Minnesota law defines domestic violence as the occurrence or threat of physical or sexual assault between family members or other household members. The statute also includes emotional abuse where the person has threatened to harm or harmed another through mental cruelty, intimidation, harassment, and so on. Under Minnesota law, two court proceedings will be brought against an individual accused of committing acts of domestic violence. The first is the civil proceeding where the guardian of the alleged victim can request an order for protection (OFP) which will restrain your ability to contact the alleged victim and if you reside together could restrict your access to your residence. The second proceeding begins when law enforcement files a criminal complaint and you are formally charged with a crime. This article explains the basics of domestic violence charges and the importance of hiring an experienced domestic violence attorney. Domestic Violence Criminal Defense Attorney in Orono MN

Domestic Violence Includes Threats Within a Family or a Household

Minnesota defines a family or household member as a spouse, former spouse, parent, foster parent, stepparent, child, foster child, or person cohabiting with another in a parent/child relationship. This includes persons related by blood or marriage and people who live together as if they were married.

What is a Domestic Violence Attorney?

A domestic violence attorney is a criminal defense lawyer who represents clients who have been charged with committing acts of violence against their family members or household members. The attorney will be able to help you understand the process and your options, as well as prepare for court proceedings.

Domestic violence attorneys can assist you in many ways throughout the legal process including:

Representing you at any court appearances
Collecting evidence from witnesses and experts that support your case
Negotiating with prosecutors on your behalf
Preparing you for trial by advising on your rights and helping you make decisions about your case

If you are facing charges of domestic violence, it is important to act quickly and contact an attorney who can help defend your interests.

Two Court Proceedings That Will Be Brought Against an Individual

Just as in a criminal proceeding, two court proceedings will be brought against an individual. The first is the civil proceeding where the guardian of the alleged victim can request an order for protection (OFP). The second is the criminal proceeding where you are formally charged with a crime. Both of these proceedings may take place at different times and can result in two different outcomes:

The OFP proceedings are separate from the criminal proceeding and do not affect your ability to defend yourself against any charges that may be filed against you.

Order for Protection (OFP)

The first is the civil proceeding where the guardian of the alleged victim can request an order for protection (OFP) which will restrain your ability to contact the alleged victim and if you reside together could restrict your access to your residence. The second is a criminal case brought by law enforcement, in which they charge you with a criminal offense such as domestic violence or battery. In these cases, a domestic violence attorney can help you defend yourself against these charges and avoid having them stick.

Criminal Complaint From Law Enforcement

The second proceeding begins when law enforcement files a criminal complaint and you are formally charged with a crime. This can happen at any time after the incident that led to your arrest but typically happens within days of the alleged abuse.

Civil proceedings begin when the victim of abuse files for divorce, child custody, or paternity. Civil proceedings are separate from criminal proceedings and are brought by the victim to mitigate their harm and seek compensation for damages caused by domestic violence or sexual assault. Depending on your circumstances, you may have both civil and criminal cases pending against you simultaneously (and sometimes simultaneously against multiple parties).

Consult With an Experienced Criminal Defense Attorney

If you have been charged with domestic violence, it is crucial to consult with an experienced criminal defense attorney familiar with the process and procedures involved in OFP proceedings. These procedures can be complex, and your defense attorney should be able to guide you through them so that your rights are protected.

Having an experienced domestic violence lawyer on your side will help ensure that you have a strong defense against these serious charges.