Introduction
Domestic assault charges in Minnesota are taken extremely seriously by the legal system. Even a single accusation can result in immediate arrest, restraining orders, loss of firearm rights, and long-term consequences. If you’re facing a domestic assault charge — or trying to understand your legal rights — it’s important to know exactly what Minnesota law considers domestic assault, what the potential penalties are, and how you can protect your future.
At Martine Law, we’ve helped countless individuals fight false allegations, navigate complex domestic violence laws, and rebuild their lives. In this blog, we break down what you need to know.
What Is Domestic Assault Under Minnesota Law?
According to Minnesota Statute § 609.2242, domestic assault is defined as any act that involves:
- Intentional infliction of bodily harm, or
- Attempting to cause fear of immediate bodily harm or death
This definition applies when the alleged victim is a family or household member, including:
- Spouses and former spouses
- Parents and children
- Individuals who live together or have lived together
- Individuals who have a child together (regardless of relationship status)
- Individuals involved in a significant romantic or sexual relationship
This broad definition means that even people who were dating — or who haven’t seen each other in years — can fall under the domestic assault category.
Examples of Domestic Assault
Domestic assault doesn’t only mean hitting someone. It can include:
- Threatening violence
- Shoving or slapping
- Throwing objects
- Preventing someone from leaving a room
- Raising a fist in a threatening manner
Even without physical contact, if the alleged victim feared harm, it could be charged as assault.
Misdemeanor vs. Felony Domestic Assault in Minnesota
Domestic assault charges can be classified based on the circumstances and your criminal history.
1. Misdemeanor Domestic Assault
- First-time offense
- No serious bodily harm
- Penalty: Up to 90 days in jail and/or a $1,000 fine
2. Gross Misdemeanor
- Second offense within 10 years
- Violating a no-contact or protection order
- Penalty: Up to 1 year in jail and/or a $3,000 fine
3. Felony Domestic Assault
- Third or more offense within 10 years
- Assault with strangulation
- Serious bodily harm involved
- Penalty: Up to 5 years in prison and a $10,000 fine
If a weapon was used or a child was present during the incident, additional charges or enhancements can apply.
Collateral Consequences of a Domestic Assault Conviction
Besides jail and fines, a conviction can result in:
- Loss of firearm rights (even for misdemeanors)
- Protective orders or restraining orders
- Loss of child custody or visitation rights
- Immigration consequences (for non-citizens)
- Permanent criminal record
Even being accused can trigger court orders that restrict contact with your children, prevent you from returning home, and appear in public databases.
Mandatory Arrest Policies
In Minnesota, police are required to arrest someone if they have probable cause to believe a domestic assault occurred in the past 72 hours. That means:
- An arrest can happen with no warrant
- Officers may not need physical evidence
- You may be arrested even if the alleged victim doesn’t want to press charges
This makes it crucial to speak with a criminal defense attorney immediately after an accusation is made.
Can Domestic Assault Charges Be Dropped?
Once charges are filed, the state, not the victim, controls the case. Even if the accuser wants to drop the charges, the prosecutor may continue with the case based on:
- Police reports
- Witness testimony
- Prior history
- Evidence of injury
Learn more in our guide: Can Domestic Violence Charges Be Dropped in Minnesota?
Legal Defenses to Domestic Assault Charges
Every case is unique, but common legal defenses include:
1. False Allegations
Sometimes accusations are made out of anger, revenge, or as leverage in divorce or custody disputes.
2. Self-Defense
You have the right to defend yourself if you reasonably feared harm.
3. Lack of Intent
If the alleged assault was accidental or not intended to cause fear, it may not meet the legal definition.
4. Insufficient Evidence
No witnesses, no injuries, or conflicting stories can weaken the prosecution’s case.
5. Mutual Combat
If both parties were involved equally, charges might be reduced or dismissed.
Your attorney at Martine Law will examine police reports, gather witness statements, and build a defense tailored to your situation.
The Role of Protective Orders
Following a domestic assault charge, the court may issue an Order for Protection (OFP) or a Domestic Abuse No Contact Order (DANCO). These orders can prohibit you from:
- Returning home
- Contacting the alleged victim (including phone, email, or social media)
- Seeing your children
Violating these orders can lead to additional criminal charges, including felony charges.
What to Expect in Court
If you’re charged with domestic assault, you’ll face a criminal court process that may include:
- Arraignment: You enter a plea and bail is set
- Pre-trial hearings: Your attorney may negotiate with the prosecutor or challenge evidence
- Trial: If no resolution is reached, your case may go before a judge or jury
You may also have to attend a separate hearing if a protective order is involved.
Why Hire a Domestic Assault Defense Lawyer?
Trying to handle a domestic assault charge on your own is risky. These are high-stakes cases where your future — and your freedom — are on the line.
At Martine Law, we:
- Investigate the facts thoroughly
- Protect your rights at every stage
- Challenge weak evidence or false claims
- Work to get charges reduced or dismissed
- Represent you with skill and compassion
Final Thoughts
Domestic assault charges in Minnesota are serious, and even a first-time accusation can impact your life for years. Whether you’re facing false allegations or a misunderstanding escalated, don’t leave your case to chance.
Get experienced legal help now. Contact Martine Law for a free, confidential consultation.