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Minnesota Domestic Violence Questions & Answers
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
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
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
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 »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: How long after a domestic assault can you pursue legal action?

My step father abused me continuously through my childhood, the worst time being when he strangled me with his hands. I had blocked a lot of these instances out, but now that I'm realizing the gravity of the situation I'm wondering if I can still press charges? Side note: he is a pastor so I feel a... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 19, 2018

There are statutes of limitations that might apply in terms of your step-father facing criminal charges so it depends on low long ago these events occurred. There are certainly other avenues to pursue other than criminal charges especially if you are concerned about the safety of parishioners at... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: If someone is in jail awaiting trial, what does it mean to be transferred to different jail facilities?
Thomas C Gallagher
Thomas C Gallagher answered on Mar 19, 2018

It generally means that was convenient for the authority holding the person, nothing more. Sometimes it can negatively affect the defense attorneys access to the defendant, if the distance is substantially more.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: Got charged with a domestic assault by strangulation 8 years ago got dropped to misdemeanor 5 years ago can i own a gun
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 22, 2018

It depends on the misdemeanor it was dropped to. If it was a disorderly conduct, you might have some chance of possessing a firearm. If it was a misdemeanor domestic, you are subject to a lifetime ban under federal law.

1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: My hsbnd thrtnd to rape me multi x 1 night and tried to brk thru the door. I moved out 30 days ltr. Is it 2 late 2 file?

A little more info: One day in late Sep 2017 my husband was very angry. He tried to break through the bedroom door that I locked and hid behind with my small dog. He threatened to rape me repeatedly, telling me that it was going to hurt. I was too afraid to call 911, but told him that I would call... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 20, 2018

It is not necessarily too late to file a police report. The offense you are describing is called a Terroristic Threats. The question is whether a prosecutor's office would charge out the offense five months later. That is an entirely different proposition.

1 Answer | Asked in Child Custody and Domestic Violence for Minnesota on
Q: If my ex is not allowed to Drink 24 hours prior to being around our child, how do I prove it when he breaks this rule?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 20, 2018

That would be difficult to prove. There are urine tests that can be used to determine if someone has previously consumed alcohol, even if they are not currently under the influence. The most common test is an ETG test. I am unaware whether these tests are available to general public or if they... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Ok so my ex bf now is in jail waiting his sentencing but the judge put a domestic restraing order on him can I see him

Ok so my ex and I got into a fight he went to jail and the judge said he has 6000 bail or ptr if he does the IDAP but the also included a domestic restraing order. Does this mean I can not talk to him or see him or does it only apply to him towards me ?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 19, 2018

You can talk to him, but he cannot respond or talk to you. If he does that is a violation of his conditions of release and in all likelihood a new crime. I would avoid him until that restriction is lifted. It is fraught with danger and you run the risk of placing him in more trouble than he is... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If the mother of the perpetrator contacts the victim and asks her to change the restraining order, is that a violation?

Daughter has an ex-parte harassment order against soon to be ex-husband in Minnesota for which she goes to court tomorrow for the hearing. Husband is in jail right now for violating the temporary order on Saturday, a felony violation. Her mother-in-law showed up at her house (our house) today... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 19, 2018

This is not a violation of the order unless the order prohibits the mother from contacting the soon-to-be ex-wife. Arguably, the soon-to-be ex-husband could be charged via third party contact. However, if he is in jail and the phone calls/visits are recorded, it should be clear whether he was... Read more »

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Q: Ex husband contesting OFP I filed on behalf of daughter. Do I need a lawyer for the hearing?

An OFP was requested against my ex husband as there is a pending dom assault charge against my 13 year old daughter. He is requesting a hearing to contest, he has a lawyer and character witnesses. I have had a guardian ad litem visit my home to talk with daughter, CPS visited my daughter at... Read more »

Luke Neuville
Luke Neuville answered on Jan 26, 2018

You’re not required to have a lawyer but I would recommend it. When your petitioning the court for an OFP you must prove that domestic abuse has occurred by a family or household member. When requesting an OFP on behalf of a minor child, you must show abuse against the child as well. It is... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Does the 3 year in between charges for domestic go by the arrest date or conviction date?

