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Minnesota Domestic Violence Questions & Answers
4 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Domestic assault no victim statement victim did not press charges
William Bailey
William Bailey answered on Oct 3, 2020

Once the police are called the victim is no longer in charge of whether charges are pressed. If you have been charged with a crime you need to contact an attorney right away.

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3 Answers | Asked in Criminal Law, Communications Law, Domestic Violence and Native American Law for Minnesota on
Q: Are charges possible 2 do on a incarcerated inmate with felony assaults,multiple domestics,terroristic threats&stalking?

The only contact was the inmates texter and phone calls. The inmate was told several times to stop calling and texting but has continued to do so with disrespectful remarks and unbelievable name calling along with telling other inmates that the person is a ratchet jail pass around then distributed... Read more »

William Bailey
William Bailey answered on Sep 1, 2020

It sounds like there is a possibility of charges for harassment, stalking, unwanted phone calls, etc. If you wanted to pursue charges the avenue would be to report it to police.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to put charges/ofp on someone who is already in jail by what they've text you from their jail texter?

If the person is in jail on 3 felonies in relation to domestic assault, stalking, & terroristic threats with multiple prior convictions in relation to the same felonies they're in jail with now in 2 other states...

Can someone press some kind of charges/ofp on them just from what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 1, 2020

An individual doesn't "put charges" on anyone. You can certainly report the matter to law enforcement. Whether this individual will be charged depends on whether there are any orders that prohibit contact such as a DANCO or an OFP. He could be charged if there are such orders... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: My dsughters abuser just violated his restrsining and order and was let out in 8 hrs with7 prior criminal offenses for d

He has 7 prior filings for domestic abuse from other people and has kidnapped

Were dismissed for some reason. Since my daughters exparte order he has popped the tires on the vehicle that drives my grand ac ughter to dsycare of my son in law and his fathers tires ,blocked my daughtets... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 14, 2020

I would suggest that your daughter contact the county attorney for the county where this occurred. That office should be able to answer your specific questions about why the suspect was released. It is impossible to know without more information what occurred here.

3 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: If you where ror and your conditions of release was 2 years probation. you miss your sentencing court what will happen

What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2020

You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2020

It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: I am trying to get a no contact order dropped. I am the “victim” in this case.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 17, 2020

Your best bet would be to submit a written request to cancel the no contact order. You will need to provide copies to the prosecutor and the defense attorney. It is no guarantee that the no contact order will be dismissed. Ultimately, that is a decision for the judge to make and will depend what... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: What do you do if your public defender is not doing his job? Do I have any options.

I am being charged with a first degree burglary crime. I was offered a plea agreement which would reduce the sentence to a second degree. I am from Minnesota and there are circumstances and information that has not been considered in this case. I believe that if the judge were aware of the... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 19, 2020

1. Redouble your efforts to communicate with him or her.

2. Failing that, talk to his or her supervisor about possible solutions.

3. Find money and hire a private, paid lawyer.

4. Push towards litigation and trial, rather than accepting any guilty plea bargain you are not certain about.

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1 Answer | Asked in Civil Rights and Domestic Violence for Minnesota on
Q: do i have a right to make someone leave my home ASAP? hes an ex who has moved out and back in several times demandingly

ive asked for an OFP but it was costly and the judge recommended working it out. the police say he can stay here and we have to work it out. he has never paid rent, no utilities and has Coherced me into spending most of my inheritance over the past 2 years in the amount of $40k. hes verbally... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 4, 2020

An OFP should not be costly. There is no filing fee for the petitioner and the court is required to grant the OFP if the court believes that there has been domestic abuse. I would suggest seeking an OFP to protect you. The OFP would exclude him from the residence.

1 Answer | Asked in Adoption, Domestic Violence and Family Law for Minnesota on
Q: Can I get emancipated at 16 if I’m emotionally and verbally abused by both sides of parents?

My step dad goes into blind rages and verbally and emotionally abused me and kicks me and my siblings out of the house, when I leave the house because I don’t feel safe which is legal in Minnesota they threaten to take away everything like my phone and car to get me to come back to where I... Read more »

Roger Adams
Roger Adams answered on Apr 30, 2020

First let me say how sorry I am for this difficult situation you are in, and you should seek assistance. As far as emancipation, Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in an abusive marriage and have a warrant, how can I get around. Going to jail? I cannot leave my home!

