Domestic violence charges can range from misdemeanors to felonies, with severe penalties. When you face domestic violence charges, you may feel overwhelmed or unsure of handling the next steps.
Understanding how Minnesota handles domestic violence may help.
1. Domestic violence only includes physical assault
While domestic violence can include physical assault, it does not have to. If a person alleges that you harassed, stalked or verbally threatened him or her, this may count as domestic violence. Domestic violence includes any harassment or threats that gives a person reasonable fear of harm.
2. Officers can only arrest with a warrant
Warrants are essential in various aspects of the criminal justice system; however, many people believe that officers cannot arrest them for DV if they have no warrant. Peace officers can make a warrantless arrest if he or she has probable cause to believe you committed domestic abuse within the last 72 hours. He or she does not need to see the violence occur to make the arrest.
3. Only the accuser can ask for an order to prevent communication
Many people believe that the alleged victim has the power to file or withdraw a restraining order. However, the judge can order your release under various circumstances if an officer arrests you. For instance, he or she may enact a no-contact order, direct you to vacate your home, prohibit you from possessing a firearm or consuming alcohol. The court can order any requirements it deems necessary at your release. During your release hearing, the court must determine whether you pose a threat to others or may not appear in court.
You need to know how to take an offensive position in fighting for yourself to defend yourself. Understanding your rights as the defendant can help you navigate a criminal trial.
