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CITY OF FALCON HEIGHTS MINUTES November 10, 2004 Mayor Gehrz called the regular Council meeting to order. PRESENT: Mayor Sue Gehrz, Council members Robert Lamb and Richard Talbot Also present: City Administrator Heather Worthington ABSENT: Council members Laura Kuettel and Richard Talbot COMMUNITY FORUM: There was no commentary from the audience. PRESENTATIONS: City Prosecuting Attorney -Martin Costello -Minnesota's Domestic Violence Statutes Mayor Gehrz said that once a year the City Prosecuting Attorney, Martin Costello, from the law firm of Hughes and Costello, provides an educational program for the City Council. Because the Council meetings are televised and web streamed on the Internet, other people can also have the benefit of their presentations. Attorney Costello introduced himself and his two associates: Katrina Joseph and Russell Platzek. He said they would be giving a power point presentation and taking turns presenting the material about criminal prosecutions for domestic assault, restraining orders, victim advocacy and firearms disqualification. Criminal Prosecutions ^ Courts are actively prosecuting cases of domestic violence ^ No Contact Orders, orders prohibiting contact between the victim and the aggressor, are commonly requested by the prosecutor, and granted by the court, in criminal cases ^ Caveat: Victim cooperation is important Misdemeanor Arrest Rule -Minn. Stat. 629-34 ^ Police may not make a warrantless arrest for a misdemeanor or gross misdemeanor offense unless the offense is committed in the presence of the arresting officer Domestic Violence Arrests -Minn. Stat. 629.72, subd. 2 ^ An officer cannot merely issue a citation to, and refuse to arrest, an individual charged with harassment, domestic abused, violation of an order for protection, or violation of a • domestic abuse no contact order