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Minnesota Domestic Violence Questions & Answers
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 danco to... 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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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to have a disorderly conduct charge dropped and/or ensure that this doesn’t show up on background checks?

I’m being charged w/disorderly conduct as a result of my fiancée calling/lying to police during a bad argument. He told the officer that I hit him during this, when I did no such thing. In my struggle to get away from him (I was pinned up against a wall) the most I did was yell loudly for my... Read more »

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

There is a chance to get the charged dismissed or keep it off of your record. The way to accomplish this is by hiring an experienced criminal defense attorney. An attorney can work to minimize or perhaps completely avoid any consequences for the allegations that have been made against you.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Can I do jail time in a chips case?

They want to terminate my parental rights because they say my home is unsafe for my children whom don’t live in the home only visits.

Rumors of domestic violence.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 23, 2019

No. A CHIPS case doesn’t carry potential jail time.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: How the new 'changes' would effect domestic violence victims?

Trump administration quietly changes definition of "domestic violence" and "sexual assault"

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 23, 2019

This is an incredibly broad question and impossible to answer absent more specificity.

1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: Restraining order Question:Father not allowed to contact petitioner (exwife/mother of child) except about parenting time

Or health of the child. What is included in this? Is asking who is gonna pick up my daughter or where someone will meet me to get her something that would be allowed to be asked or could I be arrested for that?

Seems like a very vague wording.

"Except as follows "emails or text... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 19, 2019

In my mind, discussing pick up and drop off would fall under discussing parenting time. But you certainly should not meet her or have any contact with her outside of the OFP. You should not argue with her. You should not even respond to contact that addresses issues outside of the OFP.

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
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
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
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
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
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
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
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
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
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
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
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
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 »

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