72-Hour Holds Misused?

December 2, 2009

By Jennifer Moore, Family Law Attorney.

The Police Authority to Detain Individuals

In Minnesota, police have the authority to detain an individual for 72 hours if they are believed to be a threat to themselves or others. Hospitals comply with these administrative holds, because they bring in significant revenue.

Children, Teenagers, and the Handicapped

These holds are often used in cases of domestic violence involving unstable adults or teenagers, but can also be imposed upon disabled children and adults. As the step-mother of a child with disabilities, it has sometimes been difficult to orchestrate the placement of services in a way that protect caregivers as well as my step-son’s freedoms.

As a Family Law Attorney…

As a family law attorney, I have seen 72-hour holds used in cases of domestic violence. The consequences of such a hold is fairly dramatic. Jobs can be lost, relationships with children interrupted, and the “patient” put on a path of treatment and therapy that may preclude the family from a timely resolution of their separation and/or divorce. Sometimes, the danger to the family is obvious; sometimes not. It would be nice to think that authorities would not abuse this process.

Read more in the Star Tribune article, Paramedic: Cops abuse law to detain people.

By Thomas Moore, Family Law Office Manager

The Hennepin County Bar Association here in Minnesota is, obviously, an organization of, by, and for lawyers. I’m no lawyer, I just work for one (or two, or… But that’s a different story!).

Some lessons from a depression era attorney

Anyway, I was recently reading the October 2009 issue of Inside Hennepin Lawyer, the magazine of the Hennepin County Bar Association, and I found an entry entitled: “Of Bugs, Brontosauruses, and Daniel Boone.”   Quite a title, but what really caught my eye is that the two articles here are reprints from 1933. They were written in the depth of the great depression by Mr. Ben Palmer

Old fashioned thinking and the law

The first article is “Daniel Boone on Broadway,” In it Mr. Palmer points out that “Daniel Boon on Broadway is no more of an anachronism than the individual who carries the psychology of the frontier into the cooperative life of today.” We sometimes see this phenomenon in our family law and probate law practices, where someone seems blind to the reality that a divorce involves not just the plaintiff and the respondent but also, any and all children from their union. Their case also involves not just property but also the standard of living of the two sides – and that of the children. I think a law firm should strive to be the most reasonable party in the room – it should defend you, the client, but it should also bear in mind that others – especially the children – also have rights and that the adults have obligations. I think Mr. Palmer is making an important point for all of us

Rugged individualism is not an asset in a lawsuit

In the second article, “The Bug on the Brontosaurus,” Mr. Palmer refers to a nation of “streams of force – economical, social, political, religious – converging on certain focal points… The most romantic libertarian… can only act effectively through those organizations whose general goal coincides with his own heart’s desire. There is no such thing as splendid isolation.” Again, excellent point! In a divorce, child support dispute, child custody lawsuit, as well as in an alimony or probate case, these organizations that can be used for the outcome you seek include the law, the courts, your own attorney, and the opposing party’s lawyer. Otherwise, your case and the outcome you seek, will pass away to become as extinct as the once-mighty brontosaurus.

Read the article! I think you’ll find this wisdom, and much more, in it.

Mr. Palmer concludes that “There is no such thing as splendid isolation… It is adaptability, and not merely strength, that counts.” Again, read the article! Mr. Palmer makes his point with much more grace, and brings to bear much more experience, than can I.

By Jennifer Moore, Family Law Attorney.

I ran across a review for the movie Couples Retreat. The review makes it sound like the movie might not be worth the price of a matinee, but I wholly endorse the concept of marriage counseling.

There really are couples retreats out there that might help a marriage stay together. For example, there is a retreat in Vermont called “Marriage Quest“, and in Sedona, there’s a couples’ retreat called “Sedona Soul Adventures – a place I’d certainly like to go some day!

You don’t need a vacation therapy retreat, though. Marriage counseling with a licensed professional may be just as effective. You can obtain a referral from your family physician or therapist. One local therapist here in Minnesota who offers marriage counseling is Janet Schlegel, located in the northwestern suburbs of Minneapolis and St. Paul.

By Jennifer Moore, Family Law Attorney.

The New York Times has compiled a list of big-picture financial considerations you should make during your divorce. Our experience suggests that these are mostly good suggestions, although we do believe that the best way to proceed is with the advice of a lawyer or an attorney, who will be experienced in structuring financial settlements with these concerns in mind.

By Jennifer Moore, Family Law Attorney

When you owe a debt to the government, they may intervene in your divorce to collect. Consider the case of Walter and Caren Forbes, who were married 27 years. Walter was the former chairman of Cendant Corporation, who was sentenced to 12-1/2 years in prison for the largest financial fraud of the 1990’s. When his wife Caren filed for divorce earlier this year, the federal government intervened in the divorce to collect money owed pursuant to an Order of restitution against Walter. The divorce may result in the receipt of billions of dollars in restitution.

Read more in the full article in the Star Tribune.