Areas of 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, Imancipation, 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; in SD, joint custody is more common. In MN, alimony deals mainly with whether one spouse sacrificed their occupation for the marriage; while in SD, there must also be a finding of fault in the breakdown of the marriage. In MN, there is a presumption that a non-custodial parent will have a minimum of 25% visitation; while 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 chosing 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 guidence 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.
With over 30 years experience, Ron Frauenshuh has provided criminal defense on various charges. Being pro-active 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. Furthermore, was there 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.
Two important rights you should not forget:
Exercise your right to remain silent.
Contact an attorney before talking to law enforcement.
Criminal convictions can follow you for the rest of your life and can have a substantial affect on your freedoms. 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 is most commonly found in the area of car accidents, slip and fall cases, and other similar injuries that take place when you are not at work. 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 damages that occurred because of the breach of duty, such as a head injury.
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.
Worker's compensation involves injuries sustained while at work, and can range from carpal tunnel syndrome to back injuries. 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 Administrative Rules and policies that define and control worker's compensation benefits.
We practice in many other areas. Contact our office to find out more.