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Domestic abuse is a very serious issue in Minnesota. The law can be complex and difficult to understand. Under Minnesota statutes, the legal definition of domestic abuse is defined as any of the following acts committed by a family or member of a household:
The law defines a family or household member as:
In domestic violence-related cases, a misdemeanor is for a first conviction. If there are any prior convictions in the past 10 years, it’s considered a gross misdemeanor and carries a penalty of up to 12 months in jail and up to a $3,000 fine.
Domestic assault is considered a felony if strangulation is involved. This carries a penalty of up to three years in prison unless there are extenuating circumstances involved, which can lead to a greater penalty.
In cases of domestic abuse, an Order for Protection (OFP) may be filed with the court. If you are the person asking for an OFP, you are considered the “Petitioner.” If you are receiving the OFP, you are considered the “Respondent.” An OFP can be requested on behalf of minor children as well. In Minnesota, both parties named in the order do not have to be present at the hearing in order for a long-term judgment to be granted.
Domestic abuse cases can affect child custody under Minnesota law. If domestic violence occurs in the home, shared custody situations can be amended. A judge will consider several factors when determining physical and legal custody of minor children including how the abuse impacted the child and the physical/mental health of family members. Judges are required to consider domestic abuse when rendering child custody judgments and will accept any evidence presented.
If you need legal representation for your domestic abuse situation, contact the family law attorneys at Barna, Guzy & Steffen. We work hard to preserve your rights and protect your family.
Please call our offices to inquire about making an appointment to speak with an attorney. The knowledgeable staff will be able to answer your questions regarding the appointment and make sure that everyone is prepared for the initial consultation.
While some attorneys have free initial consultations, there are some areas of law that require a small fee for an initial consultation. You will be informed of any and all fees associated when you call to make an appointment.
Our attorneys offer highly sought-after professional services for which there is an associated fee. These fees will be discussed in your initial consultation.
Billing and payments are determined by individual attorneys who will discuss these issues with clients at their initial appointments.
Our attorneys and staff are professionals experienced in providing legal services with efficiency and the utmost of client confidentiality. Trust, dedication, and professionalism are essential to the success of any business relationship. We believe these characteristics are the essence of integrity, and we strive to nurture these values within our firm. Since our inception, the attorneys at Barna, Guzy & Steffen have been committed to providing comprehensive legal services within the framework of professional excellence.
Listen to your Miranda Rights.
Request to speak with an attorney in private. Your Miranda warning will be read to you by the arresting officer. It is very important that you pay attention to every word of these rights.
If you are placed under arrest, the officer has most likely completed an investigation leading to the belief that there was probable cause that you committed a crime. At this point, the officer has made their decision. Do not think that you could say or do anything to change the officer’s mind.
Do not resist arrest. Resisting arrest could subject you to further criminal charges if you go too far. Additionally, your attitude toward the arresting officer, if negative or volatile, will be presented as supporting a guilty verdict. In general, juries do not react favorably to a person who fights with police and will most likely see this is as evidence of guilt.
If convicted, the prosecution could use any negative conduct to support a harsher sentence. In short, displaying aggressive behavior toward police will only cause trouble. Even if you are scared, angry, or are experiencing high anxiety, you must maintain composure and politely request to speak to an attorney in private.
The law firm of Barna, Guzy & Steffen offers dedicated attorneys who effectively and efficiently handle your legal needs with the highest level of professionalism.