Minnesota Questions & Answers

Q: My vehicle was broken into while at a repair shop. Who is responsible for damages and theft?

1 Answer | Asked in Consumer Law and Criminal Law for Minnesota on
Answered on Feb 19, 2018

It depends on the contract that you signed with the repair shop. Oftentimes, there is a disclaimer that removes any liability from the repair shop for lost or stolen items. I would take a look at that and see what it says. That should then drive your future approach.
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Q: Can I call the police, if 30 dollars was taken from me by a household member that is 17?

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Feb 19, 2018

Of course you can. The minor could be charged in juvenile court for theft.
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Q: Ok so my ex bf now is in jail waiting his sentencing but the judge put a domestic restraing order on him can I see him

1 Answer | Asked in Domestic Violence for Minnesota on
Answered on Feb 19, 2018

You can talk to him, but he cannot respond or talk to you. If he does that is a violation of his conditions of release and in all likelihood a new crime. I would avoid him until that restriction is lifted. It is fraught with danger and you run the risk of placing him in more trouble than he is now.
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Q: If the mother of the perpetrator contacts the victim and asks her to change the restraining order, is that a violation?

1 Answer | Asked in Domestic Violence for Minnesota on
Answered on Feb 19, 2018

This is not a violation of the order unless the order prohibits the mother from contacting the soon-to-be ex-wife. Arguably, the soon-to-be ex-husband could be charged via third party contact. However, if he is in jail and the phone calls/visits are recorded, it should be clear whether he was involved in his mother showing up. If he wasn't, no one can be charged.
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Q: I pay $1,800 plus 1/2 of extracurricular. Is that part legally enforced? What defines extracurricular? VB camp? Piano?

1 Answer | Asked in Child Support for Minnesota on
Answered on Feb 15, 2018

It appears you have a valid concern. If there is a provision in the Judgment and Decree relating to these expenses, than that would control. If the J&D does not address this issue and the matter is then brought before a judge, there are a # of considerations the court would take into consideration before ruling on this issue. In any event, certainly she should not incur expenses without your knowledge and consent unless the J&D expressly states she can.
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Q: Want to go back to my maiden name and hyphenate my son (3)to my maiden and my ex’s last name. Will a judge allow it?

1 Answer | Asked in Family Law for Minnesota on
Answered on Feb 15, 2018

To seek a name change for your minor child, you will need to follow the correct procedure. The following link provides the forms and instructions you would need if you plan to seek the name change for your son without an attorney: www.mncourts.gov/Documents/4/Public/Forms/Name_Change_Minor_Sept_2014.pdf
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Q: Can we sue someone for scaring us by a car?

1 Answer | Asked in Car Accidents, Workers' Compensation, Constitutional Law and Health Care Law for Minnesota on
Answered on Feb 14, 2018

Did you report him to the police? Seems it violates several code sections. Can you sue him? Technically yes, but as that type of case is frowned on by the Courts I doubt it. If you have ptsd then see about having it documented.
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Q: my ex started a gofundme page for my daughter's medical expenses. I pay 62% of med bills. Can I get part of that money

1 Answer | Asked in Family Law and Child Support for Minnesota on
Answered on Feb 13, 2018

All of the money should be going towards the medical bills if that is what the page was created for - not to you and not to your ex. In fact, if either of you profit from this personally (rather than pay off the bills) a crime may have been committed.
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Q: If moving violation is not checked off on probation form can they use one against me if I get one during probation?

1 Answer | Asked in Traffic Tickets for Minnesota on
Answered on Feb 13, 2018

Conditions of probation (or a stayed sentence) must be articulated by the judge at sentencing. The description here, of a speeding conviction with one-year "probation" is problematic since most speeding tickets are petty misdemeanors for which probation is not possible, since they are fine only violations. A tiny percentage of speeding cases are charged as misdemeanor crimes, with a maximum 90 day jail sentence - so probation is possible for those. Many people are unaware of the exact...
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Q: Is it legal for a currently employed law enforcement officer to hold elected public office in the state of Minnesota?

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Answered on Feb 12, 2018

It fall under conflict of interest, therefore, two distinct offices cannot be held by one person.
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Q: What is the penalty for underage drunk driving?

1 Answer | Asked in DUI / DWI for Minnesota on
Answered on Feb 9, 2018

Where you arrested and taken to jail or police station? Underage drinking and driving is a misdemeanor, which means up to 90 days jail and $1000 fine. If you’re interested in a plea bargain, often you can negotiate a result with little or no jail, and a lower fine.
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Q: His attorney has asked me to send her my pay stubs, taxes, w2 etc To modify child support

2 Answers | Asked in Child Support for Minnesota on
Answered on Feb 9, 2018
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Q: What takes precedence at death, the will or the papers from financial planning?

2 Answers | Asked in Estate Planning for Minnesota on
Answered on Feb 8, 2018

Depends on what those 'papers' are. A beneficiary designation for a specific account? Then it is what controls.

Notes from a discussion? That means little.

To provide a real answer however, you're going to need to speak with a local attorney who can read EVERYTHING and make a judgment about what controls.

--This answer is provided for informational purposes only and does not create an attorney - client relationship. If you need legal advice you should consult with a...
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Q: My ex wants to half alimony since starting LTD. Can he? He makes over 200k, and has lots of assets.

1 Answer | Asked in Family Law for Minnesota on
Answered on Feb 8, 2018

I would need much more information such as the underlying Judgment and Decree and/or other Court Order re: the alimony provision and more facts re: your expenses and his expenses etc.
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Q: I have been on a personal six month leave of absence due to a suicide attempt. Now ready to return to work, my employer

1 Answer | Asked in Employment Law for Minnesota on
Answered on Feb 8, 2018

It's not necessary to disclose specific details rather should confirm leave because of illness in a broader sense provided symptoms have been neutralized and does not overcome in the future.
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Q: We would like to use "Born to Sparkle!" on a shirt for a fundraiser. "Born to Sparkle" without the "!" is registered.

1 Answer | Asked in Trademark for Minnesota on
Answered on Feb 7, 2018

The pertinent question to ask when analyzing possible trademark infringement is whether or not there would be a reasonable likelihood of confusion between the two marks. So, ask yourself if leaving off the exclamation point would make it so a potential customer would not be confused that your products were separate from those with the registration.

With that said, note that trademarks are specific to the type of goods and/or services with which they are offered. You don't say what...
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Q: My ex is not a good dad or person. He's slapped his other two girls alot when I was with him. If he tries for parenting

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Answered on Feb 7, 2018

The Court will determine parenting time after considering what is in the child's best interest based on the factors set forth in Minnesota Statute Section 518.17. Based on the information you have provided, it appears there may be good cause to seek supervised or restricted parenting time.
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Q: If you get paid 3 checks in one month can they take child support out of your 3rd check

1 Answer | Asked in Child Support for Minnesota on
Answered on Feb 7, 2018

Generally most child support Orders provide for a specific dollar amount to be paid on a monthly/semi-monthly or weekly basis and they then calculate the amount that is taken out of each check, depending upon how the individual is paid so that at the end of the year the total Ordered Child Support equalizes the amount ordered. Therefore, generally the same amount is taken from each check, no matter if there are 4 or 5 checks per month.
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Q: What if my sons father is not following our stipulation agreement? Child support, his portion of expenses, etc....

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Answered on Feb 6, 2018

If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in contempt for non-payment of support.
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Q: Trademark Help

1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Answered on Feb 6, 2018

You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a determination.
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