Introduction
Being falsely accused of domestic assault can be a terrifying and life-altering experience. In Minnesota, even a single accusation can result in arrest, restraining orders, loss of custody, and serious damage to your reputation. While the justice system operates under the principle of “innocent until proven guilty,” the social and legal consequences of a domestic assault accusation can begin immediately—before a trial or hearing even takes place.
If you’ve been falsely accused, it’s critical to act quickly and smartly. This guide explains what steps to take, how the legal process works in Minnesota, and how you can protect your rights and your future.
What Is Domestic Assault Under Minnesota Law?
Under Minnesota Statute § 609.2242, domestic assault occurs when someone commits an act intending to cause fear of immediate bodily harm or intentionally inflicts harm on a family or household member.
This includes:
- Spouses or ex-spouses
- Parents and children
- People who live together or have lived together
- Individuals who have a child together
- Romantic or sexual partners
Domestic assault can be charged as a misdemeanor, gross misdemeanor, or felony depending on the circumstances and any prior offenses.
Common Reasons for False Accusations
False domestic assault accusations may stem from:
- Child custody battles
- Divorce or separation disputes
- Revenge or manipulation
- Mental health issues
- Misunderstood or exaggerated events
Regardless of the motivation, the law takes accusations seriously. You must do the same.
Step 1: Do Not Engage With the Accuser
After an accusation, your first instinct might be to reach out and “clear things up.” Don’t do it.
- Avoid all contact, even if the accusation is completely false.
- Follow all court orders or temporary restraining orders (even if unjust).
- Let your attorney handle all communication.
Violating a no-contact order—even accidentally—can result in additional charges and make your defense much more difficult.
Step 2: Hire a Criminal Defense Attorney Immediately
Do not wait until formal charges are filed. As soon as you’re aware of the accusation:
- Contact an attorney who specializes in domestic violence defense.
- Ensure they understand both criminal defense and family law.
- Work with them to build a timeline of events, identify witnesses, and collect evidence.
At Martine Law, we help clients defend against false accusations and fight aggressively for dismissal or acquittal.
Step 3: Gather Evidence That Supports Your Side
Evidence is your strongest weapon against a false claim. Start gathering:
- Text messages, emails, and call logs
- Social media posts or DMs
- Surveillance footage or photos
- Eyewitness testimony
- Proof of your location at the time of the incident (alibis)
Provide everything to your attorney. Even seemingly small details can be useful in court.
Step 4: Understand the Legal Process
If you’re arrested, here’s what typically happens next in Minnesota:
- Booking and possible overnight jail stay
- Arraignment hearing where bail is set and no-contact orders are issued
- Pretrial hearings to review evidence and set trial dates
- Trial, if the case is not dismissed or resolved through negotiation
During this time, it’s crucial to remain silent, cooperate with your attorney, and not post about your case online.
Learn more about your rights and responsibilities at LawHelpMN.
Step 5: Challenge the Credibility of the Accuser
In many domestic violence cases, it’s your word against theirs. Your attorney may explore:
- Motive for fabrication, such as winning custody
- History of false accusations
- Inconsistencies in the accuser’s story
- Behavior that contradicts the alleged abuse
Your legal team will use discovery and cross-examination to reveal any gaps in the accusation.
Step 6: Comply With All Court Orders
Even if you’re innocent, the court may:
- Order you to stay away from your home or children
- Impose curfews or restrict firearm possession
- Require you to attend anger management classes
It’s frustrating, but complying is essential. Violations can result in further charges and harm your case.
What If the Accuser Recants?
Sometimes, the accuser may admit they lied or want to “drop the charges.” Unfortunately, in Minnesota, only the prosecutor has the power to drop charges—not the alleged victim.
If your accuser recants:
- The prosecution may still proceed with the case
- Your attorney must still present a strong defense
- Any recantation should be documented and shared with the court
Long-Term Consequences of a Conviction
Even one false accusation—if it leads to a conviction—can result in:
- Jail time
- Fines
- Loss of gun rights
- Job loss
- Difficulty with child custody
- Permanent criminal record
That’s why it’s crucial to take action early and fight aggressively with a strong defense strategy.
Can You Sue for a False Accusation?
In some rare cases, if it’s proven that someone intentionally lied to the police or court, you may be able to pursue a civil lawsuit for defamation, emotional distress, or malicious prosecution.
However, these claims are complex and depend on the outcome of the criminal case. Consult your attorney about whether it makes sense for your situation.
Final Thoughts
False accusations of domestic assault can derail your life—but you have rights, and you can fight back. The legal system is not perfect, but with the right legal strategy and experienced defense, you can clear your name.
At Martine Law, we believe everyone deserves a fair trial and a strong defense. If you’ve been accused of something you didn’t do, let us help you protect your future.