Groshek Law Blog

Assault charges don't always mean you actually hurt someone

Assault is a basic term for a violent crime that causes physical injury to another person. However, despite what many people might believe, assault charges don't just stem from hitting, kicking, biting or otherwise causing bodily injury to another person, at least not in Minnesota.

Instead, it is possible for you to face assault charges without ever putting your hands on another person. That is because Minnesota assault law doesn't just cover acts of physical violence but also threatening or intimidating words or behavior intended to cause fear of death or physical injury in another person. The words you use could be grounds for assault charges, as could your body language or behavior.

In divorce, what to do with the house?

For many divorcing couples, the family home is the largest asset that you will need to divide. It also presents some unique challenges for the divorcing spouses.

For instance, if there are young children, the parents may not want to disrupt their stability by forcing the kids to move and get used to a new home, neighborhood, perhaps even school district. Yet, allowing one parent to retain the use of the home may rankle the other parent who does not benefit from its use and shelter. What can be done?

What options do you have when police want to enter your house?

When law enforcement officers come knocking on your door, it is common to feel panicked even if you don't believe you have done anything to break the law. People can make bad decisions when they're nervous, leaving them vulnerable to mistakes that could have serious consequences in the future.

Don't let your nerves or a misplaced sense of kindness push you into a dangerous position during an interaction with police where they ask to come into your home. Knowing your rights and how to stick up for them can help you avoid unnecessary legal risks that could stem from letting the police into your home.

How do you keep a juvenile offense from ruining the future?

Anyone who pleads guilty to a criminal charge or winds up convicted in court has to deal with the consequences of a criminal record. Although at first glance, criminal records may seem like a minor inconvenience, in reality, it may infringe on someone's freedoms or personal advancement for many years to come. Everything from schooling to jobs becomes complicated when you have a criminal record.

If you have a criminal record related to a juvenile offense or if you are responsible for someone with a juvenile record, you likely have an interest in minimizing how long that record remains public. Thankfully, there are potential options for those in Minnesota with a juvenile record who want to move forward with their lives.

What do you do when you receive notice of an IRS audit?

Every year, when you file your taxes, you incur a small amount of risk that your tax file will be one of those selected randomly for an audit. Certain red flags may increase the likelihood of facing an audit, but it is generally impossible to predict who will face scrutiny for their tax return and who will not.

If you receive a letter in the mail from the IRS advising you of a pending audit, don't panic. By following a few simple steps, you can give yourself the upper hand in what many people consider to be one of the most stressful experiences of modern American life.

Why do you need an attorney for a juvenile criminal offense?

The juvenile justice system exists in part to protect minors who make questionable legal decisions from lifelong consequences related to those mistakes. The focus on these programs is generally to minimize the penalties for minors. Juvenile justice is usually about rehabilitation, not punishment, but that doesn't mean that juvenile convictions aren't a serious matter.

Given that the consequences for juvenile justice convictions may seem less serious than the penalties associated with adult criminal charges, some adults with children facing criminal charges may mistakenly think that they don't need to take their child's pending juvenile charges as seriously as adult criminal offenses.

Will your spouse's affair help you during your upcoming divorce?

A spouse who conducts an extramarital affair can do permanent damage to the very foundation of trust upon which a marriage is built. It is often impossible for couples to recover from the destruction that results from the discovery of adultery.

Although couples may attempt to forgive and forget, the long-term damage may prove to be too difficult to overcome. If you now realize that you are on your way to divorce thanks to your spouse's philandering ways, you have likely started to wonder how an affair will affect your divorce. Familiarizing yourself with Minnesota's family laws can help you understand.

These signs may point you toward divorce

No one looks forward to starting the divorce process, but if your marriage is on the rocks, you may begin to think about what the future will bring. It's important to pay attention to the many signs of impending divorce, as these may give you the time you need to save your relationship.

Here are five signs that often lead couples to divorce:

  • You are often unhappy: When you're in a good marriage, it has the power to lift your mood. However, as the years go by, you may find that this is no longer the case. If you and your partner no longer see eye-to-eye, there's a chance your unhappiness will lead to divorce.
  • You argue more often and about more things: Every married couple has disagreements and gets into arguments. If this has turned into an everyday occurrence, assess what's happening to decide if there's any way to fix the problem.
  • You try to avoid your partner: Maybe you stay at work after hours so you don't have to face your partner at home. Or maybe you always find excuses to hang out with your friends instead of your spouse. If you're seeking reasons to avoid your partner, instead of spending time together, it may be a sign that your marriage isn't healthy.
  • Your loved ones are asking questions: If your family and friends notice a problem with your marriage, they may bring it to your attention. Furthermore, if they urge you to get a divorce, there may be something going on that you've yet to see.
  • Your gut is telling you to flee: Sometimes, you get a feeling deep down inside that you need to make a change. If your instincts are telling you to get out of your marriage, it may be time to take drastic action or be prepared to listen to your gut.

How Minnesota courts deal with the family home in a divorce

A divorce is a time of significant change in your life. In addition to ending a defining relationship in your life, you will also likely have to experience changes in your housing situation and your relationship with your children.

It is perfectly normal and natural to seek sources of comfort and stability during this uncertain time. For many people, the ability to stay in their family home is the simplest and most satisfying form of stability during a divorce. However, especially if you and your spouse both want to maintain the family home, the courts may have to decide what to do on your behalf.

How long has it been since you updated your will?

Creating and maintaining a strong estate plan is an important priority for just about every adult in America, regardless of how much personal property a person possesses. However, for those who have significant estates or those with substantial debt with which they do not wish to trouble their beneficiaries, a strong estate plan is essential.

In most instances, the heart of an estate plan is the creator's last will. While it is arguably better to have an outdated will than no will at all, those who do not regularly review their wills and update them may generate costly problems. When it comes time to read the will and disperse the creator's estate according to the wishes laid out in the document, a will that has not received regular review and updates may cause serious complications, ultimately draining the value of the estate and potentially causing conflict between beneficiaries.

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