Minnesota House Bolsters Domestic Violence Protections with Expanded Arrest Powers
Legislators in the Minnesota House of Representatives recently advanced measures granting law enforcement expanded authority for warrantless arrests in misdemeanor domestic violence cases, aiming to enhance victim safety across the state.
The Minnesota House of Representatives recently took significant steps to address domestic violence, debating and advancing legislation that expands the powers of law enforcement officers to make warrantless arrests in misdemeanor domestic assault cases. This move, discussed during a recent legislative session, is poised to provide immediate intervention capabilities for situations where officers may not have directly witnessed an alleged offense but have probable cause to believe domestic violence occurred.
Proponents of the measure emphasize its potential to strengthen the tools available to police officers responding to domestic disturbances. The intent is to reduce instances where alleged abusers might evade immediate accountability due to technicalities of arrest powers, thereby offering greater security to victims in communities throughout Minnesota, from Shore View to Elk River and beyond.
This legislation is a critical step forward in ensuring the safety of our most vulnerable citizens. When an officer responds to a domestic violence call, they need every tool available to remove a threat and protect victims without delay. This expansion of warrantless arrest powers provides that crucial capability.
Discussions surrounding the proposal in the House centered on balancing due process with the urgent need for victim protection. Legislators highlighted that domestic violence calls are among the most dangerous for law enforcement and often involve complex dynamics where immediate action can prevent escalation. The bill seeks to empower officers to make arrests based on probable cause, even if the misdemeanor assault did not occur in their immediate presence.
Our law enforcement officers are on the front lines every day, responding to traumatic situations. Equipping them with the ability to act decisively in domestic violence cases, where evidence points to an assault, is not just about enforcement; it's about providing a lifeline to victims and making our communities like Elk River safer.
The measure is expected to have a tangible impact across diverse areas of the state, including metropolitan areas like Plymouth and Maple Grove within Senate District 42, as well as communities in 'greater Minnesota' where victim services and law enforcement resources sometimes face unique challenges. The goal is consistent application of protective measures, regardless of geographical location.
Ensuring Justice and Safety
While specific details of the bill’s implementation will be crucial, the overarching aim is to foster a more responsive legal framework for domestic violence. Advocates for the expanded powers argue that it aligns Minnesota with best practices in other jurisdictions designed to combat domestic abuse effectively. The change underscores a legislative commitment to holding perpetrators accountable and prioritizing the well-being of those affected by domestic violence.
Every person deserves to feel safe in their own home. By enhancing the ability of officers to intervene promptly in domestic violence situations, we are sending a clear message that this behavior will not be tolerated and that the safety of our residents, from Plymouth to Vadness Heights, is paramount.
The legislative body continues to review and refine measures aimed at supporting victims and preventing domestic violence, with this expanded arrest power marking a significant step in that ongoing effort. Communities throughout Minnesota will be watching closely as these new powers are put into practice, hoping for a reduction in domestic violence incidents and an increase in victim protection.
