When you get arrested for domestic violence in Minnesota, you will be taken into custody immediately, booked at the local jail, and held until a bail hearing or first appearance. Minnesota has a mandatory arrest policy for domestic violence calls, meaning officers must arrest someone if they have probable cause of domestic abuse, regardless of the victim’s wishes. You’ll face criminal charges, which can include misdemeanor or felony domestic assault, violation of protective orders, or related offenses, with penalties ranging from fines and probation to up to 10 years in prison for felony domestic assault.
Understanding your rights, the importance of hiring an experienced Minnesota criminal defense attorney, and the typical timeline of domestic violence cases in Minnesota courts is essential for anyone facing these serious charges. This is true whether you believe you committed a crime or you were falsely accused of domestic violence.
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What Happens Immediately After You Get Arrested for Domestic Violence in Minnesota?
Getting arrested for domestic violence in Minnesota sets off a fast-moving and serious legal process. The moment you are taken into custody, standard arrest procedures begin.
- You will be photographed and fingerprinted.
- Officers will collect your personal details and run a background check.
- You’ll be held in custody, often until your initial court appearance (usually the next day).
Police will interview witnesses, gather evidence, and write an official report. The report is then passed to the prosecutor’s office, where a decision is made on whether to file formal charges. In domestic violence cases, prosecutors can press charges even if the alleged victim doesn’t want to.
Do You Have to Stay in Jail If You’re Arrested for Domestic Violence?
In many Minnesota domestic assault cases, suspects are held for at least 36 hours before being eligible for release. That “cooling-off” period is built into Minnesota law. Bail may be set, but a judge must also consider public safety and whether to issue a Domestic Abuse No Contact Order (DANCO). Violating this order can result in additional criminal charges, even if the alleged victim initiates contact.
First Court Appearance: Arraignment
Your arraignment will take place within a few days of the arrest, often while you’re still in custody. This is where you’ll:
- Hear the formal charges against you
- Learn about your legal rights
- Enter a plea: guilty, not guilty, or no contest
- Hear the conditions of your release, if applicable
If you plead not guilty, the court will schedule a pretrial conference and possibly a Rasmussen hearing to examine any disputes over how evidence was collected.
What Is a Rasmussen Hearing?
In Minnesota, a Rasmussen hearing occurs when your domestic violence defense attorney challenges the admissibility of certain evidence. If police violated your constitutional rights—for example, through an illegal search or seizure—this is where your lawyer can ask the court to suppress that evidence. These hearings are often critical in domestic violence cases, especially when body cam footage, 911 calls, or witness statements are involved.
What If the Alleged Victim Doesn’t Want to Press Charges for Domestic Violence?
A common misconception is that the alleged victim in a domestic violence case can “drop the charges.” In Minnesota, that’s not how it works. Domestic violence charges are brought by the state, not the individual. Even if the victim recants or refuses to testify, prosecutors can move forward using police reports, photographs, medical records, and witness testimony.
In some cases, prosecutors may subpoena the alleged victim to testify. Even if the victim doesn’t show up to the trial, you may still face charges if the state has strong evidence.
Trial: Bench vs. Jury
As someone who’s been arrested for domestic violence, you have a right to a trial by jury, but some defendants opt for a bench trial (a trial before a judge only). In a domestic violence case, the choice depends on strategy, evidence, and potential jury bias. Your defense attorney will help you decide the best path.
In a jury trial:
- Six jurors (in misdemeanor cases) or twelve (in felonies) decide the verdict.
- The decision must be unanimous.
In a bench trial:
- The judge alone decides guilt or innocence.
- These are sometimes preferred in cases with complex legal arguments and little emotional testimony.
What Is Domestic Violence?
Minnesota domestic assault statutes define domestic violence as intentionally causing or attempting to cause bodily injury to a family or household member. Domestic violence isn’t limited to physical assault, however. Intentionally subjecting a family or household member to fear of bodily injury or death also qualifies as domestic violence. It also includes physical assault, sexual assault, intimidation, and emotional abuse. In some cases, addiction makes a loved one dangerous, increasing the risk for violent behavior.
Minnesota domestic assault statutes recognize the following as family or household members:
- Children
- Parents
- Current and former spouses
- Current and former roommates
- A person with whom you have blood or marital relationship
- A person with whom you have a romantic or sexual relationship
- A pregnant woman and the alleged father of the unborn child
What Are the Penalties for Assault or Domestic Violence?
Under Minnesota law, domestic assault or violence is generally a misdemeanor or gross misdemeanor offense. It can, however, be elevated to a felony if certain aggravating factors exist in the case.
Misdemeanor and Gross Misdemeanor Penalties
A misdemeanor domestic violence conviction carries up to 3 months in prison and up to $1,000 in fines, or both. A misdemeanor domestic violence offense becomes a gross misdemeanor if you have a prior domestic violence conviction within the last 10 years. A gross misdemeanor domestic violence conviction carries up to a year in prison or up to $3,000 in fines, or both.
Felony Penalties
You might face domestic violence felony charges if the following aggravating circumstances exist in your case:
Prior convictions
You will face felony charges if you have two previous domestic violence convictions within the last ten years. In this case, a conviction can carry a prison sentence of up to five years.
Bodily Harm or Weapons
Prosecutors usually charge a domestic violence offense that causes significant bodily harm or involves use of weapons as a felony. Domestic violence that causes significant bodily harm attracts a prison time of up to five years. The punishment for domestic violence that involves the use of a dangerous weapon is up to 10 years in prison.
Death
Prosecutors charge domestic assault or violence incident that causes the death of the alleged victim as a felony. In this case, the defendant might face murder charges in the first or second degree. A conviction of a first- or second-degree murder can lead to life imprisonment.
Can You Expunge a Domestic Violence Arrest in Minnesota?
In some cases, yes—but it’s limited. If your case was dismissed, or you were found not guilty, you may be eligible for expungement. Convictions, especially felonies, are much harder to expunge. Minnesota law allows for expungement of certain misdemeanor and gross misdemeanor convictions after a waiting period—usually 2 to 4 years for misdemeanors, and 5 to 8 years for gross misdemeanors or felonies.
How an Attorney Can Help
Facing a domestic violence charge is overwhelming. An experienced criminal defense lawyer can:
- Represent you at arraignment and all court hearings
- File motions to suppress illegally obtained evidence
- Negotiate plea deals or reduced charges
- Represent you at trial or pursue case dismissal
Domestic violence laws in Minnesota are strict and often unforgiving. Early legal intervention is your best chance at minimizing damage to your future.
Getting arrested for domestic violence in Minnesota launches a complex legal journey. Every step—from arrest and arraignment to trial or plea deal—carries serious consequences. A criminal conviction can affect your employment, custody rights, housing, and reputation for years to come.
If you’ve been arrested, don’t try to navigate the system alone. Contact a criminal defense attorney immediately to protect your rights and fight the charges. Call Keller Criminal Defense Attorneys at 952-913-1421.
