Minneapolis Domestic Assault & Spousal Abuse Lawyer
“On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. Over the course of one year, this totals more than 10 million men and women.” – National Coalition Against Domestic Violence
Domestic assault and spousal abuse cases are serious matters that can dramatically impact your freedom, your family relationships, and your future. These cases may involve allegations between spouses, partners, family members, or other household members.
Attorney Judith Samson represents both individuals accused of domestic assault and individuals seeking legal protection from domestic abuse. Whether you are defending against allegations or seeking protection through the courts, experienced legal guidance is essential.
What Is Considered Domestic or Spousal Abuse in Minnesota?
Domestic assault can involve several different types of conduct under Minnesota law, including:
- Attempting to intentionally inflict bodily harm
- Causing physical injury to a spouse or domestic/intimate partner
- Committing acts that cause fear of immediate physical harm
- Threatening violence or death
- Sexual violence involving a spouse or intimate partner
- Stalking or harassment causing fear, injury, or emotional distress
- Interfering with or preventing an emergency call to law enforcement
Many domestic assault charges are classified as misdemeanors, but prior convictions or more serious circumstances can elevate charges to gross misdemeanors or felonies under Minnesota law.
(Minn. Stat. §§ 518B.01, 609.2242, 609.2247)
Orders for Protection and Protective Orders
An Order for Protection (OFP) is a court order intended to protect individuals from domestic abuse. A petitioner may request this protection through civil court, while the respondent must respond to the allegations and may request a hearing.
Protective orders may include provisions such as:
- Temporary custody or parenting time arrangements
- Temporary spousal support or child support
- Requiring one party to leave a shared residence
- Restrictions on contact or communication
- Prohibiting possession of firearms
- Requiring counseling or treatment programs
- Other protections the court finds necessary for safety
Protective orders may remain in effect from two years up to 50 years in certain cases depending on the circumstances.
(Minn. Stat. § 518B.01)
If the court believes there is immediate danger of domestic abuse, a judge may issue an **Ex Parte Order for Protection**, which temporarily takes effect before a full hearing is held.
Can Police Make Arrests for Domestic Assault in Minnesota?
Yes. Law enforcement officers may make an arrest without a warrant if:
- They have probable cause to believe domestic assault occurred
- A protective order or no-contact order has been violated
If a victim of domestic abuse fears imminent violence and has an Order for Protection or no-contact order in place, Minnesota law may also allow them to terminate a lease early with proper written notice to the landlord.
Penalties for Domestic Assault in Minnesota
A first domestic assault offense may carry penalties including:
- Up to 90 days in jail
- Fines up to $1,000
- Court-ordered counseling or treatment
- Protective or no-contact orders
If the accused person has prior domestic violence convictions, penalties can increase significantly and may result in gross misdemeanor or felony charges.
What Happens if a Protective Order Is Violated?
Violating an Order for Protection or no-contact order can result in criminal charges. Penalties may include:
- Additional fines and jail time
- Contempt of court charges
- Posting a bond that may exceed $10,000
- Possible jail until compliance with the court order
Rights of Domestic Abuse Victims in Minnesota
Individuals seeking protection from domestic abuse have several legal rights, including:
- Being informed of a prosecutor’s decision regarding charges
- Being notified of an offender’s release from custody
- Seeking protective court orders
- Eligibility for certain unemployment protections if leaving employment due to abuse
- Participation in Minnesota’s Safe at Home address confidentiality program
For more information about Safe at Home, contact the Minnesota Secretary of State’s Office at (866) 732-3035.
Legal Representation for Domestic Assault Cases
Domestic assault cases can move quickly and often involve both criminal charges and civil protective orders. Whether you are facing accusations or seeking legal protection, it is important to understand your rights and legal options.
Judith A. Samson is an experienced Minneapolis criminal defense attorney who represents individuals on both sides of domestic abuse cases. She works closely with clients to evaluate the facts of each case, explain legal options, and develop a strong legal strategy.
Contact a Dedicated Minneapolis Criminal Defense Attorney
With more than 20 years of legal experience, Judith Samson provides dedicated representation for clients facing a wide range of criminal matters, including domestic assault, misdemeanor and gross misdemeanor charges, as well as felony offenses such as theft, drug charges, and DWI.
For a free consultation to discuss your situation and legal options, contact the offices of Attorney Judith Samson today.
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.
