Miscellaneous Family & Criminal Law Questions & Attorney Tricia Dwyer's AnswersAttorney Tricia Dwyer has been rated 'Superb' and 'Perfect Review' multiple years by Avvo
No Court Whenever Possible Full Agreement & Settlement, entirely out of court is possible One Lawyer is possible No mediation is possible No 'collaborative law' is possible No sheriff - no 'serving other with legal papers' whenever possible & appropriate MISCELLANEOU LEGAL QUESTIONS & ATTORNEY TRICIA DWYER'S ANSWERS: LEGAL QUESTION: My ex pays me $746 per month child support for our 18 y old and 11 y old. She told me it's half that now because our eldest turned age 18. Truth? ATTORNEY TRICIA DWYER'S ANSWER: Hello. A starting point is reading the child support Order itself. It is good you appear to know that your ex shouldn't be the one you turn to for legal advice.
LEGAL QUESTIONS & ATTORNEY TRICIA DWYER'S ANSWERS: LEGAL QUESTION: I'm charged with domestic assault of my boyfriend. The judge said I can't talk to him. Legal? Not married and I'm not convicted of anything. ATTORNEY TRICIA DWYER'S ANSWER: Hello. When a person is charged with domestic assault, the criminal court judge may well make an initial order for there to be no contact. It is possible to request that initial order be changed. If I were assisting you, I'd talk with you about the details of the situation; oftentimes there may be one or more written reports, and, or audio-video. Take care. LEGAL QUESTION: I have 50 50 custody and live in a small town. My ex says he's having my house watched all the time. He said he's watching our kids, but he's also watching me & doesn't believe I live where I say I do which is none of his business. I feel fear, among other things. ATTORNEY TRICIA DWYER'S ANSWER: I suggest you stop in at the appropriate police station and make a report. If I were in your situation I'd aim to full resolution, and asap, because, as you stated, right now you lack the most basic and fundamental sense of safety, security and privacy. Protective Order, Restraining Order, Order for Protection (OFP), and Harassment Order (HRO) are possibilities. Legal question: My BF is locked in jail, Interference With Emergency Communication. He did nothing at all! Attorney Tricia Dwyer's answer: There will be written documents that describe what happened, and most often there will be audio and video. There may be one or more witnesses. For this problem, I urge your BF have good lawyer help, asap. In my work, I may privately confer with the person in jail, asap, and their family or friend arranges with me for that to happen. Legal question: I'm charged with domestic assault - my girlfriend is pregnant & she had bruises but that is because I was trying to keep her from falling on her stomach when we were having a little disagreement. Would it help if we got married?Attorney Tricia Dwyer's answer: In the sort of situation you describe, it seems likely a judge would have issued a temporary No Contact Order (DANCO, NCO), forbidding you from contacting her right now: Are you allowed to have contact with her? Legal question: I'm in the beginning process of protecting my 14 year old from her mother who lives in Michigan. Real fear of child kidnapping. Attorney Tricia Dwyer's answer: Hello. I have worked in this area of law for many years. When I give my client legal advice, each situation is unique - I talk with my client about the exact details, the exact worries and fears, the history, 'bad' that happened in the past. There are many, many measures aimed at keeping a person safe from harm. I urge you to consider having help with this. If you have attorney help, you want to feel great safety and trust in the lawyer you choose to help you now. LEGAL QUESTION: My wife's lawyer mailed me a letter and said I have to turn over my W-2s to him - is that true? ATTORNEY TRICIA DWYER'S ANSWER: If I were assisting you, I'd need to know fuller details, and I'd want to read through the actual letter. You apparently aren't a family lawyer yourself, and starting point is rules of lawyer licensing in MN- see the MN Rules of Professional Conduct ('MRPC' - MN rules of lawyer conduct), Rule 4.3 and its Comment which state: Minnesota Rules of Professional Conduct Rule 4.3Dealing with Unrepresented Person In dealing on behalf of a client with a person who is not represented by counsel: (a) a lawyer shall not state or imply that the lawyer is disinterested; (b) a lawyer shall clearly disclose that the client's interests are adverse to the interests of the unrepresented person, if the lawyer knows or reasonably should know that the interests are adverse; (c) when a lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding; and (d) a lawyer shall not give legal advice to the unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of the unrepresented person are or have a reasonable possibility of being in conflict with the interests of the