Arrested 12-24-14 for domestic, and again 1-8-18 but with a different victim, am I going to make the three year mark to keep it from becoming a gross misdemeanor or is it by conviction date?

Thomas C Gallagher
Thomas C Gallagher answered on Jan 14, 2018

I'm not sure I understand the question. If the question is: "when a criminal charge in Minnesota is normally a misdemeanor but can be enhanced to a gross misdemeanor if there is a similar prior with a time period stated in the statute, does that time period start with the date of the incident or... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Is it possible to get a tro against my son who is underage but physically abusive? He still lives at home.
Luke Neuville
Luke Neuville answered on Jan 12, 2018

Generally, yes, you can get a restraining order or order for protection if there is physical abuse. If the court grants your request, no contact with your residence could be included. If there is physical assault or more than one incident of intrusive or unwanted acts that have a substantial... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My bf is being charged with domestic assault due to false statement how do I fix this and get the charges dropped.

I was upset when the officer took my statement and I blew alot out of proportion. We are a happy family with a one month old and a 3 year old . My neighbor was the one who called the police and told them he put fear in me but he didn't I am not scared of him in any way. He's a great man and I just... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 14, 2017

The most effective way to overcome the stubborn refusal of prosecutors to dismiss a domestic assault charge is to retain a lawyer to represent the main prosecution witness (the victim of the prosecutor). This should be a criminal defense lawyer. Most will also represent witnesses in this... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Minnesota on
Q: I live in Wisconsin & my child custody case is also here . Can I retain an attorney from Minnesota ?

Also wondering if the attorney has to practice family law . A former classmate of mine is an attorney and I cannot afford one in Wisconsin

Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

You can hire any attorney who is licensed by the State of Wisconsin and in good standing. You can hire any other attorney so long as he or she is admitted pro hoc vice.

I question why you do not just ask your former classmate these questions. Attorneys have certain ethical requirements...
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1 Answer | Asked in Domestic Violence for Minnesota on
Q: I have a conviction for spousal battery from 1995, is it still on my record? if so, can it be removed?
Joseph A. Gangi
Joseph A. Gangi answered on Jul 24, 2017

You will need to petition for expungement. If your petition is successful, the records will be sealed, but not destroyed. The process is complicated so I suggest you work with an attorney familiar with these petitions.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am being charged with a domestic assault where nobody was touched, and the prosecutor is using my juvenile record

I am being charged with a domestic assault where nobody was touched, and my wife didn't even want to press charges. The prosecution is using charges from when I was a juvenile as his case to show I'm a violent person. These charges were from 1998 when I was 16, I am now 34. The charges as a... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Jul 24, 2017

These are great questions to ask your criminal defense attorney - get one as soon as you can.

1 Answer | Asked in Domestic Violence and Family Law for Minnesota on
Q: Can my sons father get a restraining order dropped its been in place for 6 months now and he didnt even respond.

He didnt even respond to the restraining order and now we are in custoday case in another county he filled in the restraining order is for me and my children. The custody judge said she could over rule it can she? And she told him ti go to my county and get order dropped can he?

Lucas Wynne
Lucas Wynne answered on May 26, 2017

Go to MNCourts.gov and find the "Affidavit and Order for Dismissal" form. Then, file it as instructed by the website.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: how long do you have to file a domestic report with the police? I am really torn on what to do because I am scared.

I did speak with police yesterday and they told me to let them know my decisions....

Lucas Wynne
Lucas Wynne answered on Mar 9, 2017

Trust me on this - if you are being abused, do it and don't look back. Get away from the abuser at whatever cost. Leave your stuff if behind if you have to, just get yourself out of there. Things will not get better by staying in the situation you are in. Lean on a family member or friend. If you... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: i was charged with assult 3 years ago now the person is admitting she made everything can charges be dropped

my whole life went from very normal to now im not sure from day to day of my fate in 2013 my daughter said i choked her i never would harm anyone, for sure not my child. i pled guilty to as i understood to get order of protection dropped and to go home after 3 days in jail i have never been in any... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Oct 13, 2016

Speak to a criminal defense attorney about filing a petition for post-conviction relief.

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