Domestic assault in Minnesota involves either of the following against a family or household member, as defined by statute: (1) committing an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicting or attempting to inflict bodily harm upon another. The Minnesota domestic assault statute describes the circumstances that justify a domestic assault being charged as a misdemeanor, gross misdemeanor or felony. Domestic assault is an “enhanceable” offense under Minnesota law, meaning a future charge can be more severe if there is a prior conviction for domestic assault.
Family or Household Members
A family or household member is defined to mean spouses and former spouses, parents and children, persons related by blood, persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they have been married or have lived together at any time, a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time and persons involved in a significant romantic or sexual relationship.
Consequences of a Conviction
An Order for Protection often follows a charge of domestic assault. These Orders are civil in nature and prohibit future acts of domestic abuse, contact with the alleged victim and can, in some circumstances, govern ongoing parenting time and custody of children, child support, alimony and possession of property. The violation of an Order for Protection constitutes a crime in Minnesota. In addition, those convicted of a crime involving domestic abuse are prohibited from possessing firearms, in accordance with the federal legislation known as the Violence Against Women’s Act.
If you’ve been arrested or charged with domestic assault in Minnesota, contact us immediately. The earlier you involve an attorney, the sooner we can gather evidence, interview witnesses and address other important issues in your defense. Call our law firm now for a consultation: (218) 346-4995.