Areas of Law
Family Law
Family Law covers a wide variety of areas including: Dissolution of Marriage (Divorce), Paternity actions (involving children where no marriage has occurred), Child Custody/Visitation, Adoption, Emancipation, and other related areas. Family law cases are usually complex due to the emotions involved, the care of minor children, and the financial obligations. Knowing the law and how those laws are applied is crucial in protecting your rights. MN and SD have significant differences regarding alimony, child custody, and visitation laws. For example, joint custody in MN is rarely done; but in SD, joint custody is a common outcome for custody cases. In MN, alimony deals mainly with whether one spouse sacrificed their occupation for the marriage. In SD, there must also be a finding of fault in the breakdown of the marriage or alimony will not be awarded. In MN, there is a presumption that a non-custodial parent will have a minimum of 25% visitation. In SD, there is no presumption, but there is a standardized set of visitation guidelines that becomes an order of the court.
Many couples are choosing to co-habitate, producing children and joint assets and debts that, upon separation, create a lot of legal issues. How do you divide a home and joint mortgage? Do parents have equal rights to their children? Does child support automatically end if you get back together? We can offer you legal guidance in applying the laws to your co-habitation issues.
Ron Frauenshuh has represented family law clients for many years and he understands the stress of family issues. He can offer you objective legal advice to guide your decisions and keep them in-line with court orders and family laws.
Criminal Law
With over 30 years experience, Ron Frauenshuh has provided criminal defense on various charges. Being proactive in protecting your constitutional rights and ensuring all the proper defenses are raised is what our office can offer you.
Criminal law is very technical. A motion to dismiss on the basis of lack of probable cause is probably the most common defense, especially in a DUI matter. The police officer must have probable cause to stop a motor vehicle. The lack of probable cause vacates the arrest and the charges. Another issue that often arises is whether there was probable cause for the arrest? This means did the police officer have probable cause to believe that a crime was committed.
The next thing a good criminal defense lawyer will examine is the issue of evidence. Were there violations of constitutional rights regarding search and seizure? The defendant has a duty to disclose affirmative defenses, such as alibi or self-defense, and other affirmative defenses. Our office can assist you in providing those defenses.
There are two important rights you should not forget:
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Exercise your right to remain silent.
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Contact an attorney before talking to law enforcement.
Criminal convictions can follow you for the rest of your life and can have a substantial effect on your freedom. Whether you are charged with misdemeanor simple assault or with felony drug charges, our office can assist you in negotiating a plea bargain agreement or with taking your case to trial.
Personal Injury
Personal injury is most commonly found in the area of car accidents, slip and fall cases, and other similar injuries that take place outside of the workplace and while not on duty. There are four elements of personal injury litigation. First, there must be a duty of care. Each party has a certain duty to the general public, such as the duty to follow the speed limit. Second, there must be a breach of this duty, such as speeding. Third, there must be causation. This means that the actions by the other person are what caused the harm to you. Fourth, there must be damages, meaning that there must be some type of injury, physically, emotionally, psychologically, and/or financially that occurred.
South Dakota and Minnesota have slightly different laws concerning personal injury cases. Therefore, if you have been injured, obtaining legal representation is important to protect your rights. Ron Frauenshuh has assisted personal injury clients in settling with insurance companies and in presenting the case to a jury and he can assist you with your personal injury as well.
Worker's Compensation
Worker's compensation involves injuries sustained while you are working and can range anywhere from carpal tunnel syndrome to back injuries and more. Employees are obligated to report their injuries to their employers, and employers are obligated to provide a safe work environment for their employees. If you have been injured at work and your employer has denied you worker's compensation benefits, you may have a worker's compensation case. Some work injuries may seem minor, but over time can develop into serious medical problems. Ron Frauenshuh has represented employees concerning various work injuries and he understands the rules and policies that define and control worker's compensation benefits.
We also practice in many other areas. Contact our office to find out more information and to see what we can do for you!