Legal Question in Criminal Law in Minnesota
dad-to-be hurting me, pregnant
My ex & I recently found out we are to be parents... we fought last night and it turned into more of a hurting me session and I'm concerned for myself and my baby, I am 2-3 months. He was aggressive and already today I have found 4-5 big bruises on myself from him grabbing me and pushing me. What are my rights as a person and a mom-to-be? When is it too late to report his behavior? If I reported something like that, would he still have rights to his child? Would I still have rights to him paying child support?
1 Answer from Attorneys
Re: dad-to-be hurting me, pregnant
Your question touches upon both criminal law and family law topics. As a criminal defense lawyer, I can tell you that in our Minnesota society, intentional hitting without lawful justification is generally a crime -- assault, or other crime(s). What are your rights? They would include the right to tell him that he is longer welcome to see you or contact you. Then, refuse calls from him. Refuse to see him. Do not initiate contact. Perhaps that would be enough? I don't know the circumstances. You do.
In my personal opinion physical abuse and intimidation is unacceptable in a relationship. In my personal opinion if a man is hitting a woman (or the other way around), the person being hit should immediately end the relationship. The only exception would be, in appropriate cases, where abuse was not severe only if the abusive person agrees to enter into counseling, an anger-management program, or the like, and completes it.
You could report his assault of you to the local police (dial "911"). You could also seek an "Order for Protection" from your local family court, which would restrain him from contacting you upon pain of arrest and possible criminal conviction. You would not need a lawyer for this, though you have the right to have one. These would be serious steps, so it's up to you whether you feel you need these to be safe.
Even though I'm not a family-law attorney, I can tell you that whether you ask the police to initiate criminal assault charges against him, or get a domestic abuse "Order for Protection" against him that these will not affect your right to force him to pay child support if he is the father. They could potentially affect his rights to parenting time with the child -- depending upon circumstances.
I would encourage you to consult a family-law lawyer about this.
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