COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.
Start With Your Free Consultation 612.444.5020

What Constitutes Domestic Assault?

Those who have been charged with domestic assault have much on the line. It’s important to know how to defend your rights in this situation.

Below, our Minneapolis defense attorneys discuss what constitutes domestic assault in Minnesota.

Domestic Assault in Minnesota

In the state of Minnesota, it is unlawful to purposefully cause physical harm or prompt fear of physical harm or death to someone in your family or household.

Household or family members include the following:

  • Parents and children
  • Blood relatives
  • Former and current spouses
  • Former and current co-habitants
  • People that have a child together (no matter your marriage or co-habitation standing)
  • A man and woman if the woman is pregnant and the man is the alleged father (no matter your marriage or co-habitation standing)
  • Those involved in a significant romantic or sexual partnership

Penalties for Domestic Assault in Minnesota

In Minnesota, domestic assault charges can range from misdemeanor offenses up to felony level offenses. Much of this will depend on the alleged assaulter’s criminal history as well as the particular facts of the present case. Consequences can range from jail to prison time, fines, court ordered extensive therapy, and no contact directives. Collateral consequences may include loss of gun and voting rights, conviction affecting employment and housing, as well as the ability to volunteer in certain settings.

Domestic Violence and Firearms

Anyone who commits the following crimes against a family or household member while using a firearm they own must forfeit their gun:

  • Domestic assault by strangulation
  • Assault in the first- to fifth-degree

Should the person possess a firearm while prohibited, they could be charged with a new offense and face serious consequences. Additionally, due to possessing a firearm while prohibited, they could violate their probationary term and face consequences on the original case.

Orders of Protection

Those who have experienced domestic assault may decide to pursue a protective order, or restraining order, that requires the alleged abuser to stay a certain distance away from the filer for at least one year. This order may be extended.

Those who wish to obtain a protective order will need to file a sworn affidavit regarding the particular circumstances that have caused them to require such an order. In addition, a hearing will need to be scheduled within 14 days of the filed affidavit.

We’re Here to Help

If you are facing allegations of domestic assault, your future is on the line. During this time, you need the assistance of an experienced defense team who knows how to fight for your rights.

Contact us Caplan & Tamburino Law Firm, P.A. today at (612) 444-5020 to schedule a consultation with our team.


What Our Clients Are Saying

  • “I can’t say enough about him— he has made a great difference in the life of his client (and, by large extension, my life as well). ” - Anonymous
  • “ Today I had a court appearance where your attorney, LIS CARLSON represented me. I must start at the beginning, MS. CARLSON returned my phone call to her with in an hour of my first call to your office. I was overwhelmed with gratitude for the quick response to my call & most important how LIS immediately made me feel, she was professional, caring, her ability to immediately know that I was a total mess. Before she finished with my call she made sure that I was alright, her compassion for me was extremely needed. I immediately felt there couldn’t be a better attorney in the state better than LIS! Throughout this entire process, Lis was a pillar of strength. I was amazed at how she handled everything with extreme care & some very excellent, professional legal skills. I count my blessings but I count them twice when I came to LIS. The world needs more people like LIS, smart, intelligent, kind and caring.” - P.G.
  • “WOW. Thank you for your fine work, sir. I am elated. Thank you, Thank you, Thank you!!! ” - J. E.
  • “ Kayla Wengronowitz was my attorney in a claim against me involving Title IX and won my difficult and extensive case. She was a beacon of hope to me when my options seemed very limited. Kayla provided clarity for me to understand everything happening in the case, she made smart and calculated decisions, she made sure I was comfortable with every decision she made, and she responded to difficult situations seemingly with ease. Most importantly, Kayla was empathetic and provided comfort throughout the strenuous process. I am extremely grateful for her service and highly recommend her without reservation.” - Anonymous
  • “She always updates us with new information about the case, and most importantly she is always available, reachable and approachable. ” - M.M.
View More Testimonials

Don't Wait To Request Your Free Consultation

We take calls at any time of the day or night, so please don’t wait to find out how we can assist you. During your first meeting, we'll evaluate your case and determine if we are the right fit for you.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please make a selection.
  • Please enter a message.