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A Closer Look at Minnesota Domestic Violence Laws

On Behalf of | Mar 6, 2014 | Firm News |


In Minnesota, domestic violence changes are quite serious. They pertain to any persons who commits violence against a family member or and other specified person(s). Other specifies persons can include a roommate or former roommate, significant other, people who have dated, those that have children together.

If an individual has injured one of these persons and had a previous complaint or protective order against them, the punishment if convicted becomes increasingly severe. If you have been accused of domestic violence, battery, or assault, it is highly recommended you speak with Minneapolis criminal defense lawyer as soon as possible.

Common Types of Domestic Abuse in Minnesota

  • Bodily injury
  • Sexual misconduct
  • Threats of harm
  • Interference with an emergency call to authorities

In the state of Minnesota, a police officer has the right to arrest an individual if he or she suspects domestic violence or assault without a warrant. Once the suspect is arrested, he or she can be legally held in jail for a period of 36 hours unless a judge calls for the release of the individual. If by some chance the individual is caught by authorities and is attempting to strangle or sophisticate the victim, the individual can be charged with a felony. This charge will apply to the 3 strike rule if the individual is convicted.

If you have been arrested under the suspicion of domestic violence, there are certain defense tactics your attorney can use to help lessen or exonerate you of these serious charges.

Possible Domestic Violence Defenses

  • Fabricated Charges: This can be a useful defense if the victim is intentionally falsifying claims of domestic violence. In many cases this can occur if the victim has otherwise angry at the suspect and can be proven using hard evidence to suggest the victim may be lying to authorities about abuse.
  • Victim Consent: Though this type of defense is uncommon, it can clear the defendant of domestic violence charges. This defense proposes the victim agreed to the particular act.
  • Self-Defense: In some cases the accuser assaulted the defendant before he or she retaliated in self-defense. Evidence of prior assault upon the defendant can help build this case.

If you have been accused of Domestic violence in Minnesota, please contact the attorneys with the Marin Law Office. Our experienced attorneys can help you reach the best possible conclusion to your criminal case.