Can I Be Convicted of Domestic Assault Against an Ex-Girlfriend?
In criminal law, the smallest phrases can carry the largest meanings. A recent Minnesota Court of Appeals decision—State v. Latino—illustrates just how impactful a few ambiguous words in a statute can be in determining guilt, eligibility for prosecution, and even constitutional application. At the center of this case: the definition of a “family or household member” under Minnesota’s domestic assault statute.
Recent Court Case
Under Minnesota Statute § 518B.01, a person can face domestic assault charges if the alleged victim qualifies as a “family or household member.” This category includes current or former spouses, co-parents, individuals who live or have lived together, and—as clarified in State v. Latino—those who have been involved in a “significant romantic or sexual relationship” (Minn. Stat. § 518B.01, subd. 2(b)(7) (2024)).
But what happens when that relationship has ended? Does the term “former” romantic or sexual partner – such as an ex-girlfriend – count under the law? And how does the court assess relationships that were brief, casual, or non-exclusive? These are critical questions that often arise in domestic assault cases, and the answers can significantly impact how the law is applied.
These were the questions addressed in State v. Latino, where the defendant challenged the applicability of the domestic assault statute, arguing that the relationship with the alleged victim no longer qualified as “significant” or current at the time of the incident.
The court acknowledged that the statute’s wording could be ambiguous. However, when ambiguity arises, Minnesota courts don’t guess—they analyze. In line with well-established canons of statutory construction, the Court of Appeals examined legislative intent, historical context, and the broader purpose of the statute—namely, to protect individuals from domestic violence even when the relationship has ended.
The result? A clear ruling that a “family or household member” includes former romantic or sexual partners, not just current ones. This means you can be charged with domestic assault against an ex-girlfriend. Specifically, this interpretation relies on the additional sentence found after the list of categories defining who qualifies as a “family or household member” in Minn. Stat. § 518B.01, subd. 2(b). That sentence states: “In determining whether persons are or have been involved in a significant romantic or sexual relationship under clause (7)…”.
The legislature’s deliberate use of the past tense—“have been involved”—reflects its clear intent to extend legal protections to individuals who were previously in a significant romantic or sexual relationship, not solely those currently involved. Moreover, the court found that the evidence at trial was sufficient to support the conclusion that the defendant and the alleged victim had, in fact, shared a significant romantic or sexual relationship—meeting the legal threshold under the statute.
For individuals facing domestic assault charges in Minnesota, State v. Latino is a critical reminder: the nature and history of your relationship with the alleged victim can heavily influence whether your case qualifies for prosecution under specific domestic violence statutes. Prosecutors will lean on broad interpretations to secure convictions—but that doesn’t mean every application of the law is fair or justified.
This case also highlights the importance of challenging statutory interpretations when ambiguity exists. With the right defense strategy, your attorney can argue legislative intent, raise constitutional concerns, or show that your specific circumstances fall outside the law’s intended scope.
Contact a Criminal Defense Attorney Today
At North Star Law Group, we possess a comprehensive understanding not only of criminal law, but also of how Minnesota courts interpret and apply it. Our attorneys diligently monitor significant appellate decisions, including State v. Latino, to safeguard our clients’ rights and effectively challenge prosecutorial overreach. If you are facing domestic assault charges, the legal interpretation of your relationship with the alleged victim may be a decisive factor in your case. We are committed to ensuring that this critical issue works in your favor, not against you.
Contact us today for a confidential case review. When the law is unclear, the right defense makes all the difference.