When relationships end, emotions often run high. But if your ex won’t stop sending threatening texts, voicemails, or messages, you may wonder whether that behavior is just harassment, or whether it crosses the line into criminal assault under Minnesota law.
The answer depends on what the messages say and whether they make you reasonably fear for your safety.
Minnesota law recognizes that assault doesn’t always require physical contact. If threats cause you to fear immediate harm, your ex could face serious criminal consequences.
Here’s how Minnesota handles threats, fear-based assault, and related charges, and what you can do to protect yourself.
Contact an experienced lawyer today.
How Minnesota defines assault
Under Minnesota Statutes § 609.224, there are two ways a person can commit assault:
- Intentionally causing fear in another person of immediate bodily harm or death, or
- Intentionally inflicting or attempting to inflict bodily harm upon another person.
That first definition means assault doesn’t require touching or injury — only intent to cause fear of immediate harm.
So, if your ex’s threats make you genuinely fear that they might harm you soon, that could qualify as assault under Minnesota law, even if they never laid a hand on you.
For more on Minnesota’s assault laws, visit Martine Law’s Minnesota assault defense page.
When threats become assault
Not every angry message is a crime. For prosecutors to charge assault based on threats, they must prove that:
- The words or actions were intended to make you fear immediate harm or death.
- A reasonable person in your position would actually fear for their safety.
- The threat caused you to feel genuine fear at that moment.
Examples that may qualify as assault:
- Texts or voicemails saying “I’m coming for you tonight” or “You’ll regret this.”
- Threats to show up at your home, workplace, or a child’s school.
- Messages that reference weapons or previous acts of violence.
- Repeated attempts to contact you after you’ve said to stop, especially in an intimidating or menacing tone.
These behaviors can lead to fear-based assault charges, often in the form of fifth-degree assault or domestic assault, depending on the relationship and context.
Don’t let a simple mistake ruin your life, contact a defense attorney today.
Related charges for threatening behavior
Even if the threats don’t meet the exact legal definition of assault, Minnesota has several other statutes that make threatening or harassing behavior a crime.
1. Terroristic Threats – Minn. Stat. § 609.713
This is one of the most serious “threat” laws in Minnesota. It applies when someone:
“Threatens, directly or indirectly, to commit any crime of violence with the purpose of terrorizing another person.”
Example: A text saying, “I’ll kill you if I see you again,” or “I’m going to burn your house down.”
Penalty: Up to 5 years in prison and a $10,000 fine.
2. Domestic Assault – Minn. Stat. § 609.2242
If the threat comes from an ex-spouse, former partner, or co-parent, it may be charged as domestic assault — even if there was no physical contact.
Penalty:
- Misdemeanor: Up to 90 days in jail and a $1,000 fine.
- Gross misdemeanor or felony: If there’s a history of prior domestic-related convictions.
- Firearm restrictions: Federal and state law prohibit firearm possession after domestic assault convictions.
3. Harassment and Stalking – Minn. Stat. § 609.749
Repeated threats, unwanted contact, or intimidating messages can also qualify as harassment or stalking.
- Includes texts, emails, social media messages, or in-person conduct.
- Penalties range from gross misdemeanor to felony, depending on the severity and history.
When threatening messages don’t qualify as assault
To qualify as assault, the threat must make you fear immediate harm — not harm “someday.”
For example, saying “You’ll pay for this” or “You’ll regret it eventually” might be considered harassment but not assault, unless it’s tied to a clear, imminent threat.
However, even non-immediate threats can still justify a restraining order or harassment restraining order (HRO) under Minn. Stat. § 609.748, which can prohibit contact and carry criminal penalties for violations.
Learn more about protective orders on Martine Law’s domestic violence page.
What to do if your ex keeps sending threats
If your ex’s messages are causing fear or distress, there are immediate steps you can take to protect yourself:
1. Save all evidence
- Keep screenshots, voicemails, and call logs.
- Do not delete messages, even if they’re upsetting — they may be critical in court.
2. Avoid responding
- Don’t engage, argue, or threaten back.
- Any response can escalate the situation or complicate your case.
3. File a police report
- Bring evidence of the threats to your local law enforcement agency.
- Officers can investigate whether the behavior violates assault, harassment, or terroristic threat laws.
4. Seek a restraining order
If the threats are ongoing, you may request a Harassment Restraining Order (HRO) or Order for Protection (OFP).
These orders can:
- Prohibit your ex from contacting you in any form.
- Bar them from visiting your home, work, or school.
- Allow police to arrest them immediately for violations.
5. Contact an attorney
An experienced lawyer can help you:
- File for an HRO or OFP,
- Communicate safely with law enforcement, and
- Explore criminal or civil remedies if you’ve suffered damages or ongoing harassment.
If you’ve been accused of making threats, you also need immediate representation. Even vague or emotional statements can be misinterpreted and lead to serious criminal charges.
Key takeaways
- You can be charged with assault in Minnesota even without physical contact if threats make someone fear immediate harm.
- Threatening messages from an ex or former partner can also lead to domestic assault, terroristic threat, or harassment charges.
- The key factor is whether your ex’s behavior caused reasonable and immediate fear for your safety.
- You can take steps now — including saving evidence, contacting police, and seeking a restraining order — to protect yourself.
An experienced Minnesota attorney can help you pursue protection or defend against false allegations.
If your ex is sending threatening messages or you’ve been accused of making threats, Martine Law can help. Our Minnesota attorneys handle both criminal defense and family protection cases, offering the legal support you need to stay safe and protect your rights.
Contact Martine Law today for a confidential consultation.
Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.