client. (Amended effective October 1, 2005.) Comment [1] An unrepresented person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when the lawyer represents a client. In order to avoid a misunderstanding, a lawyer will typically need to identify the lawyer's client and, where the lawyer knows or reasonably should know that the interests are adverse, disclose that the client has interests opposed to those of the unrepresented person. For misunderstandings that sometimes arise when a lawyer for an organization deals with an unrepresented constituent, see Rule 1.13(d). [2] The rule distinguishes between situations involving unrepresented persons whose interests may be adverse to those of the lawyer's client and those in which the person's interests are not in conflict with the client's. In the former situation, the possibility that the lawyer will compromise the unrepresented person's interests is so great that the rule prohibits the giving of any advice, apart from the advice to obtain counsel. Whether a lawyer is giving impermissible advice may depend on the experience and sophistication of the unrepresented person, as well as the setting in which the behavior and comments occur. This rule does not prohibit a lawyer from negotiating the terms of a transaction or settling a dispute with an unrepresented person. So long as the lawyer has explained that the lawyer represents a party whose interests are adverse and is not representing the person, the lawyer may inform the person of the terms on which the lawyer's client will enter into an agreement or settle a matter, prepare documents that require the person's signature and explain the lawyer's own view of the meaning of the document or the lawyer's view of the underlying legal obligations. Legal question: I want to get sole custody from my ex- but he's an addict, no address, and missing. How can I serve him? Attorney Tricia Dwyer's answer: If I were to help you, I'd need to know fuller detail. For instance, is this some sort of restraining order action such as harassment or an OFP (Order for Protection petition)? If it's what's known as a 'motion', one first step is that I'd review the existing legal documents. Legal question: My ex won't share custody until our toddler turns age 4. Can I take my child to vacation in another state? Attorney Tricia Dwyer's answer: You seem to be stating there was a divorce, and a legal paper called a divorce decree; that decree is a court order (if not, it sounds as though otherwise there's a child custody order in place). If I were helping you, one starting point may be reviewing the divorce decree itself, because sometimes specific words about the child going out of the state of MN are included. Because you raise the question, you may have some special worries or concerns about it, so, if appropriate, of course please carefully choose one attorney you feel you can trust and have confidential legal advice. CHILD SUPPORT No Court Whenever Possible Full Agreement & Settlement Establish Child Support, Paternity, Petition Reduce child support End child support Increase child support One Lawyer No mediation No 'collaborative law' Emancipation of child No 'serving spouse with legal papers' LEGAL QUESTIONS & ATTORNEY DWYER'S ANSWERS: Legal question: I am single mom of a 4 y old. The bio' dad smokes cigs' & I think he's a marijuana dealer. Bio' dad told me he's going to get custody; what's truth? Attorney Tricia Dwyer's answer: Hello. General principles are that unmarried/single mothers, by law, are Mom/parent of a child born to them; in other words, a single mom who gives birth does not have to 'prove' she's the mom. However, unmarried men's legal rights are not 'automatic' or 'presumed', but, rather, are determined through law. Some unmarried dads live with their child & provide financial (and other) support. If unmarried parents live apart, often child support happens through the MN courts, and is decided by either a Child Support Magistrate, a Court Referee or a Judge. When custody and parenting time, or visitation (supervised or unsupervised), is in issue the question is always about what is best for this child, i.e., what serves the best interest of this tot/baby/kid. Based on what you described, it sounds as though it is not helpful to YOU to be communicating with this person now; YOU are single parent, single mom, and it's best for YOU and your kid/kids that you have as low stress a daily life as possible. I suggest you consider having formal legal advice from an attorney whom you choose - if I were helping you, I'd learn fuller facts of the situation from you, and then, just as I'd want if I asked you to help me, I'd tell you straight up what seems best for you and your family. In my own work I will provide reduced fee for need. Another option is you 'wait and see', but IMO that's not the best option of the two. Take care! Legal question: What happens if a child