Grostyan & Associates, PLC Articles Domestic Abuse Laws in Minnesota

Domestic Abuse Laws in Minnesota

By Grostyan & Associates, PLC  May. 21, 2013 11:27a

Domestic violence in the state of Minnesota is laid out under the Domestic Abuse Act, Section 518B.01 of the Minnesota Statutes. The statute defines domestic abuse as physical harm, bodily injury, or assault or the infliction of fear of imminent physical harm, bodily injury, or assault. Additional definitions pertain to terrorist threats, criminal sexual misconduct, or interference with an emergency call by a household member. The statute defines the domestic relationship as spouses and former spouses, parents and children, persons related by blood, persons residing together or who have resided together in the past, persons who have a child together, regardless of marital or cohabitation status, a man and woman who is pregnant, regardless of marital or cohabitation status, and persons in a romantic or sexual relationship.

In cases of domestic violence, a petition for an order of protection from the court may be requested by any household or family member, whether in person or through another family member, guardian, or by another reputable adult where a minor is concerned. The court will also advise the petitioner as to his or her rights to restitution. Once the court receives the petition, a hearing will be scheduled within 14 days. At the hearing, the court may order a restraining order, temporary custody of any children, and financial support from the alleged abuser as well as restitution to the victim.

A first-offense Minnesota domestic violence charge is generally charged as a misdemeanor carrying penalties of up to 90 days in jail and $1,000 in fines. Repeat offenses within ten years will result in more serious charges and steeper penalties.

Minneapolis Criminal Defense Attorney

In many cases, domestic violence charges are exaggerated or false, based on one party's hostility, jealousy, attempt to get revenge, or to outmaneuver the other in a divorce, relationship breakdown, custody or other legal battle. For those falsely accused, such a situation can wreak havoc on your personal life, job, reputation, and more. That is why it is imperative to seek trusted and competent legal help.

At Grostyan & Associates, PLC you can turn your case over to a skilled and dedicated criminal defense attorney with more than a decade of experience in handling all types of criminal charges, from DWI to drug crimes, theft crimes, sex crimes, violent crimes, and more. Mr. Grostyan is one of the few attorneys in the state who is a member of the prestigious Minnesota Society for Criminal Justice. He is also a member of the National Association of Criminal Defense Attorneys. He and his elite legal team are fully versed in all of the legal factors and strategies that go into any criminal case throughout the duration of its legal process. Contact the firm to discuss your arrest and charges in a free, initial case review to learn your best options for defense.

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