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Well, uh, my name is Kelly Mohler. I'm arepresentative from District 48 in Shore View and I'm also the co-chair of thepublic safety committee. Thank you so much for your interest in being heretoday. Chair Noatne and I are hosting this event in order to bring awarenessto important domestic violence legislation that passed this session andthat goes into effect on August 1st. These bills have not received muchattention and in order for them to be impactful, we need more motans to knowabout them. Intimate partner violence is a significant public health and publicsafety issue. According to the CDC, one in more than one in three womenexperience sexual violence, physical violence, and/or stalking by an intimatepartner during their lifetime. The presence of a firearm in a domesticviolence situation increases the risk of homicide by 500%.Both Native American women and black women in Minnesota are murdered athigher rates by intimate partners. But these are not just statistics. Thesevictim survivors are our friends, our family members, our co-workers, and ourneighbors. Not all victim survivors report abuse toauthorities, but when they do, we need to make sure the justice system worksfor them. As a prosecutor and a legislator, I have seen the system failvictims fail the victims too many times. And regardless of whether or not avictim survivor reports the abuse, all of them deserve services to ensure theirsafety. I'm proud to say that the bipartisan legislation that we passedthis year helps to achieve both of those goals. The bills that you will hearabout today were authored by my House and Senate colleagues standing with me.This comprehensive package includes the following. extending the time forwarrantless arrests in misdemeanors in domestic violence misdemeanors from 72hours to two weeks and encouraging law enforcement to expeditiously seek arrestwarrants. Requiring law enforcement and judges to consider an alleged offender'shistory, including any current or former orders for protection.Ensuring removal of firearms from abusers. requiring that victims arenotified about their right to give victim impact statements in court,providing for more robust um information gathering and data collection by lawenforcement to the BCA, removing abusers from contracts for deeds that are sharedwith the victim. Funding victim services to make sure that critical services areremaining available to victims and survivors. and then creating a domesticviolence task force to make additional recommendations on ways to improve thejustice systems response to victims. And before you hear more about thislegislation, I want to emphasize the strong bipartisan support we had forthese bills. Domestic violence isn't a blue issue or a red issue. It's a publicsafety issue. And with that, I'll turn it over to my co-chair, Chair Nati. >> Thank you. As co-chair Mohler stated, myname is Paul Noati. I'm the representative from Elk River 30B. I'm aretired law enforcement officer. I did 33 years in law enforcement beforebecoming a member of the state legislature. And so many of these issuesthat we uh fixed through the legislation this year really hit home to me. When Istarted in law enforcement, the waiting period or the delay that you couldarrest someone was eight hours after it were reported domestic. And I saw somany cases where the person would just hide out because they knew they just hadto uh wait it out and that they would have to um be citation receive acitation and they wouldn't have to make an appearance before they see a judge.And we saw that giving more time as the time has creeped up so slowly over theyears more of those arrests are made and the person is brought before a judgeright away so we can get some intervention and get some things takencare of. And that is the important part. Some of the things that I saw in lawenforcement and the interactions that they had with the offenders was thataction taken against them and an intervention right away. so often led toless incidents in the future. If they get away with it once, they try to getaway with it again. So, it's important that we get that intervention. And Iknow that some of the other people that will be coming up to talk about uh thespecifics of the statues, but uh it was very important for myself and forco-chair Mohler that we have the funding for the domestic advocacies because thatto me was the law enforcement response when we met with a victim to be able toput them in touch with an advocate right away and get them uh the informationthat they need and have someone walk with them in their journey through thecourt system. So, that was one of the that was the biggest part of oursupplement supplementary budget that we did this year and we thought that wasvery important to have that. And with that, I'll uh leave it to RepresentativeRaric. >> Thank you. I'm Representative MarianRaric. This is my 14th year. In all 14 years I've served on either the publicsafety or the judiciary committee and sometimes both. I've worked in domesticviolence issues almost the entire time. So I want to talk about House File4075 which was authored by Peggy Scott and it's actually a compromise billbetween uh Chair Mhler and Chair Scott. They worked really hard on thesedetails. In fact, I know even Chair Noatne had quite a bit of input from thelaw enforcement side. But let's talk about where it came from initially. So,Carol 11 actually did a story about this all the way back in 2018. We changed thelaw back in 2014 to kind of rewrite a whole bunch of things regarding domesticviolence. And in 2018, AJ LGO did a little look back from 2016 to see howmany