support case has started & a parent's gotten charged with felony child abuse? Attorney Tricia Dwyer's answer: If I were helping you, fuller details would need to be known to give you general guidance - who has the kid/kids? who's the petitioner? is the child abuse about the kid/kids in the child support case? etc., etc. LEGAL QUESTIONS & ATTORNEY TRICIA DWYER'S ANSWERS: LEGAL QUESTION: I'm charged with domestic assault of my boyfriend. The judge said I can't talk to him. Legal? Not married and I'm not convicted of anything. ATTORNEY TRICIA DWYER'S ANSWER: Hello. When a person is charged with domestic assault, the criminal court judge may well make an initial order for there to be no contact. It is possible to request that initial order be changed. If I were assisting you, I'd talk with you about the details of the situation; oftentimes there may be one or more written reports, and, or audio-video. Take care. LEGAL QUESTION: I have 50 50 custody and live in a small town. My ex says he's having my house watched all the time. He said he's watching our kids, but he's also watching me & doesn't believe I live where I say I do which is none of his business. I feel fear, among other things. ATTORNEY TRICIA DWYER'S ANSWER: I suggest you stop in at the appropriate police station and make a report. If I were in your situation I'd aim to full resolution, and asap, because, as you stated, right now you lack the most basic and fundamental sense of safety, security and privacy. Protective Order, Restraining Order, Order for Protection (OFP), and Harassment Order (HRO) are possibilities. Legal question: My BF is locked in jail, Interference With Emergency Communication. He did nothing at all! Attorney Tricia Dwyer's answer: There will be written documents that describe what happened, and most often there will be audio and video. There may be one or more witnesses. For this problem, I urge your BF have good lawyer help, asap. In my work, I may privately confer with the person in jail, asap, and their family or friend arranges with me for that to happen. Legal question: I'm charged with domestic assault - my girlfriend is pregnant & she had bruises but that is because I was trying to keep her from falling on her stomach when we were having a little disagreement. Would it help if we got married?Attorney Tricia Dwyer's answer: In the sort of situation you describe, it seems likely a judge would have issued a temporary No Contact Order (DANCO, NCO), forbidding you from contacting her right now: Are you allowed to have contact with her? Legal question: I'm in the beginning process of protecting my 14 year old from her mother who lives in Michigan. Real fear of child kidnapping. Attorney Tricia Dwyer's answer: Hello. I have worked in this area of law for many years. When I give my client legal advice, each situation is unique - I talk with my client about the exact details, the exact worries and fears, the history, 'bad' that happened in the past. There are many, many measures aimed at keeping a person safe from harm. I urge you to consider having help with this. If you have attorney help, you want to feel great safety and trust in the lawyer you choose to help you now. Legal question: What happens if a child support case has started & a parent's gotten charged with felony child abuse? Attorney Tricia Dwyer's answer: If I were helping you, fullerl details would need to be known to give you general guidance - who has the kid/kids? who's the petitioner? is the child abuse about the kid/kids in the child support case? etc., etc. LEGAL QUESTIONS & ATTORNEY DWYER'ANSWERS: LEGAL QUESTION: In my apartment on the floor is a big envelope from a lawyer & I think it's divorce papers. Doesn't that have to be handed in person to me? ATTORNEY TRICIA DWYER'S ANSWER: Hello. So very sorry. This sounds like stress. First, I'd be extremely concerned who entered your home. Who else besides you has the right to enter your home? Tenants renting apartments have extremely, extremely strict rights of privacy - no landlord can 'trapse' into your apartment, and furthermore, if that happened, the landlord can face grave penalties. As to you and divorce, in my own work as a divorce lawyer, whenever possible and reasonable for the circumstances, there is no sheriff knocking on husband or wife's door, no process server banging on the door or 'trying to get into a person's apartment!', etc. In my work, whenever reasonable and possible, I help my husband or wife client form a full agreement to divorce with their spouse, all very peaceful and reasonable, no 'WWIII', no escalating any tensions or anger. And then it is only after the agreement is all set that anything about 'court', 'judge', 'court referee', 'filing', etc., etc., unfolds. If you are going to have attorney help, I urge you to choose the lawyer you want to help you now very carefully. A limited number of us may do reduced fee work