Legal Question in Criminal Law in Minnesota

Needing help. My husband was arrested about 5 days ago due to me calling the police to mediate an marriage dispute, where items were thrown around by both parties and both getting struck by these items NOT INTENTIONAL... we have no history of this but they arrested him and he is facing 5th degree domestic assault-misdemeanor. As part of his bail 3 days ago they issued no contact. We have a child and are pregnant witbh another, this is not what I want. I was not in fear I didn't even call 911 I called locally and asked if they would come mediate. He has court in 5 days and I want the no contact dropped, we are a family. I am not recanting my story I told the police nothing was intentional and the object I threw struck him long before I was struck by anything. The victims advocate and prostectur both know how I feel about the no contact order being dropped. What are my chances of doing that if I plan to address the court in 5 days???


Asked on 9/27/12, 8:03 am

2 Answers from Attorneys
Nathan Hansen Nathan M. Hansen, Attorney at Law

You and your husband should both have lawyers and consult them. It's the best chance of handling this in a way that will achieve the goals you seek.

Nathan Hansen

651-704-9600

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Answered on 9/27/12, 8:26 am
Thomas C. Gallagher Gallagher Criminal Defense

If the subject of the temporary "No Contact Order" (the "prosecutor's victim") does not ask that it be dropped, it is extremely unlikely that a judge would remove it. If the subject of "No Contact Order" does ask the judge to drop all such conditions and orders, it may happen. It will help if both the accused and the one-time accuser have lawyers experienced in domestic assault defense work. Prosecutor's try to ignore their "victims" as best they can, but there are ways to push the witness's agenda.

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Answered on 9/28/12, 6:06 am


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