Legal Question in Discrimination Law in Minnesota

my husband goes into rages and rages at me for sometimes hours, usually the night following a vacation and after having a couple glasses of wine. the rage can be caused by something i say which i think is innocent and don't even see his anger. i usually withdraw and wait for it to pass. last night i went to bed in a room separate from his and whimpered i'm sorry over and over again as he screamed at me and pounded on the bed, leaving and returning several times with new bouts of anger. my question is whether this is legally considered abuse and what can i do short of leaving. he's already in therapy struggling with women issues and anger issues.


Asked on 8/25/10, 5:22 am

1 Answer from Attorneys

Julie Plumitis Plumitis Law LLC

Yes, legally this is abuse as defined in Minn Statute 518B.01. It appears that your husband is causing you fear of imminent physical harm, bodily injury, or assault. The remedy the law gives in this situation is an order for protection. However, this would require that either he or you move out of your residence. It would restrict his access to you. In your question, you ask, what can you do short of leaving? The only other alternative would be for you to call the police. Perhaps if he knew that you felt that thrreatened, it would help him calm down. However, the officers may take your husband into custody, and in many cases - husbands who engage in domestic violence will become even angrier and retaliate - you will need to evaluate the situation and decide if this is the right strategy. Another issue - if you have children, you need to know that failing to protect them from witnessing your husband's violent rants could be viewed by the court as neglect. If you need help getting an order for protection, the courts usually assist you with the application, or you can find an attorney to help you. Also, you can visit http://www.findcounseling.com/help/hotlines/minnesota.html

Good luck. And remember, you deserve to be treated well.

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Answered on 9/03/10, 1:01 pm


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