times when the court has ordered for guns to be removed were theyactually they they were supposed to file an affidavit. So, how many times werethey actually removed and the affidavit was filed? And an abysmal amount is whathe came up with. It was about 4% statewide for orders of protection,which of course an order for protection is an incredibly high level, verydangerous situation for that person that has filed it. So when we started in2016, uh orders for protections were only atabout 4% that of the time that the affidavit was filed saying yes, thatthat had been turned over to law enforcement. Now, since then, it'sgotten a little bit better. The courts have taken notice and the numbers havecome come down a little bit. And when you look at all the way across the boardfor domestic assault, about 45% of the time the affidavit's not filed. Now,it's not great, but it's better than 96%.Um, with harassment and stalking, it's about 39% of the time. And again, thiswas a court look back over three years, and that was the average. Um, for OFP,so order for protection, it was 87% of the time still the affidavit was notfiled. That is terrifying. And so, what we did with this bill, I'm also anauthor on the bill, is that we did some very simple provisions. We said, "Look,if a court has ordered for your guns to be removed, then you have to file theaffidavit and within 10 days, the court actually has to have a follow-up hearingto say, "Yes, in fact, those guns were removed." And if you didn't have anyguns, you could file that affidavit as well. Um, also along with that, to makesure that you surrender your permit to purchase and permit to carry. So if thecourt has said you cannot have guns, you are prohibited person, you also have tologically s surrender your permit to carry and permit to purchase.One other thing that's really important is that the person that's petitioning,so the victim themselves is now they're going to be asked, do you know if thereare guns in the home? If so, where are they? That is an incredibly importanttool for law enforcement. So those are some of the high levels. And again,Representative Peggy Scott and Representative Mhler worked really hardon this compromise bill. Um, some parts remain the same that was in thestatutes, like you can still transfer to a third party, but there's morerestrictions around it. So, there's more follow-up. This, I believe, will umbring the number down. And so, right now, the intimate partner homicides arean average of 21 a year. We want to bring that I'd like to bring it down tozero, but of that about 50% is actually 48% are done with a a firearm. So, thenumbers are astounding. We don't uh every time we have the femicide reportout, it's just heartbreaking to all of us. And so, we want to um combat thatproblem. With that, I'll turn it over to Senator Weslin. >> Thank you. Uh good afternoon and thankyou for being here and covering this. This is actually a very important issue.Uh I want to thank um chairs Mhler and and Noatne for bringing us all togethertoday. I am State Senator Bonnie Wesland. I represent Senate District 42,which includes Plymouth, Maple Grove, and Medicine Lake. This session, we tookmajor steps to strengthen the response to domestic violence in our state.Domestic violence is not a private matter. It's a public safety issue.We know that the moments immediately after abuse is reported can be some ofthe most dangerous times for survivors. And we know that delayed or inconsistentresponses can have devastating and even deadly impacts on uh their victims.It is estimated that in 2025 at least 31 motans died of intimate partnerviolence. The bills we passed this year haveeliminated some of the loopholes in domestic violence law that we believewill save lives. Every person deserves to know that whenthey ask for help, our system is prepared to act. And we took steps thissession toward making that promise a reality.Too often, domestic violence is treated as a single incident when we know thatit is most often a pattern of escalating abuse. Uh, I am a family law attorneyand I can tell you that that has been my experience in representing individualswho experienced abuse in their homes. Survivors may call for help multipletimes before an arrest is made and we know that delays can have devastatingand even deadly consequences. The tragic death of Allison Lucier canunderscored these failures. Allison repeatedly sought help from lawenforcement before she was found dead in 2024,murdered by her abuser. Subsequent reviews of her requests forhelp identified missed opportunities for intervention. And that's why one of themost significant reforms in domestic violence prevention that we took thisyear is expanding the window for law enforcement to make arrests based onprobable cause in non-felony felony domestic abuse cases from just 72 hoursfrom the time a call is made to law enforcement to 14 days. When officershave probable cause to arrest, but they can't locate a suspect right away, theyshould not lose the opportunity to act within a reasonable amount of time. Thebill also requires officers to promptly seek an arrest warrant when a suspect isgone on arrival and cannot be immediately located. It also strengthensreporting requirements for documenting investigations and creates moreconsistent statewide standards for responding to domestic violence cases.Together, the new laws establish uniform enforcement measures across the state,expanding officer authority while formalizing agency documentation andproperty c proper proper custody mandates.The expanded arrest windows are really a key important part of this. We know thatthe most dangerous time for someone who is reporting