If you share custody of a child, a criminal charge can feel like two cases at once. One is in criminal court. The other is about your role as a parent. In Minnesota, a short list of convictions ties those two worlds together by law. Domestic assault by strangulation is on that list. That means a strangulation conviction can reach into your family case.
Here’s what parents should know before a plea or a trial.
What the law calls strangulation
Minnesota law defines strangulation as blocking normal breathing or blood flow on purpose. That can mean pressure on the throat or neck. It can also mean blocking a person’s nose or mouth.
When the other person is a family or household member, the crime is a felony. It can bring up to three years in prison, a $5,000 fine, or both.
The custody law most people never hear about
Section 631.52 of Minnesota law covers what happens to custody and parenting time after certain convictions. The list includes murder, serious assaults, kidnapping, some sex crimes, and terroristic threats. It also includes domestic assault by strangulation.
Here’s how it works. Say a parent with court-ordered custody or parenting time is convicted of a listed crime. If no custody case is already open, the sentencing judge must send the matter to family court.
The family court then has a default path. It must give temporary custody to the other parent, unless another setup is in the child’s “best interests.” Or it must suspend parenting time, unless time with the convicted parent is in the child’s “best interests.”
Who has to prove what
This is the part that surprises people. After a listed conviction, the convicted parent carries the burden. That parent must prove that keeping custody or parenting time is in the child’s “best interests.”
The bar can be high. If the victim was a family or household member, the proof must be clear and convincing. The court must also appoint a guardian ad litem. That’s a person whose job is to speak for the child. The law also tells family court to move these cases quickly.
Because a strangulation charge always involves a family or household member, these rules fit it closely. For the criminal side of the case, this guide on how Minnesota handles domestic assault by strangulation charges covers the charge, the penalties, and what can follow a conviction.
Why the plea matters as much as the verdict
This custody rule turns on a conviction for a crime on the list. So the exact crime you’re convicted of matters. A conviction for a listed crime brings this rule into play. A conviction for a crime that isn’t listed does not trigger this section.
That doesn’t mean other convictions have no effect on a family case. It only means this specific rule may not apply.
That’s one reason parents should talk with a criminal defense lawyer before agreeing to any plea. Ask how the deal could affect custody. If you already have a family law attorney, make sure your two lawyers talk to each other.
Steps parents can take now
- Keep copies of every court order, in both the criminal and family cases.
- Follow any release or no-contact conditions exactly.
- Write down your parenting schedule and history while the details are fresh.
- Don’t discuss the case with the other parent or on social media.
- Ask your lawyer before you sign anything in either case.
Read the law yourself
The custody statute is short and worth reading. You can find the full text of Minnesota Statutes section 631.52 on the Revisor’s website. It lists every crime that triggers the rule.
The bottom line
A strangulation charge carries real criminal penalties. For parents, it can also reach into custody and parenting time. Knowing how the two connect can help you ask better questions and plan your next steps.
