Results 1 to 5 of 5
  1. #1
    Join Date
    Nov 2008
    Posts
    7

    Default Domestic Violence/Abuse

    My question involves criminal law for the state of: Minnesota.

    I recently pressed charges against my boyfriend of a few years after being physically abused. This is not the first time this has happened but I recently found out I was pregnant and did not want to risk the situation any longer. He also has a previous charge on his record from when he was a minor. I was just wondering if anyone knows what the outcome will be as far as his penalty for this. I do think he needs treatment of some kind for his anger, but he is always sorry after and admits he has a problem. Is there a way I can ensure that he doesn't need to serve jailtime necessarily but rather he has some kind of rehabilitation services?

    Also, he has threatened to me that he can use anything I have done in self defense as proof of me committing a violent act against him. He claims he has pictures of nail marks or bruises that I have left on him in resisting him holding me back. I do not have pictures to prove any previous marks he left on me and unfortunately in the case that I chose to report it, he did not leave any marks for an officer to see. Is this a serious threat that I should be concerned about?

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Domestic Violence/Abuse

    Absolutely a serious threat and yes, you should definitely be concerned; for both yourself and your child. No, you cannot ensure that he will not do jail time, which is a realistic possibility. If he already has a DV or assault charge on his record, then he's looking at felony charges and yes, a definite possibility of jail time.

    You need NOT worry about his outcome. You need to concern yourself with your own safety and that of your childs. Even if you decide not to press charges, the state will do so against him. Take that as it is. Don't coddle and for your sake, don't enable him to continue the same behavior/pattern of abuse.

    Let the legal system take it's course. You need to protect you AND your child...period!!!

    Best wishes.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Domestic Violence/Abuse

    Hey Mikey....

    Doesn't Minn have specific laws against assaulting a pregnant woman?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Domestic Violence/Abuse

    2008 Mn. Statutes
    609.267 ASSAULT OF UNBORN CHILD IN THE FIRST DEGREE.
    Whoever assaults a pregnant woman and inflicts great bodily harm on an unborn child who is subsequently born alive may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.

    609.2671 ASSAULT OF UNBORN CHILD IN THE SECOND DEGREE.
    Whoever assaults a pregnant woman and inflicts substantial bodily harm on an unborn child who is subsequently born alive may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
    As used in this section, "substantial bodily harm" includes the birth of the unborn child prior to 37 weeks gestation if the child weighs 2,500 grams or less at the time of birth. "Substantial bodily harm" does not include the inducement of the unborn child's birth when done for bona fide medical purposes.

    609.2672 ASSAULT OF UNBORN CHILD IN THE THIRD DEGREE.
    Whoever does any of the following commits an assault of an unborn child in the third degree and is guilty of a misdemeanor:
    (1) commits an act with intent to cause fear in a pregnant woman of immediate bodily harm or death to the unborn child; or
    (2) intentionally inflicts or attempts to inflict bodily harm on an unborn child who is subsequently born alive.

  5. #5
    Join Date
    Nov 2008
    Posts
    7

    Default Re: Domestic Violence/Abuse

    Quote Quoting M'sta Mikey
    View Post
    Even if you decide not to press charges, the state will do so against him.
    Immediately after the incident, I was put in contact with an investigator who said that the case will remain open until I choose to press charges or not. To me, he hasn't made this seem like an urgent matter at all. The police officer with whom I filed the report said that the state would also press charges against him no matter my decision, but the investigator none the less has been rather flakey and hasn't had very specific answers to my questions. He also has not even discussed the report with me. He basically just called and asked me to get back to him when I made a decision and hasn't attempted any contact with me since then. I don't want to have it sit around too much longer but it doesn't seem to me like the state will press any charges against him if I have them dropped. Is it likely they will just dismiss it? If it looks like that is to happen can I ask that the state does press charges so I don't have to?

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Domestic Abuse Blackmail
    By prestema in forum Criminal Charges
    Replies: 2
    Last Post: 05-11-2011, 12:11 AM
  2. Child Abuse: Falsely Accused of Domestic Violence and Child Abuse
    By rusty1923 in forum Abuse and Neglect
    Replies: 2
    Last Post: 12-17-2010, 04:11 PM
  3. Domestic Violence: Punishment for 'Domestic Abuse'
    By MisterBond in forum Criminal Charges
    Replies: 3
    Last Post: 08-22-2010, 06:37 PM
  4. Assault & Battery: Domestic Abuse 5th Degree
    By munich0111 in forum Criminal Charges
    Replies: 2
    Last Post: 05-10-2009, 03:39 PM
  5. Background Checks: Domestic Violence, Family Abuse Conviction for a School Teacher
    By Overlord_426 in forum Employment and Labor
    Replies: 12
    Last Post: 11-02-2007, 07:08 AM
 
 
Sponsored Links

Legal Help, Information and Resources