Minneapolis Domestic Violence Attorneys

Charged with Domestic Assault? Call Tamburino Law Group  

A domestic violence allegation can instantly turn your world upside down. In Minnesota, a simple argument that escalates to a call to 911 can result in immediate arrest, forced removal from your own home, and a strict court order preventing you from speaking to your family. Beyond the immediate chaos, a conviction for domestic assault carries severe criminal penalties, including mandatory jail time, steep fines, and a permanent criminal record that can destroy your career, housing options, and custody rights.

If you or a loved one has been accused of domestic abuse, you cannot afford to navigate the complex legal system alone. At Tamburino Law Group, we provide aggressive, strategic, and compassionate criminal defense representation to individuals facing domestic assault charges. Our firm will meticulously analyze your case, protect your constitutional rights, and fight tirelessly to achieve the best possible outcome. Since 1983, we have defended our clients in both state and federal courts across Minnesota.

Our Minneapolis domestic assault lawyers are available to review your case, discuss your options, and explain how we can help. Contact our firm at (612) 444-5020 for a free case review.

What Is Domestic Assault Under Minnesota Law?

According to Minnesota Statute § 609.2242, domestic assault occurs when an individual commits an act of violence or threatens violence against a family or household member. Family or household members may include:

• Current or former spouses
• Parents and children
• Individuals who share a child
• Current or former romantic partners
• Family members by blood or marriage
• Individuals who live together or previously lived together

A person may be charged with domestic assault if prosecutors believe they:

• Intentionally inflicted bodily harm on a family or household member
• Attempted to inflict bodily harm
• Caused another person to fear immediate bodily harm or death

The prosecution must prove every element of the offense beyond a reasonable doubt. An accusation alone does not mean a conviction is inevitable. An experienced Minneapolis domestic assault attorney can challenge the evidence and expose weaknesses in the prosecution's case.

Domestic Assault Charges & Penalties in MN

The penalties for domestic assault in Minnesota depend heavily on the defendant’s criminal history and whether a weapon or strangulation was involved. Minnesota employs an "enhancement" system, meaning penalties scale up drastically if you have prior "qualified domestic violence-related offense" convictions within the past ten years.

• Misdemeanor Domestic Assault: A first-time offense with no aggravating factors is a misdemeanor. Penalties include up to 90 days in jail and a fine of up to $1,000.
• Gross Misdemeanor Domestic Assault: If an individual commits a domestic assault within ten years of a previous domestic violence conviction, the charge is elevated to a gross misdemeanor. Penalties increase to up to one year in jail and a fine of up to $3,000.
• Felony Domestic Assault: If an individual has two or more prior domestic violence convictions within ten years, a subsequent offense is charged as a felony. This carries a mandatory minimum jail sentence and up to five years in state prison, along with a fine of up to $10,000.
• Domestic Assault by Strangulation: Under MN Statutes § 609.2247, intentionally impeding the normal breathing or blood circulation of a family or household member by applying pressure to the throat or neck is an automatic felony—even for a first-time offender. It carries up to three years in prison and a $5,000 fine.

We also assist those accused of related offenses, including:

• Aggravated assault
• Domestic abuse no-contact order (DANCO) violations
• Restraining order violations
• Kidnapping and false imprisonment
• Terroristic threats/threats of violence
• Interfering with a 911 call
• Dangerous weapon and firearm offenses
• Rape or sexual assault
• Domestic assault by strangulation
• Child abuse or endangerment

What Happens After a Domestic Assault Arrest?

If Minneapolis police respond to a domestic disturbance call and find probable cause that an assault occurred, they will make an arrest. Minnesota has a mandatory arrest policy for domestic abuse situations, meaning officers are legally directed to arrest the person they determine to be the "primary aggressor."

Following an arrest, you will be held in jail until you can be brought before a judge for your initial appearance—a protocol often referred to as the "36-hour rule" or "hold." At this hearing, the judge will set bail and establish conditions of release. Almost universally, the judge will issue an order prohibiting you from having any contact with the alleged victim.