My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 22, 2020

You obviously have a couple of issues going on here.

One, is your warrant. I would suggest getting in touch with the Anoka County Public Defender. You are unemployed so you would obviously qualify for a PD. Explain the issue that you are dealing with and an attorney in the office may be...
Read more »

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: What is certificate of representation and parties and affidavit of service by u.s mail?

About domestic violence

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

The certificate of representation is a statement by an attorney that he or she is representing a party in a case. An affidavit of service by mail is a statement under oath that a party was served by mail with a document.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: If a ofp in minnesota is granted to one party but the judge agrees to rehear it is the order vacated from 1st hearing

So my ex wife and I both filed at the same time a ofp I was originally present we adjourned I didnt make it back for court to reconvene so per state law mine was dismissed and my exs was granted I filed a motion to have it rehearse and I refiled my original ofp the chief judge granted to hear my... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 23, 2020

The motion that you filed to rehear your request for an OFP would not address the issuance of her OFP against you. So to my knowledge, the OFP from the first hearing should still be in place. In any event, you would receive written notice if the original OFP was vacated or dismissed.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I pled down to a disordly conduct under the statue 609.72.1. Can I still buy a gun? If not can I get my rights restore

It was originally a Domestic Assault-Misdemeanor-Intentionally Inflicts/Attempts to Inflict Bodily Harm though was dismissed and then pled down to what I previously said in the beginning. I only admitted to Yelling at the victim in court which was part of the plea deal. Does it bar me from owning a... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 20, 2020

A person with a 609.72, subd. 1 (3) conviction does not lose their civil rights to firearms in Minnesota. If there is a problem, check the court's records directly to verify that the conviction is for Minnesota Statutes Sec. 609.72, subd. 1 (3) - exactly. If the court conviction record shows... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Yes can a person be added to a protection order during court without the respondent being properly notified or served

During the hearing I was late to court both me and my ex wife filed motions for protection hers only listed her three boys and her self where as mine listed me and our daughter, now my motion was dismissed due to not being on time but I'm refiling my motion of protection but after the hearing... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 17, 2020

You could certainly file a motion to reconsider the addition of your daughter to your ex-wife's order for protection. I doubt that you will have much success refiling your request for an OFP since you showed up late. The Court system is not set up to allow for successive requests for orders... Read more »

3 Answers | Asked in Domestic Violence for Minnesota on
Q: My friend lied to the police about a domestic assault and is turning herself in for it. What will happen to her?

Also will the assault case be dropped?

Mark Edward Arneson
Mark Edward Arneson answered on Mar 1, 2020

She will be facing a charge of filing a false police report. That charge is a gross misdemeanor in Minnesota. It is punishable by up to a year in jail and a $3000 fine. However, if this is a first offense for her, it would be highly unlikely she would serve any jail time.

Mark Arneson...
Read more »

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3 Answers | Asked in Constitutional Law, Domestic Violence, Federal Crimes and Native American Law for Minnesota on
Q: i was recently convicted of assaualt resulting in serious bodily injury in which there was,no statement by the vicvictim

pertaining i was the one that assaulted her and nor did she show to testifie in trial,in which i was still found guilty

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 15, 2020

There’s not really a question here but you should file an appeal if you believe that you were wrongfully convicted. I presume that the government had other evidence such as third party witnesses or out of court statements, but it’s impossible to weigh in on the conviction with the limited... Read more »

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: if i was woke up to my girlfriend yelling and throwing stuff

was woken to girlfriend yelling throwing my stuff. jumped up and grabed the back of her neck to retrive my phone before she threw it. then right away went and got dressed to leave as she called police. what can i do?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 10, 2020

You need to get an attorney on board ASAP. Police will likely be investigating you for an allegation of domestic assault. This is a serious offense that you should not handle on your own. You should have representation prior to making any statement to law enforcement.

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Q: How do you get a danco dropped or can you even? If you modify an ofp does that modify the danco as well?

By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.

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3 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Minnesota on
Q: I don't want to testify against my bf will I be in trouble if I don't ? Its a domestic assault type case

My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

You could be held in contempt and the judge could also issue a warrant for your arrest.

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