for people with financial hardship, and limited lawyer help otherwise can be a wonderful option. Take care. LEGAL QUESTION: Judge has evidentiary custody trial set for 4 wks. from now. I'm trying to get a lawyer & was advised I need more time. ATTORNEY TRICIA DWYER'S ANSWER: This is a partial reply, because a full reply could easily take hours :-) First: If you are going to have attorney help now, I urge you make phone calls pronto, talk to as many lawyers as possible, and choose one att'y you feel you can trust. How many calls? As many as it takes! You are in the greater Twin Cities, 100s upon 100s of lawyers. Some of us will provide reduced fee if you have financial hardship. Second: You 'were advised'? Always, always be wary of any and all so called 'free advice'. When I help people, for YOUR protection & best interest (and mine), always, at least a very brief, written agreement in place & we are in the Attorney-Client relationship, & I give legal advice on which my Client can rely. Third: Look at your own legal papers. For an 'evidentiary hearing/trial', unless mistake happened, the Judge/Court Referee would have made a written court Order that states specific deadlines (dates), and that Order will be very, very clear & specific. LEGAL QUESTION: I let bio' dad's mother adopt my son. I had been using, but I've been clean for 5 solid years. How do me and my son get reunited now? ATTORNEY TRICIA DWYER'S ANSWER: Hello. Good for you that you've been focusing on getting and being well! (I myself have been a part of a very healthy 12 Step group for many, many years, and I support healthy 12 Step.) As to you and 'what to do', if I were helping you I'd talk over the details with you; I'd ask you about your relationship with this grandma, or lack thereof, etc. Another starting point is typically reviewing the actual legal paperwork. Know that the goal is all of this sort of law is aiming to do what serves the best interests of the child. Perhaps you want to ask for one to one help from a legal aid entity. If you want private attorney help, a subset of us may provide reduced fee for financial hardship. If you are going to have att'y help at this time, I urge you 'run do not walk' because this is bio' mom and child. LEGAL QUESTION: I've had a private agreement for 4 years with my ex. He's supposed to pay 1/2 the sports costs but he doesn't, and he usually no shows! He'll skip church and special school and church activities. Help. ATTORNEY TRICIA DWYER'S ANSWER:If it's any comfort, the specific issues you named are ones that are a part of my work as a family law/custody/divorce lawyer, and mediator. I offer you compassion. You wrote that all's private 'agreement'. If you should begin legal paperwork with the court about this, no lawyer can tell you exactly what will be determined or decided; each and every case is unique. And judges and court referees are given great discretion to discern what will serve the best interest of each child. A few general tips: I suggest you divide the problems into 2 parts, one part 'money matters', and the other part custody and what happens during parenting time. If I were helping you, I'd talk with you to get an idea of what the core issues actually are, for instance, power and control?, anger about the past?, jealousy?, passive-aggression - gaslighting?. Is one unreasonable? Any third parties, such as meddling grandparent, BF/GF, etc.? My own approach when helping a parent such as you is that I will tell you straight up what my impression is - just as if I came to you and asked you to help me, I'd want you to tell me straight what you thought. I'd tell you what I thought seemed best to do, for the situation. If I were to help you, I do my best to de-escalate, not worsen matters. If you choose to have lawyer help at this time, you may contact local legal aid if you're indigent/low income/poor. 211 is the United Way and if you tell them your zip code they ought to tell you of any special legal assistance sorts of programs for your area. In my work I can provide reduced fee to people who have financial stress, and I very much like to help my clients in limited ways that curb and contain any lawyer expense. Take car LEGAL QUESTIONS & ATTORNEY DWYER'ANSWERS: LEGAL QUESTION: In my apartment on the floor is a big envelope from a lawyer & I think it's divorce papers. Doesn't that have to be handed in person to me? ATTORNEY TRICIA DWYER'S ANSWER: Hello. So very sorry. This sounds like stress. First, I'd be extremely concerned who entered your home. Who else besides you has the right to enter your home? Tenants renting apartments have extremely, extremely strict rights of privacy - no landlord can 'trapse' into your apartment, and furthermore, if that happened, the landlord can face grave penalties. As to you and divorce, in my own work as a divorce lawyer, whenever possible and reasonable for the circumstances, there is no