In Minnesota, domestic abuse is defined to include the following types of physical or sexual abuse:
- physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, between family or household members;
- terroristic threats or criminal sexual conduct committed against a family or household member by a family or household member;
- interreference with an emergency call; or
- intrafamilial sexual abuse committed against a minor family or household member by an adult family or household member.
A verbal threat, depending on the words and circumstances, can provide the basis for a protective order. Additionally, the court can take into consideration all relevant circumstances surrounding the abuse.
Tuft, Lach, Jerabek, & O’Connell, PLLC understands and recognizes that there are many types of abuse that are not specifically recognized by the statute, including emotional and financial abuse and coercive control dynamics. Although these types of abuse do not allow a person to obtain protective order, they are still relevant to any divorce or custody proceeding.
A separate statute allows for a victim of harassment to obtain a court order prohibiting further harassment if no domestic abuse has occurred.
For more information contact Tuft, Lach, Jerabek & O’Connell, PLLC at 651-771-0050 to schedule a consultation with one of our experienced family law attorneys.
