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Minnesota Domestic Violence Questions & Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: can I a 16 year old tell someone who is a bad influence to my mother and siblings to stay out of the house?

So I'm 16 and my mom has a vary abusive boyfriend (not physically) and he just threatened to and I quote "ring his little neck. " (my brothers 18 and hes 31) is it possible to get him out of the house for good?

Jonathan Matthew Holson answered on Aug 12, 2019

No. You cannot tell him to stay out, but you could certainly apply for a harassment restraining order or order for protection if one is warranted. That would be your best avenue to keep him out of the home.

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1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: Deprivation of Parental Rights. It has been 585 days since 3rd Party Custodian allowed Mother to see/speak to daughters

Order states, "Mother is free to contact her children by phone and social media" visitation is "contingent on child's desire to attend". 3rd party custodian tells the Judge my children "have no desire to attend". 3rd Party Custodian is daughter of our abuser, and always helped her father abuse us.... Read more »

Thomas C Gallagher answered on Jul 17, 2019

Only the prosecuting attorney can file a criminal charge in court. The exception is that police officers can tab charge misdemeanors and petty misdemeanors, subject to later review by the prosecuting attorney. Neither you nor a private attorney can file a criminal charge in court. You can make... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: My husband has a DANCO and I do not want to testify against him in court. Can I legally refuse to testify?

Jonathan Matthew Holson answered on Jul 10, 2019

No. They will give you immunity and if you refuse to testify you will be held in contempt.

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1 Answer | Asked in Domestic Violence for Minnesota on

Q: My ex keeps telling me to kill my self. Have multiple screenshots and I think he is a big danger. Anything I can do?

Have multiple screenshots of him telling me to die and him being super mean and also I think he is a danger to me and others. He could do anything at any point to hurt someone.

Jonathan Matthew Holson answered on Jul 7, 2019

You could certainly apply for an OFP or an HRO. But I’m not sure that what you describe is criminal activity. I would get a protection order.

1 Answer | Asked in Criminal Law, Domestic Violence, Land Use & Zoning and Real Estate Law for Minnesota on

Q: I am getting a restraining order against my neighbor, can that also stop him from using the easement on my property?

The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... Read more »

Thomas C Gallagher answered on Jun 25, 2019

In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: How would I go about filing a motion to have the statue on an old case changed in the state of MN?

Convicted of disorderly conduct statute 1 need to try and change it to statute 2.

Thomas C Gallagher answered on Mar 27, 2019

The best way would be to hire a criminal defense lawyer to help with it. As for which motion, a motion to withdraw a plea could work. Then, at the hearing ask the prosecutor and judge for help getting it changed. In the end, the Court Administrator will need to correct the court's record. After... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Minnesota on

Q: Can a Probation officer change the terms of a court order? And is there a way to prove said terms are unjust/unreasonab?

The charge is Disorderly Conduct, dropped from a DV that he shouldn’t have been charged with in the first place. No prior offenses. No criminal record. Stable job for 15 years. Happily married with 2 kids.

Thomas C Gallagher answered on Dec 31, 2018

A Probation Officer does not have authority to change the written terms of judge's explicit, written conditions of probation. But from a practical perspective, judges rely heavily on probation officers and give them a lot of discretion. A defendant have trouble with a probation officer is better... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on

Q: How many different ways can a domestic assault go on my bf that I called the police on, but I told a false statement

Jonathan Matthew Holson answered on Nov 7, 2018

This appears to be a duplicate question. See my prior answer.

1 Answer | Asked in Domestic Violence for Minnesota on

Q: If my bf pleads not guilty & I recant my statement before his court day will they dismiss it or he will go to trial

Jonathan Matthew Holson answered on Nov 7, 2018

It depends on all of the other evidence, but in all likelihood they will not dismiss the charges and the matter will go to trial. The jury will then have to make a decision about whether they believe your testimony or the statement that you gave the night of the incident.

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: If I called the police on my bf and gave a false statement can I testify on his behalf to clear what really happened?

I think I deserve the charge because I lied

Thomas C Gallagher answered on Nov 5, 2018

You could, but these situations are complex enough to warrant a personal consult with a defense lawyer, at least on the phone. There are better options. You can give me a call if you like.

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2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Minnesota on

Q: What are the charges if a juvenile lies about a domestic assault that didn’t happen?

