Minneapolis, Minnesota criminal defense attorney, Judith A. Samson, knows what it takes to give her clients the support, knowledge, expertise, and experience of an attorney who is seasoned and familiar with a criminal misdemeanor, gross misdemeanor, and felony charges. Contact Judith A. Samson to schedule a free initial consultation if you are facing domestic assault charges.
Minnesota Domestic Assault
In Minnesota, domestic assault is an injustice that occurs within a home or occurs against an ex-girlfriend or boyfriend, wife, or husband. If an individual accused of committing a violent act against a family member or a person with whom he or she was in a relationship, it is possible that he or she may face a domestic assault charge.
Results of Arrest for Domestic Assault
If you face domestic assault charges, you will need an attorney who is familiar with this type of case and who has the resources and experience in investigating and negotiating your case so that the best result occurs for her clients. Some of the legal repercussions of this type of crime include:
1. An Order for Protection
This action is a civil order to protect a family or household member who faces a domestic assault allegation. The party at fault could be looking at a misdemeanor criminal charge or worse. A second violation will result in a gross-misdemeanor which carries a 1-year sentence or a $3,000 fine.
Minnesota law defines family or household member as:
- Spouses
- Former husbands and wives
- Mothers and fathers
- Progeny
- Persons who are blood-related
- Individuals who are currently residing together or who have previously resided together
- Persons who have a child in common
- A man and a woman who is pregnant and the man is the alleged father
- Persons involved in significant romantic or sexual relationships
2. An Ex Parte Order for Protection
The Latin legal term, Ex parte, means “from/out of the party/faction of (name of party/faction). An ex parte decision is one that a judge appoints without requiring all of the parties in the dispute to be present. The ex parte order can occur without the alleged abuser sharing his or her side of the story. But, to risk further punishments, the alleged abuser must obey the Order of Protection conditions.
3. Consequences of an OFP
- Enforcement to stay away from the alleged victim or any minor children
- Orders to stay away from the alleged victim’s workplace
- Removal and enforcement to stay away from the home where both the alleged abuser and the victim live or the space in which both are currently living
- The requirement to not contact the alleged victim by:
- Phone
- Any electronic devices
- By a message from another person
Additional outcomes can include:
- Loss of custody of children
- Counseling or treatment
- Loss of home or shared possessions
So much is at stake once you face charges of domestic violence. An Order of Protection can remain in place for as long as two years. In those cases where the accused has a history of abuse, he or she could face a restraining order that could last up to 5 years. Violating a restraining law could cause you a misdemeanor conviction.
Minnesota Domestic Assault Attorney, Judith A. Samson
Contact Judith Samson today. The faster you begin to fight your charges, the more time your lawyer has to make sure your legal rights and your best interests are protected. Judith Samson, Attorney-at-Law, has assisted many clients in cases very much like yours. Schedule your free initial consultation today and fight back against your OFP, or restraining order. Sound legal advice is within reach.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