and experiencing domesticviolence is that moment where it is reported.No law can undo the harm that survivors and families have already endured.But we must learn from those tragedies to strengthen our laws so that there arefewer outcomes like Allison's. This policy package reflects a commitment tobetter protect people experiencing domestic violence, to make sure ourresponse is consistent and prompt, and to help law enforcement intervenesuccessfully to save lives. Thank you. And I will now turn it over to mycolleague, Senator Uma Verbaton. Thank you so much. Um, my name is ClaireUma Verbaton. I have the honor of representing district 66 in theMinnesota Senate. I also serve as the vice chair of the Senate Judiciary andPublic Safety Committee. Uh and I was the chief author of the bill to fundcrime victim services. I just want to ground us um in what crime victimservices are. Um it funds a number of really essential services for our victimsurvivors of domestic violence and sexual assault. Um, co-chair Noatnetalked about how important it is for um, survivors to be connected with anadvocate. Those advocates will attend court with survivors. Um, they are alsothe folks who will meet with uh, survivors at the hospital to supportthem through sexual assault exams. They help survivors navigate uh, the crimevictim services uh, reimbursement program.They provide a safe space uh for survivors to live and find work. Uh theyhelp survivors gain confidential address and name changes. They centralizeinvestigations involving child victims so that the child is not exposed torepetitive and traumatizing interviews. This funds um the shelters that provideum again housing for our survivors. and they also are advocates um for survivorsin really the face of law enforcement systems that sometimes don't believethem. Um and they educate and collaborate with those same systems toreally improve responses in the future. These are like very essentiallife-saving services and we've seen a significant decrease in federal fundingover um the last several years. And so it has really come down to the states toprovide funding for these essential services. We received information fromthe Office of Justice Programs this year that the gap that we were facing forcrime victim services was $12 million. And um this group here, we we workedtogether in a bipartisan manner to fund that $12 million gap. um really proud ofthe work that we did this session because we knew if we did not actuallyfund that gap at that level, we would see shelters close. We would see umcounties lose maybe their their only advocate, especially our counties um ingreater Minnesota. So um this was very important to get that funded at thatlevel. And I do just want to name that we're still facing this crisis of uhongoing funding. It's something that we're going to have to come back to nextsession. I um certainly plan on bringing forward legislation to find a solutionand find an ongoing funding source uh for these essential services which arecrime victim services. So thank you and I will pass it to my colleague SenatorGustoson. >> Thank you. Um I'm Heather Gustoson. Irepresent SD36. It is nine cities, but Vadness Heights, White Bear Lake, andLino Lakes are the largest cities in my district. Um, too often survivors andperpetrators of domestic abuse um become trapped in a joint contract for deedwith no remedy or resolution. And for the survivor that not only is it hard torecover from the trauma, as long as they are connected through contractualproperty obligations, the trauma will persist. So, thanks to this new law,survivors in this situation will have the ability to petition the courts toextinguish the joint interest of their abuser in a contract for deed when theabuser abandons the property and stops making their obligated payments. In manycases, survivors who remain the equitable owner of the home can continueto make their payments, but they are forced to remain contractually tied totheir abuser. And additionally, there is also the looming fear that an abuser maylay claim to the property at some point in the future despite not makingpayments. Uh, this new law provides a remedy for that and allows victims ofdomestic violence to sever these ties from the perpetrator. A lot of that istechnical talk, but what it means is the survivor of a domestic abuse situationis able to keep the home that they have been paying for and live in. And so forthose who have experienced the trauma of abuse, stable housing is critical torecovery. With this law changed, victims have been stuck in an unfair and unjustposition with no legal remedy. And I'm grateful for the overwhelming bipartisansupport we received in both chambers. Um I'm glad to see that it is now activestate law and it'll go a long way to helping survivors recover and move onfrom the trauma that they experienced. Thank you. I'm going to hand it back toRepresentative Müller. And just to wrap things up, I do want touh give my gratitude to Representative Scott for her work on the firearms billthat Representative Raric spoke to. Um she could not be here today. I also wantto give a shout out to my other two colleagues who are here, RepresentativeDave Pinto and Representative Athena Hollands. Representative Pinto has alsoworked on these issues for years and he a couple of years ago created a taskforce to look at the removal of firearms from domestic abusers and that is whatled to the bill that we were able to pass this year. Um in addition,Representative Hollands has been a strong advocate for the victim servicesfunding and also for making sure that victims aren't punished by the judicialsystem. And while much AC was accomplished this