A domestic violence charge in Minnesota is a serious offense that can be difficult to navigate legally. In Minnesota, about 34% of women and 25% of men face intimate partner violence in their lifetime, according to the NCADV and their 2022 report.

If you’re accused or convicted of domestic violence, the consequences can be severe, including jail time and the loss of your rights and freedoms. However, a charge doesn’t have to determine your future.

If you’ve been wrongfully accused of domestic violence, there are options available to help you get your case dismissed. Our dedicated team at Martine Law understands the emotional and legal complexities involved in these cases, and our seasoned attorneys are committed to fighting for your rights and helping you achieve the best possible outcome.

Domestic Violence Case Dismissals in Minnesota

In Minnesota, a criminal case can get dismissed in one of three ways:

Plea Agreement: Negotiating a deal between the defense and prosecution.
Trial: Presenting your case before a judge or jury.
Dismissal: Charges are dropped, and the case ends in your favor without the need for a trial.

What is a Case Dismissal?

A dismissal occurs when prosecutors decide to drop the charges against you, effectively ending the case in your favor. It’s important to note that only the prosecutor or district attorney, not a judge, has the authority to dismiss your case.

You’ll need clear and compelling evidence to persuade the prosecution to drop the charges to achieve a dismissal. Hiring a criminal defense attorney is crucial, as they can negotiate with the prosecution on your behalf.

Key Factors for Dismissal in Domestic Violence Cases

In most domestic violence cases, there must be a factual or legal issue for the charges to be dismissed.

This could mean:

Questionable Evidence: The evidence against you may be weak or unreliable.
Procedural Errors: How your case was handled may have caused legal issues.

Our criminal defense attorneys at Martine Law understand that the stakes are incredibly high when you’re facing domestic violence charges. Our team is dedicated to thoroughly examining every detail of your case to identify any weaknesses in the evidence or procedural errors that could lead to a dismissal.

Steps To Get Domestic Violence Charges Dismissed

Domestic violence charges aren’t taken lightly. Depending on state laws, a conviction could cost you months in prison, thousands of dollars in fines, and a lifelong criminal record.

Domestic violence charges are serious and shouldn’t be taken lightly. Even false accusations can lead to severe consequences, including prison time, hefty fines, and a permanent criminal record which may affect different opportunities for you, such as education, housing, or employment. However, the prosecution must still prove that you are guilty beyond a reasonable doubt. Here’s how you and your attorney can work toward getting your case dismissed:

1. Collect Evidence That Proves Your Innocence

The first step in getting an alleged domestic abuse complaint dismissed is to gather evidence. You can achieve this by doing the following:

Document Your Account: Keep a written record of the incident from your perspective.
Gather Witness Statements: If witnesses were present, collect their statements to support your defense.
Collect Tangible Evidence: Photos, videos, text messages, and other physical evidence can be crucial in disproving the allegations against you.

Building evidence is key to proving your innocence if you are falsely accused of domestic violence.

2. Attend All Court Dates and Dress Appropriately

Perception is key when operating in the criminal justice system and can give you the upper hand when dealing with an assault case. To present yourself in a positive manner during hearings, you should do the following:

Dress Appropriately: Wear professional and respectful clothing to court.
Be Present and Engaged: Attend all court dates, showing that you take the charges seriously.
Maintain Good Behavior: Demonstrate respect for the court and everyone involved in the process.

3. Obtain and Review Police Reports

A good police report should meet the following criteria:

Comprehensive Documentation: The report should fully account for all aspects of the incident that has been reported, including statements from all parties involved, witness accounts, and any physical evidence.
Consistency: Review the report to ensure there are no inconsistencies. If the alleged victim’s allegations or recollections appear to change over time, this could indicate a mistake in the report.
Accuracy: Verify that the details in the report accurately reflect what happened. Any errors or misrepresentations could be grounds for challenging the report’s validity.
Neutrality: The report should be objective, avoiding bias or assumptions about the incident. It should reflect the facts as they were observed, without subjective interpretations.

If the alleged victim’s allegations or recollections appear to change over time, you may have grounds to claim it is a mistaken report, which may be grounds for getting your case dismissed if inaccuracies or inconsistencies are found.

4. Have the Alleged Victim Sign an Affidavit of Non-Prosecution

Once you’ve been accused of domestic violence, the matter is between you and the courts. The challenge arises when alleged victims lie or exaggerate to the police and later want to make things right by having the criminal charges dismissed.

Unfortunately, the case is no longer in their hands. However, the alleged victim can still assist your case by signing an Affidavit of Non-Prosecution—a legal document expressing the alleged victim’s desire to have the domestic violence charges dropped. While this document can be significant in winning your case, you will still need the support of an experienced domestic violence attorney.

5. Hire a Reliable Criminal Defense Attorney in Minnesota

A criminal defense lawyer can work directly with the prosecution to help get your case dismissed.

Your attorney will do the following for you:

Investigate and collect evidence to disprove the allegations against you
File motions and subpoenas to protect your rights
Represent you in court if necessary

At Martine Law, our criminal defense attorneys use a variety of legal defense strategies when disputing domestic violence charges. If you’re facing such a charge, having our criminal defense team by your side gives you peace of mind as we work for a successful outcome. We are committed to fighting for your rights and guiding you through this challenging time.

Contact Our Criminal Defense Team at Martine Law Today!

Our legal team at Martine Law has seen firsthand the impact a false accusation can have on a person’s life and criminal record. We don’t want that to happen to you—speak to our attorneys today to discuss the options available for your case.

We pride ourselves on our track record of successfully defending our clients in their criminal cases and building strong attorney-client relationships to support you through this difficult time.

Contact Martine Law

How To Get a Domestic Violence Case Dismissed in Minnesota