Skilled Representation For Domestic Violence Defense
Domestic violence is about so much more than a criminal charge. It is about your family and your ability to have a relationship with your children. If you have been accused of domestic violence, it is important to understand your rights and put an experienced attorney on your side.
At GROSHEK LAW PA in Minneapolis, our lawyers understand the effect that domestic violence charges can have on an entire family and how important it is to preserve those relationships. We take a caring, compassionate approach to these matters and will guide you toward an outcome that is best for everyone involved.
Experienced And Aggressive Protection Of Your Rights
Like any criminal case, it is important to know the collateral consequences of a criminal conviction for a violent crime charge. If convicted of domestic assault, you could lose your right to possess a firearm. Domestic violence cases often involve an array of facts and accusations. It is important to be able to sort through these accusations to get to the truth. As experienced criminal defense attorneys, we will stand up and fight for your rights.
Our founding attorney, Christa Groshek, has achieved many successful outcomes for our clients, including a not guilty verdict for a client accused of abusing his wife. During the trial, his wife admitted to still being in love with the client as well as admitting that she fabricated the domestic violence accusation to get back at him for cheating on her with another woman. These facts came to light as a result of our ability to prepare the case for trial and effectively question the witness.
Answers To Common Questions About Domestic Violence
If you have questions such as the following, contact attorney Groshek and request a consultation.
How can I clear my name when being falsely accused of domestic violence?
This can be difficult, but it is worth all your efforts to try. First, make sure you are respecting protective orders until those are lifted, even if you think they are unfair. Work closely with a defense attorney who can challenge the prosecutor to prove the charges against you while also taking steps to demonstrate that they are false. Share with your attorney all the evidence you have of your innocence or of the accuser’s poor credibility. Get contact information for witnesses whose testimony can strengthen your defense.
Once your name is cleared, consider filing a lawsuit alleging defamation by the accuser. A debunked accuser may also be guilty of a misdemeanor for filing false crime reports.
What are domestic violence charges in Minnesota?
In Minnesota, domestic violence charges encompass a range of offenses committed against family or household members. These can include:
- Domestic assault: Any act intended to cause fear of immediate bodily harm or death or any intentional infliction of bodily harm upon a family or household member.
- Violation of orders for protection: Breaching a court-issued order meant to protect someone from domestic abuse, harassment or contact.
- No-contact order violation: Disobeying a no contact order issued as a condition of pretrial release or sentencing.
- Criminal sexual conduct: Engaging in nonconsensual sexual contact or penetration with a family or household member.
- Malicious punishment of a child: Involves excessive or unreasonable physical punishment of a minor.
- Stalking or harassment: Engaging in a pattern of unwanted behavior that causes the victim to feel threatened or unsafe.
These charges carry varying degrees of severity and penalties, depending on the circumstances and prior criminal history of the accused.
Can a domestic violence charge be dropped?
Yes, a domestic violence charge can be dropped, but this decision is entirely up to the prosecutor, not the alleged victim. Most prosecutors will aggressively pursue a domestic violence charge if they think they have the evidence to win the case.
What is the process for a domestic violence charge?
The process for a domestic violence charge in Minnesota involves several steps:
- Arrest: Law enforcement may arrest a suspect based on probable cause of domestic violence.
- Arraignment: The accused appears before a judge to hear the charges and enter a plea.
- Pretrial hearings: The prosecution can see if they can negotiate an agreement.
- Building a defense strategy. This may include gathering evidence, interviewing witnesses, and possibly negotiating with prosecutors.
- Trial: If the case proceeds, both sides present evidence, witnesses testify, and a judge or jury decides guilt or innocence.
- Mitigating sentencing: If found guilty, factors like remorse, lack of prior offenses, and participation in rehabilitation programs may influence sentencing.
An experienced criminal defense attorney can assist throughout the process, making sure the law is followed correctly and each defendant’s rights are protected.
What are the penalties for a domestic abuse charge in Minnesota?
Factors distinguishing felonies from misdemeanors may affect the outcome of a domestic violence conviction, such as:
- Whether it is a first-time offense or there have been prior similar convictions
- Whether bodily harm occurred and/or the use of weapons was involved
- Whether offenses such as attempted strangulation and/or terroristic threats were part of the case
Depending on the unique facts of a conviction, penalties may include one or more of the following:
- Jail or prison time
- Mandatory psychological treatment
- Loss of the right to possess a firearm
- Probation with a community service requirement
Other consequences beyond criminal penalties may include negative employment consequences, the loss of a professional license, and family law challenges related to the custody of children.
Protect Your Rights – Protect Your Family
If you or a loved one has been charged with domestic violence, contact GROSHEK LAW PA to schedule a confidential consultation with a domestic violence defense attorney. Call 612-426-7047 or send us an email.
