Domestic Assault cases are some of the most difficult and emotional cases. These cases are passionately charged and aggressively pursued by the State. Prosecutors avoid plea deals because of political pressure. If a plea offer is given, collateral consequences, such as firearm loss or loss of a professional license, make it a challenge to reach an agreement.
Despite the difficulties of a domestic assault case, there are opportunities to set yourself apart from the expectations of the judge or prosecutor. What can you do to help your case even if you are innocent? See below for tips on handling a domestic assault charge.
1. Chemical use is a common factor in why people are in court. Prosecutors and judges are sensitive to whether chemicals were a contributing factor in a case. Because of this, I always recommend scheduling a chemical use assessment. If a plea agreement is offered or even if the State agrees to dismiss the charges, they will insist that a chemical use assessment has been completed. The hope is that by having this assessment completed, law enforcement will not be involved in another domestic incident.
2. If an agreement is reached, the State may request an anger management assessment or a domestic violence inventory. By taking control of your case and being proactive, the recommendations are limited rather than being forced because of court action. Taking the initiative in your case can be the difference between a conviction 0r a favorable outcome.
3. Be aware of your conditions of release, which include a no-contact order, or a stronger version called a Domestic Abuse No Contact Order, or DANCO for short. If you violate your conditions of release, you can be arrested, your bail will be raised, or conditional bail will be rescinded, with the option of only paying unconditional bail. If you violate a DANCO, you can be charged with a new crime. A DANCO is a one-way street. This means the alleged victim in your case can contact you, but you cannot contact them.
4. It is common that once charges are filed and law enforcement is involved that the alleged victim recants their story. It is important that your attorney or an investigator talks to the alleged victim in the case early on and gets a version of the facts that actually took place. Additionally, while they are talking to the alleged victim, it is not uncommon for the alleged victim to request the DANCO or no contact order be dropped. The prosecutor will typically object to this request as they are concerned that their criminal case will be severely damaged. However, allowing contact helps you return to a more normal life. Finally, your attorney should draft an affidavit or a sworn statement for the alleged victim to sign. This statement can be used in court to either have the conditions of release modified or provide an accurate description of the incident.
5. Hire a Lawyer — Immediately
One of the most important steps you can take if you’re charged with domestic assault is to hire a lawyer right away. Many people make the mistake of thinking they can handle things on their own or that everything will work out if they just tell their side of the story. That’s not how the criminal justice system works.
The legal system in Minnesota—and in the United States more broadly—is adversarial. This means the prosecutor and the defense attorney are not working together to find a fair middle ground. The prosecutor represents the State and will be working hard to convict you. That’s their job. You need someone whose job is to protect your rights and fight for your interests.
Domestic assault charges are particularly serious because they carry a long-lasting social and legal stigma. Even if you’re never convicted, simply being charged can affect your reputation, job prospects, relationships, and even your ability to own a firearm or see your children. These cases often move quickly, and early decisions—like whether to talk to police or whether to agree to a no-contact order—can have major consequences down the line.
Hiring a lawyer early in the process allows them to take immediate steps to protect you. A good attorney can:
Evaluate the strength of the case against you
Help you understand your rights and your options
Challenge weak or biased evidence
Negotiate with prosecutors from a position of strength
Develop a strategy to minimize or avoid long-term consequences
In short, don’t wait. The sooner you have someone in your corner, the better your chances of navigating the system and coming out with the best possible result.
None of these five tips alone may be the magic bullet to get your case dismissed. The expectation is that each one will increase the possibility of getting the case dismissed and ultimately help you get the best result in the end.
Domestic Assault cases are hard, and a pending case creates a situation where you are living life in limbo. You will want a knowledgeable and experienced attorney whom you can trust and who can help you trust the process.
