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Spousal abuse in Minnesota falls under domestic abuse laws, which cover physical and emotional abuse, and threatening actions between family and household members. These laws apply to current and former spouses and partners. The laws provide civil remedies, such as protection orders, and harsh criminal penalties.
If you face charges, you must take them seriously, as the state prosecutes these cases aggressively. While domestic violence is a problem nationwide, it is not uncommon for police officers and the state prosecutor to misunderstand a disagreement and file charges. Contact a Bloomington spousal abuse lawyer to review your case and options. Rather than trying to navigate the criminal process on your own, rely on the support of our domestic violence attorneys.
Minnesota Statutes § 609.2242 defines spousal or domestic abuse as intentional physical assault, bodily harm, or attempting to cause them harm and placing them in fear of immediate and imminent threat of bodily injuries, sexual assault, or death. Penalties depend on the specific nature of the case, but a first offense, with no prior arrests or convictions, can result in up to 90 days in jail and fines of up to $1,000.
If convicted, you will also receive a misdemeanor on your permanent criminal record. Convictions resulting in gross misdemeanors could mean up to one year in jail and monetary penalties of up to $3,000. Third-degree domestic violence charges can mean up to five years of imprisonment and $10,000 fines.
Prior arrests or convictions for violence-related offenses can enhance penalties significantly. The most serious offense, resulting in significant bodily harm or death, could result in 20 or more years of imprisonment. Firearm restrictions are also likely for convictions under the statute, which prohibit gun ownership for up to three years or longer.
A Bloomington lawyer from our firm could serve as your legal advocate, protecting your rights throughout your spousal abuse case.
The Domestic Abuse Act protects victims by providing remedies that focus on the prevention of violence rather than punishment. Examples include orders of protection (OFO), which provide legal protection from their abuser, ordering them to stop the harmful behavior, including physical assaults or threatening to harm them with violence. They may order them to stay away from a shared residence and include provisions regarding temporary custody and parenting time if they have children, as well as financial support.
The individual must be a spouse, family, or household member, and may file for emergency protection without notifying the alleged abuser. There is a hearing, and the order lasts for 14 days. During the consultation, a skilled spousal abuse lawyer in Bloomington could help determine the maximum penalties and the best potential options for a strong defense.
The Domestic Abuse Act protects family and household members. This includes current or former spouses, partners who shared significant romantic or sexual relationships, and people with shared children.
It also includes blood relatives and in-laws. A seasoned Bloomington spousal abuse attorney could answer specific questions about the statute after reviewing your case.
Domestic violence is a broad term that covers many types of offenses, from misdemeanors to felonies. Regardless of the severity, they have lasting consequences. Violence-related charges of any kind can have a substantial impact on your life, and that is particularly true if you or your spouse shares children.
A hard-working and seasoned Bloomington spousal abuse lawyer could answer your questions, investigate and build a powerful defense, and guide you throughout the process. Call today to schedule a consultation to learn more about your options and get started.
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