Oct
14

Home Surveillance in the Digital Age - the Limits of Looking Beyond Your Doorway

Problems with neighbors are not uncommon. Whether your neighbor consistently parks in your parking spot, or paints their house with obnoxiously offensive colors, neighbors are likely to disagree at some point.

Respect for privacy is one of the most desirable traits in a neighbor. Of course, communities are better off when neighbors are welcoming and engage with one another, but we all have the right to privacy if we wish to exercise it. And the overall trend has been towards recognizing greater privacy protections, even while technology and social media increase access to, and distribution...

Jun
3

Seeking an Order for Protection for Domestic Abuse

An Order for Protection (OFP) is a civil order that primarily prohibits a respondent party’s contact with the petitioning party following an incident of domestic abuse and restrains the respondent from committing further domestic abuse.  Under the Domestic Abuse Act found in Minn. Stat. Sec. 518B.01 (2013), domestic abuse means any of the following acts by a family or household member: physical harm, bodily injury or assault; the infliction of fear of imminent physical harm bodily harm, or assault; terroristic threats; criminal sexual conduct; or interference with an emergency call.  A...

Nov
8

Custody Determinations and Orders for Protection - Minnesota Statute 518.17

An Order for Protection (OFP) is a civil order prohibiting a family or household member from contacting the petitioning party when domestic abuse has occurred, or there is an imminent threat that domestic abuse will occur.  A judge can grant an Order for Protection for up to two years, and there is no cost to file.  A parent can apply for an Order for Protection for herself or himself.  A person may also apply on behalf of his or her minor child if the child has been the victim of abuse or a threat of abuse exists.  The petition process itself includes a sworn written statement that...

Mar
19

The Effect of Special Findings in Protection or Harassment Cases on Immigration Status

Most attorneys are aware that a finding of guilt in a criminal matter may create a consequence for his or her client if he or she is not a U.S. citizen.  For certain crimes, pleading guilty or being found guilty at trial will cause loss of lawful status, denial of a future application of citizenship, deportation, and/or denial of eligibility for relief from removal.  What about a judicial or administrative finding, or adjudication outside of the criminal court? This is an area that is not as clear cut, and understandably creates apprehension for both parties and attorneys. 

Whenever...