Thomas C Gallagher answered on Oct 22, 2018

The question is unclear. What happens to false charges? Or what happens to a person who makes a false allegation? Much will depend upon the full picture of all the circumstances. A happy or sad ending is possible for either. Caution is warranted. Beyond that that maybe a phone call would... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: The state put a danco on between my boyfriend and I, I want to get it dropped because we do have a child together

He did have a rule 20 done and they are committing him to a mental hospital, and I believe having our daughter and I in his life would help him. He's currently in jail facing charges that are false and made up.

Thomas C Gallagher answered on Oct 22, 2018

As far as trying to get the Judge to drop the no contact conditions and DANCO, with consistent effort you may be able to accomplish that. For a longer discussion of how, you may be interested in reading my blog article: How to Get Rid of a Domestic Abuse No Contact Order in Minnesota... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: why would one person have 609.2242(1) & 609.2242(2) listed. only the other only have 609.2242(2) what's the difference

If a couple both have charges can they retain the same attorney or should they each have their own.

Luke Neuville answered on Oct 13, 2018

Two types of misdemeanor domestic assault: intent to cause fear of immediate bodily harm and intentionally causing bodily harm. You and your wife will most likely need separate attorneys but as the defendant it is much more important for you to retain an attorney.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: If my boyfriend has a warrant for misd. Domestic violence charges from wi will he get picked up in mn

The misd charges r from Wi but hes in Mn alot so will he get picked up there

Thomas C Gallagher answered on Oct 7, 2018

It's possible. Generally the prosecutor can request an arrest warrant go interstate. Generally they do in felony cases, and they can in misdemeanor cases. Probably the key issue for them is cost. If a fugitive is caught outside the home-state of the court with the criminal case, the other... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on

Q: Was awoken at 4am to spouse yelling, she called police, i was taken to jail for (false) domestic disturbance. What to d

Was asleep and she woke me up, she was mad, next thing i knew the police were there and i was taken to jail. We have a child together, and i love her children from a previous marriage like they're my own. She has been asking for a divorce for about a year and is now seeing another man, she has... Read more »

Jonathan Matthew Holson answered on Sep 7, 2018

I don't what relevance the prior alcohol conviction would have relative to the domestic assault allegation. Domestic Assault allegations are notoriously hard to prove especially if there aren't signs of physical injury. Especially given that she had motive to make up the allegations. Work with... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on

Q: What If proper procedure was not followed by Minnesota statue.

I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default

Joseph A. Gangi answered on Aug 15, 2018

Speak with an attorney. If you were not properly served, you may be able to reopen the case.

2 Answers | Asked in Domestic Violence for Minnesota on

Q: do i need lawyer charges probable cause hang up 911 and domestic asult in jail now waiting first apperance he/illegal

he is not legal and he stays with his mother and it was his sister he has a disputr with but they took him on the 911 hang up call not the domestic there was no evidance do i need a lawyer?

Jonathan Matthew Holson answered on Jul 16, 2018

This appears to be a duplicate question. I answered the question as it was listed under immigration.

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1 Answer | Asked in Domestic Violence and Immigration Law for Minnesota on

Q: my friend was arrested for probable cause hang up 911 but was calledout on a domestic and they had no proof of asult?

he is not legal do i need a lawyer he was taken for the 911 call not domestic his first apperance is july 17th and me and his mother need to no will they take him and deport him?

Jonathan Matthew Holson answered on Jul 16, 2018

The interference with a 911 call is a gross misdemeanor offense. He will need an attorney on that and likely will need an attorney to handle the immigration issue as well. He should not handle these on his own.

1 Answer | Asked in Family Law, Domestic Violence and Child Custody for Minnesota on

Q: I am a Grandparent to 4 granddaughters that are in harms way with their parents. I want to file for emergency custody.

The parents have several domestic assault convictions, one back in 2015 when the mother stabbed the father twice in front of the kids. The girls were give to myself and my husband to foster until the Mother completed rehab and counseling. The parents are fighting again, and I need to get the... Read more »

D. Patrick McCullough answered on Apr 3, 2018

I would suggest you hire a family law attorney to help you.

1 Answer | Asked in Domestic Violence for Minnesota on

Q: I stretched a story about domestic violence and my boyfriend is already charged how can i get his charges dropped ?

Jonathan Matthew Holson answered on Mar 27, 2018

You do not have the option of dropping the charges. That is a decision to be made by the prosecutor. You certainly can contact the prosecutor and explain how you stretched the story. That prosecutor will ultimately make the decision about whether they are going to move forward with prosecuting... Read more »

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