While domestic assault has become rather common within society, there are also a lot of exaggerated or false accusations that are brought against individuals. This is especially true when these individuals are involved in divorces, child custody arguments, or other such family-related legal matters. Sometimes accusations can be the result of a vendetta.
Fortunately, you have access to a Minneapolis domestic assault attorney who knows how to get to the bottom of matters. Even if the assault did occur, it could be a first time offense or a complete misunderstanding. You deserve an aggressive defense no matter the reasons behind the charges against you.
What Is Domestic Assault?
You may be wondering exactly what domestic assault is, as it has been defined in many ways throughout the years. The primary definition, however, is a family member who inflicts harm or instills fear into another family member.
A family member can be considered a child, spouse, or another relative living within the home. Assault is also considered “domestic” if the assault happens between two people who share a child, whether the couple lives together or not. The act can also consist of criminal sexual conduct committed by a family member.
Minnesota Domestic Abuse Act
Minnesota has the “Domestic Abuse Act,” which states that if an act of domestic abuse occurs, a person can receive an Order for Protection, or OFP. A petition may be made by a guardian on behalf of the minor or any adult over 25 years of age. If there is an immediate threat of danger or violence, the court will grant a temporary order. You can speak to your Minnesota domestic assault lawyer about how this works so that you can receive protection. If you are someone who has had an order issued against you, you can fight it at the evidentiary hearing.
At the evidentiary hearing, you and your attorney are given the opportunity to prove that the abusive act did not occur.
If a protection order is violated, there is a fine of up to $1,000 and 90 days in jail. Police officers may arrest offenders immediately and take them to jail. The violation is also considered contempt of court. If a person repeatedly violates the Order for Protection, the end result could be a felony conviction with a $10,000 fine and imprisonment.
Contact A Minneapolis Domestic Assault Lawyer
Being accused of domestic assault is a very serious accusation in that it can hurt your reputation and also keep you away from the ones that you love, especially when a protection or restraining order may be in place. If you have had to deal with this accusation, you need to have a knowledgeable attorney working for you from the moment you call the firm until the case has reached its conclusion. Call the Kirk Anderson Law Firm at 612-332-3100 to schedule your free consultation.