Domestic violence affects thousands of Minnesota families every year, and when children are involved, the need for legal protection becomes urgent. Custody decisions in Minnesota revolve around one core principle, the best interests of the child, and any history of domestic violence can significantly influence how judges allocate custody and parenting time. Understanding your rights and the protections available is essential for creating a safe and stable environment for you and your children.
How Minnesota Defines Domestic Violence
Under Minnesota, domestic violence includes:
- Physical harm or attempted harm
- Threats of violence
- Criminal sexual conduct
- Stalking or harassment
- Acts that cause fear of physical injury
Abuse can occur between spouses, co-parents, intimate partners, household members, or individuals who share a child together. Importantly, children who witness domestic violence are considered affected, even if they are not physically harmed.
How Domestic Violence Impacts Custody Decisions
Minnesota courts must examine whether domestic violence has occurred when determining both legal custody and physical custody. This evaluation directly affects decisions about who makes major decisions for the child and how much time each parent spends with them.
1. Joint Custody Is Often Restricted
If a parent has committed domestic abuse against the other parent, Minnesota law generally presumes that joint legal or joint physical custody is not in the child’s best interest. The court may still award joint custody in rare cases, but only with strong evidence showing it is safe and appropriate.
2. Parenting Time May Be Limited or Supervised
When safety is a concern, the court may order:
- Supervised parenting time
- Therapeutic supervised visitation
- Exchange locations that prevent contact between parents
- Reduced or restricted parenting time
- Temporary suspension of parenting time if necessary to protect the child
The court’s priority is ensuring the child’s emotional and physical safety during every interaction.
3. Domestic Abuse Affects the “Best Interests of the Child” Factors
Minnesota’s custody decisions rely on the “best interests” factors. Domestic violence impacts several of them, including:
- The child’s need for safety and protection
- The history of caregiving
- The ability of each parent to provide a stable environment
- The impact of abuse on the child’s emotional development
Even a single incident of violence may influence how custody and parenting time are structured.
Orders for Protection (OFPs) and Your Custody Rights
Survivors of domestic violence have the right to request an Order for Protection (OFP). An OFP can include:
- Temporary custody of the child
- No-contact provisions
- Restrictions on communication
- Exclusive use of the family home
- Supervised visitation provisions
OFPs can last up to two years, and courts may extend them if the threat remains. Violating an OFP is a criminal offense in Minnesota.
What If You’ve Been Falsely Accused?
False domestic violence allegations can impact your parental rights and reputation. Minnesota courts require evidence, and an experienced attorney can help you:
- Challenge inaccurate claims
- Present witnesses or documents
- Protect your parenting time
- Avoid long-term consequences of an OFP based on false statements
Whether you are seeking protection or defending yourself, legal representation is crucial.
Why Working with a Minnesota Family Law Attorney Matters
Domestic violence and custody cases are emotionally complex and legally sensitive. Having an attorney who understands Minnesota’s family laws ensures that your rights, and your child’s safety, are fully protected.
At RWI Law, our attorneys help clients:
- Build strong evidence for custody and safety orders
- Navigate OFP hearings
- Request supervised or restricted parenting time
- Advocate for safe, stable custody arrangements
- Ensure compliance with Minnesota’s domestic abuse statutes
We approach each case with compassion, confidentiality, and the strategic guidance families need during crisis.
Schedule a Confidential Consultation with RWI Law
If domestic violence is affecting your custody situation, you don’t have to face it alone. Call (320) 408-2614 to speak with a Minnesota family law attorney at RWI Law. We will explain your options, help you protect your children, and work to secure a safe, stable future for your family.