Domestic Abuse No Contact Orders (DANCO)

A Domestic Abuse No Contact Order (DANCO) is a unique, highly restrictive court order issued in criminal proceedings. A DANCO explicitly prohibits the defendant from having any direct or indirect contact with the alleged victim, including phone calls, text messages, social media interaction, or communication through third parties.

Even if the alleged victim wants you to come home or wants to speak with you, you cannot violate the DANCO. If you do, you can be arrested immediately and charged with a separate criminal offense (Violation of a DANCO), which is a misdemeanor for a first offense but can quickly escalate to a felony. Only a judge can modify or lift a DANCO. Your Minneapolis domestic violence lawyer can petition the court to have the DANCO dropped or amended to allow for peaceful contact.

Legal Defenses to Domestic Assault Charges

Every domestic assault case is unique. The strongest defense strategy depends on the specific facts and evidence involved.

Common defenses may include:

• False Allegations: Unfortunately, false accusations occur during divorces, custody disputes, relationship conflicts, and emotionally charged situations.
• Self-Defense: Individuals have the legal right to protect themselves from harm. Evidence demonstrating self-defense may significantly weaken the prosecution's case.
• Defense of Others: A defendant may have acted to protect a child, family member, or another person from harm.
• Lack of Intent: The prosecution must establish the required mental state for conviction. Accidental conduct may not satisfy the elements of the offense.
• Insufficient Evidence: Many domestic assault cases rely heavily on witness testimony. Inconsistent statements, credibility issues, and lack of physical evidence can create reasonable doubt.
• Constitutional Violations: Evidence obtained through unlawful searches, seizures, or police misconduct may be subject to suppression.

Domestic Assault and Firearm Rights

One of the most devastating collateral consequences of a domestic violence conviction involves your Second Amendment rights. Under both Minnesota state law and federal law (the Lautenberg Amendment), any conviction for domestic assault—including a misdemeanor—results in a lifetime prohibition on possessing, owning, or carrying a firearm.

Furthermore, even if you are merely subject to a domestic abuse restraining order (OFP), your firearm rights can be suspended for the duration of that order. For avid hunters, sports shooters, or individuals employed in law enforcement, military, or private security, a domestic assault conviction can mean an immediate end to their livelihood and lifestyle. Securing an experienced attorney is vital to protecting these rights.

Frequently Asked Questions

Can the victim drop the domestic assault charges in Minnesota?

No. In Minnesota, the victim is considered a witness for the state, not the party bringing the lawsuit. Once the police make an arrest and the prosecutor files formal charges, only the prosecutor or the judge has the authority to dismiss the case.

What is the difference between an OFP, an HRO, and a DANCO?

• DANCO: Issued by a judge in a criminal case to protect a victim while criminal charges are pending.
• Order for Protection (OFP): A civil order requested by a family or household member alleging domestic abuse.
• Harassment Restraining Order (HRO): A civil order requested by an individual alleging repeated intrusive or frightening behavior, requiring no familial relationship.

Will I go to jail for a first-time domestic assault charge?

While jail time is possible for a misdemeanor, an experienced lawyer can often negotiate a resolution that avoids jail time for first-time offenders, such as a stay of adjudication, probation, or diversion programs combined with anger management counseling.

Can false domestic violence accusations be challenged?

Yes. Defense attorneys can investigate allegations, identify inconsistencies, and present evidence supporting innocence.

Can a domestic assault conviction be expunged?

Some criminal records may qualify for expungement under Minnesota law, depending on the circumstances.

How long does a domestic assault case take?

Case timelines vary based on complexity, court schedules, negotiations, and whether the matter proceeds to trial.

Should I speak with the police after an arrest?

Before making any statements, you should consult an experienced criminal defense attorney to protect your rights.

Call 24/7 to Request Your Free Consultation

Our Minneapolis domestic violence lawyers have 100 years of collective experience. We have achieved numerous accomplishments, including repeated mention in the Super Lawyers® list, an AV® Rating from Martindale-Hubbell®, and board certification from the Minnesota State Bar Board of Legal Specialization. We have handled hundreds of jury trials and continue to provide successful advocacy for clients facing difficult situations and serious criminal charges in the Twin Cities area.

Call Tamburino Law Group at (612) 444-5020 for a free case review today.