Minnesota Domestic Violence Laws

Violent crimes are an unfortunate part of our world. Domestic violence crimes take the trauma one step further by involving the people we’re supposed to be able to trust. Minnesota law has both protections and penalties in place for those caught up in domestic abuse offenses. These are designed to break the vicious cycle of abuse and violence that makes up family violence crimes.

While we all hope that domestic violence never touches our lives, it’s a good idea to understand how Minnesota law handles domestic abuse. In this article, we’ll highlight key statutes, identify and explain the protections available, and make clear the criminal charges and punishments awaiting abusers.

Read on to increase your awareness and comprehension of domestic violence laws in Minnesota.

Minnesota Domestic Violence Laws: What Is Domestic Violence?

There’s no such thing as a violent crime that’s good, but domestic violence crimes can be heartbreaking and alter lives. In the Domestic Abuse Act, the state of Minnesota identified a subset of certain crimes considered to be domestic violence offenses when specific people are involved.

The transgressions are about power and control. They utilize different types of mistreatment that include physical abuse, emotional abuse, sexual abuse, coercion, neglect, and financial control. Minnesota considers the following to be domestic violence when inflicted on certain people:

• The infliction of fear of imminent physical harm, bodily injury, or assault
• Physical harm, bodily injury, or assault
• Sexual extortion
• Criminal sexual conduct
• Terroristic threats
• Interference with an emergency call

Penalties depend on the crime committed. For example, simple assault can be charged as misdemeanor domestic assault. Being classified as a domestic violence offense makes certain protections available for the victim.

Minnesota Domestic Violence Laws: Which People Are Eligible?

The word domestic relates to a home, so it makes sense that most domestic violence offenses happen between family members. For Minnesota law to consider a crime as domestic violence, anyone involved must be at least one of these:

• Spouses
• Former spouses
• Parents
• Children
• Family related by blood (consanguinity)
• Persons residing together or who have resided together in the past
• Persons who have a child in common
• Parents of a child in utero
• Persons involved in a significant romantic or sexual relationship (subject to eligibility by court)

If either the victim or the abuser doesn’t qualify for the offense to be considered domestic violence, it’s still a crime. The lack of a domestic violence classification makes it unlikely the offender will face mandatory batterer’s intervention programs or an order for protection.

For a deeper dive into how Minnesota law affects families in toxic situations, take a look at FindLaw’s Minnesota Family Law on Domestic Violence article.

Minnesota Domestic Violence Laws: Types of Protections Available and How They Work

The state of Minnesota has provisions in place to help victims both escape a domestic violence situation and remain safe from their abuser. The first and foremost of these is the Order for Protection (OFP).

Minnesota Domestic Violence Orders of Protection (OFP)

An OFP contains requirements that the court must enforce against the abuser, also known as the respondent. They are tailored to fit each domestic violence case with specific conditions. These include the abuser:

• Not abusing you or your children
• Surrendering firearms for the time that the order is in effect
• Being removed from the home that you shared and staying away
• Not selling, damaging, or disposing of shared property
• Paying temporary spousal support and/or child support
• Staying away from your workplace
• Obeying a domestic abuse no-contact order
• Keeping you on any insurance coverage you’re on
• Giving you custody of any shared pets and doing them no harm
• Accepting conditions on the temporary custody of your children
• Attending counseling or other social services
• Participating in treatment or counseling services
• Ceding temporary possession of property that you share, such as a car
• Paying restitution to the victim
• Anything else the court deems necessary for the safety of the victim

Victims file for an OFP by filling out forms available through the Minnesota Judiciary. If the alleged victim, or petitioner, feels they are in imminent danger from their abuser, they can file for an ex parte OFP. This is an emergency order issued without the judge speaking with the respondent, who will be served by law enforcement.

Minnesota‘s ex parte OFPs are a little different from those in other states, most of which consider them temporary and short. If the respondent chooses not to contest the ex parte OFP, it becomes a final OFP without a case hearing and is effective for up to two years.

If the respondent objects to the ex parte OFP, a case hearing is scheduled within 10 days of the alleged abuser’s request. Both sides will present their arguments. They can offer evidence and get testimony from witnesses. If the court sides with the petitioner, the new OFP goes into effect for up to two years.

Previous OFPs affect how long the new OFP can be extended. Multiple OFPs, violations, or past domestic violence-related offenses allow the final OFP to be as long as 50 years.

Minnesota Harassment Restraining Orders (HRO)

When petitioning for an OFP, the court may rule that the relationship doesn’t qualify as domestic violence. Minnesota offers a Harassment Restraining Order (HRO) for such cases. HROs are available for victims of:

• Nonconsensual dissemination of private intimate images (single incident)
• Sexual assault (single incident)
• Physical assault/bodily harm (single incident)
• Stalking (using personal information to encourage a third party to engage in a sexual act with the victim) (single incident)
• Unwanted or intrusive gestures, acts, or words (repeated incidents)
• Attending public events because the victim is going to be there (repeated incidents)
• Targeted residential picketing

HROs operate much the same way OFPs do. They are also available ex parte and, if unopposed, can last up to two years.

Protection Order Violation Penalties

Once either an OFP or an HRO has been finalized, it can only be modified through a court hearing. Violations of protection orders carry separate penalties in addition to those for other crimes committed.

The first violation of an OFP is both a misdemeanor and contempt of court. Offenders face between three and 180 days in jail, required completion of a court-approved domestic violence program, and a fine of up to $250. HROs don’t carry a contempt of court charge but can impose more severe penalties.

A second violation within 10 years of the conviction is a gross misdemeanor carrying punishments of at least 10 days in jail and completion of a court-approved domestic violence (DV) program. A third violation or any violation with a deadly weapon is a felony with between 30 days and five years in prison, a required DV program, and a fine of up to $10,000.

HRO violations follow the same basic structure: a misdemeanor for a first offense; a gross misdemeanor for a second violation within 10 years of the conviction; and a felony charge for a third offense, the involvement of a dangerous weapon, a hate/discrimination crime, or judicial tampering.

Other Minnesota Domestic Violence Protections

Safe at Home is Minnesota‘s address confidentiality program. Domestic violence victims use a PO Box as a legal address to keep their location hidden from their abuser. Mail will be forwarded from the PO Box to their actual address.

Thanks to the Violence Against Women Act (VAWA), OFPs and HROs issued in Minnesota are legal in any U.S. state or territory under federal law. VAWA offers extra protections for those in federal housing. Make sure you keep a copy of your protection order with you when you travel.

Minnesota Domestic Violence Laws: Additional Resources

• Violence-Free Minnesota
• National Domestic Violence Hotline (800.799.7233)
• Minnesota Domestic Abuse Resources – Minnesota Attorney General
• Getting Help With Domestic Violence
• Domestic Violence: Help and Organizations
• Minnesota Family Law on Domestic Violence

Dealing With Domestic Violence in Minnesota? Speak With an Attorney

Domestic violence destroys everything it touches. It can feel like an endless nightmare for domestic crime victims, but Minnesota wants to help. In addition to making use of the protections discussed above, consider speaking with a Minnesota domestic violence attorney familiar with family court and domestic violence charges. They can help you be safe, plot your next moves, and even represent you if you want to sue your abuser.

A domestic assault conviction can haunt you for the rest of your life. If you or a loved one has been charged with domestic assault charges, contact an experienced Minnesota criminal defense attorney. Their legal advice can explain your legal rights and help you identify your best options against domestic assault charges and other forms of domestic violence.