sheriff knocking on husband or wife's door, no process server banging on the door or 'trying to get into a person's apartment!', etc. In my work, whenever reasonable and possible, I help my husband or wife client form a full agreement to divorce with their spouse, all very peaceful and reasonable, no 'WWIII', no escalating any tensions or anger. And then it is only after the agreement is all set that anything about 'court', 'judge', 'court referee', 'filing', etc., etc., unfolds. If you are going to have attorney help, I urge you to choose the lawyer you want to help you now very carefully. A limited number of us may do reduced fee work for people with financial hardship, and limited lawyer help otherwise can be a wonderful option. Take care. LEGAL QUESTION: Judge has evidentiary custody trial set for 4 wks. from now. I'm trying to get a lawyer & was advised I need more time. ATTORNEY TRICIA DWYER'S ANSWER: This is a partial reply, because a full reply could easily take hours :-) First: If you are going to have attorney help now, I urge you make phone calls pronto, talk to as many lawyers as possible, and choose one att'y you feel you can trust. How many calls? As many as it takes! You are in the greater Twin Cities, 100s upon 100s of lawyers. Some of us will provide reduced fee if you have financial hardship. Second: You 'were advised'? Always, always be wary of any and all so called 'free advice'. When I help people, for YOUR protection & best interest (and mine), always, at least a very brief, written agreement in place & we are in the Attorney-Client relationship, & I give legal advice on which my Client can rely. Third: Look at your own legal papers. For an 'evidentiary hearing/trial', unless mistake happened, the Judge/Court Referee would have made a written court Order that states specific deadlines (dates), and that Order will be very, very clear & specific. LEGAL QUESTION: I let bio' dad's mother adopt my son. I had been using, but I've been clean for 5 solid years. How do me and my son get reunited now? ATTORNEY TRICIA DWYER'S ANSWER: Hello. Good for you that you've been focusing on getting and being well! (I myself have been a part of a very healthy 12 Step group for many, many years, and I support healthy 12 Step.) As to you and 'what to do', if I were helping you I'd talk over the details with you; I'd ask you about your relationship with this grandma, or lack thereof, etc. Another starting point is typically reviewing the actual legal paperwork. Know that the goal is all of this sort of law is aiming to do what serves the best interests of the child. Perhaps you want to ask for one to one help from a legal aid entity. If you want private attorney help, a subset of us may provide reduced fee for financial hardship. If you are going to have att'y help at this time, I urge you 'run do not walk' because this is bio' mom and child. LEGAL QUESTION: I've had a private agreement for 4 years with my ex. He's supposed to pay 1/2 the sports costs but he doesn't, and he usually no shows! He'll skip church and special school and church activities. Help. ATTORNEY TRICIA DWYER'S ANSWER:If it's any comfort, the specific issues you named are ones that are a part of my work as a family law/custody/divorce lawyer, and mediator. I offer you compassion. You wrote that all's private 'agreement'. If you should begin legal paperwork with the court about this, no lawyer can tell you exactly what will be determined or decided; each and every case is unique. And judges and court referees are given great discretion to discern what will serve the best interest of each child. A few general tips: I suggest you divide the problems into 2 parts, one part 'money matters', and the other part custody and what happens during parenting time. If I were helping you, I'd talk with you to get an idea of what the core issues actually are, for instance, power and control?, anger about the past?, jealousy?, passive-aggression - gaslighting?. Is one unreasonable? Any third parties, such as meddling grandparent, BF/GF, etc.? My own approach when helping a parent such as you is that I will tell you straight up what my impression is - just as if I came to you and asked you to help me, I'd want you to tell me straight what you thought. I'd tell you what I thought seemed best to do, for the situation. If I were to help you, I do my best to de-escalate, not worsen matters. If you choose to have lawyer help at this time, you may contact local legal aid if you're indigent/low income/poor. 211 is the United Way and if you tell them your zip code they ought to tell you of any special legal assistance sorts of programs for your area. In my work I can provide reduced fee to people who have financial stress, and I very much like to help my clients in limited ways that curb and contain any lawyer expense. Take care. |
Send a private message now (include name of other adult involved).
|