year, more workremains. We did create a task force on improving responses to domesticviolence. Um the the the task force has a number of things, but there are 16specific objectives that they must complete, including developing a modelpolicy on the use of lethality assessments by law enforcement,reviewing current training by system partners on domestic violence cases,identifying barriers that victims encounter when reporting incidents,evaluating public health policies to make sure we're doing more to preventdomestic violence, and making recommendations for improved respons.responses to domestic violence at every level. And finally, I can't emphasizeenough how important it is for motans to share the reforms that my colleagues andI described today. The more people that know about them, the more effective theywill be. And finally, if you or a loved one are experiencing domestic violence,you can call the statewide 24hour day one crisis line at 866223111. And with that, if you have anyquestions, we're here to answer them. >> Representative, could you talk a littlebit about the bill that you were talking about? Specifically, you mentioned I'mI'm curious what the law looked like beforehand. Um, the note about uh within10 days of the affidavit being filed, courts now have to uh respond to thatwith a follow-up hearing. What was it beforehand? and and how different isthat metric now? >> Yeah, thank you for the question. So thelaw before was that they had to file the affidavit. They didn't. So when we didthe look back, so they had to surrender their firearms. They had to file anaffidavit saying they'd surrendered their firearms. And this goes all theway back to 2018 when Carol Leven actually looked did a look back for 2016and found for orders of protection that only 4% of the time those affidavitswere filed. That's abysmal. Today, so we just got a in our fiscal note, you cansee that the three-year look back what the courts did that the average now isum 87% don't file. So 97% or 96% didn't file and now 87% don't file theaffidavit. So while it it came up a little bit, it's still abysmal.>> Wasn't that requirement to have the following?>> This is a new requirement once that affidavit is filed.>> So the new requirement is that there's another hearing. So what what the misswas was nobody was looking. So you literally have victim survivors sayingnobody's paying attention. Nobody's even looking. And so now they have to have acourt hearing to prove that they actually have the affidavit. Now if theydon't have firearms, they can have an affidavit that says I don't have anyfirearms. But they have the affidavit has to say this is what I had. This iswhere I g, you know, either I gave it to law enforcement or an FFL or a thirdparty. And that third party, you have to do that in the presence of lawenforcement. So that's what the affidavit is supposed to say. But nobodylooked at it. And so even if you look back today, you're g you're not going tofind a whole lot. Now the OFP, so the orders for protection is by far theworst. Um there are other categories that were better, but that's thedifference is that nobody was looking and now the courts have to do afollow-up hearing. So I'm really hoping for 100%. 100% affidavit.>> Um could I hear a little bit more about the um uh victim servicesprogram? Um, you mentioned that gap is $12 million. How, I guess, how recentlywas that gap formed? Has it been over a number of years that number slowlydeclined and have those services then therefore been missing for a couple ofyears and are now going to be back all of a sudden?>> So, we've seen this decline for several years. Um, it's spanned um multipleadministrations at the federal level. um there's really just been a decline inthe um funding um sort of source at the federal level for uh crime victimservices. And I remember in my uh first year here at the legislature in 2023, weput money towards um crime victim services. Um then the next budget cyclecame along in 2025 and uh we put money towards crime victim services. And thenum this last session we you know were knew that we were continuing to facethis crisis and so asked specifically uh from the office of justice programs.What is the gap this year to get um these services funded just to make sureright that there isn't a county that goes without an advocate to make sure umthat our shelters aren't you know forced uh to close. And that was the numberthat was identified. But um we're we're going to con we're going to continue toum see I think a drop in in federal funding. That's kind of what the trendhas been. Um so when we look at putting a budget together next year, uh it'll bereally important for me to make sure we find a source so that we can fund theseservices um at the level that they need to be funded ongoing and we're not sortof coming back peacemeal every single year to fund u whatever the gap is. So,it sounds like this has been something for a number of years that you guys havebeen filling with, I guess, sort of a band-aid.>> Yeah, it's it's really I'm this has been an issue I think across the country andit's really falling to states at this point to fund crime victim servicesbecause that money is just not coming from the federal government. >> All right, good job, guys.I might just be able to speak with 20
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Other Topics from This Document
Comprehensive Domestic Violence Legislation Package
Enhanced Firearm Removal from Abusers (House File 4075)
Funding for Crime Victim Services
Severing Joint Contracts for Deed in Domestic Abuse Cases
Creation of a Domestic Violence Task Force
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