Domestic Abuse Attorney in Shakopee, Minnesota Including Scott County, Carver County and Dakota County
If you have been been the victim of domestic violence, or stand accused of committing an act of abuse upon a family member, it is impotant that you act quickly to protect yourself. Mr. Peterson is an experienced Minneapolis domestic abuse attorney that can help you; whether you are a victim or the accused.
Definition of Domestic Abuse
Minnesota statutes define “domestic abuse” as:
- Physical harm or fear inflicted by a family member; or
- Criminal sexual conduct committed by a family member.
A “family member” is rather broadly defined to include spouses, children, relatives living in your home, cohabitants and parties with a child in common.
Minnesota’s Domestic Abuse Act
Should an act of domestic abuse occur, the victim may seek relief under the Minnesota Domestic Abuse Act and obtain an Order for Protection (OFP). A petition may be made on behalf of a minor by a guardian or other reputable adult over the age of 25. If there is a threat of immediate and present danger of domestic abuse, a court will grant a temporary order for protection.
Temporary Order and Evidentiary Hearing
Once a temporary order is granted, a full hearing on the petition for the order of protection takes place. The alleged abuser is entitled to an evidentiary hearing to prove that acts of domestic abuse did not occur.
Violation of an Order for Protection
Violation of the OFP is a misdemeanor, punishable by imprisonment for up to 90 days, a fine up to $1,000, or both. Police officers may arrest offenders and take them into custody. The violation also constitutes contempt of court. Repeated violations can result in a felony conviction with long-term imprisonment and a fine of up to $10,000.