We are a full service family law firm and represent clients in a wide range of issues, including but not limited to: adoptions, protection orders, juvenile proceedings, guardian ad litem/court visitor appointments, parenting coordination, and representation in guardianship and conservatorship proceedings.
JUVENILE LAW & ADOPTION
VWLF assists clients with step parent adoptions and adoptions from foster care. We also represent clients in juvenile court or child in need of assistance proceedings involving child abuse and/or neglect. The Iowa Children’s Justice Program has put together a Handbook on Juvenile Court for Parents and the Iowa Foster and Adoptive Parents Association “IFAPA” also has a useful publication related to child abuse and neglect proceedings in Iowa titled Foster Parents and the Courts.
The Minnesota Department of Human Services has provided a Parent Guide to the Juvenile Court CHIPS Process. They have also published a Guide to Court Proceedings for Foster Parents that helps explain the Minnesota Juvenile Court process. Additional resources can be found at the Minnesota Judicial Branch website, including the form to apply for a court appointed attorney.
PROTECTION ORDERS
In general, to qualify for a protection order you have to fall within a certain category of people (for example a spouse or ex-spouse or persons in an intimate relationship who are living together). In addition, there must be an assault.
Each state offers pro se forms (they can be filed without an attorney) for people to obtain protection orders.
Minnesota – Petition for Order of Protection (OFP) and instructions
Minnesota law also provides for a harassment restraining order (HRO). Under Minn Stat. 609.748 harassment includes: “(1) a single incident of physical or sexual assault, a single incident of harassment under section 609.749, subd 2, clause (8) [uses another’s personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with the person], a single incident of nonconsensual dissemination of private sexual images under section 617.261, or repeated incidents of intrusive or unwanted actions, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target; (2) targeted residential picketing, and; (3) a pattern of attending public events after being notified that the actor’s presence at the event is harassing to another.” Click here for the form for a Petition for Harassment Restraining Order and instructions
Iowa – Petition for Relief from Domestic Abuse
Nebraska – Petition and Affidavit to Obtain Protection Order
Nebraska law also provides for a harassment protection order. A harassment protection order does not depend on the relationship between the parties but requires a number of contacts that seriously terrify, threaten or intimidate the victim with no legitimate purpose. Click here for the form for a Petition and Affidavit to Obtain Harassment Protection Order
South Dakota – Petition and Affidavit for a Protection Order (Domestic Abuse)
South Dakota code provides for stalking protection orders when a person’s acts of harassment seriously alarm, annoy or harass another person. The person against whom you seek a stalking order must have: (1) followed or harassed you in a willful and malicious manner and have done so more than once; or (2) made believable threats against you with the intent to make you fearful of great bodily injury; or (3) harassed you in a willful and malicious manner by means of verbal, electronic, digital media, telegraphic, or written communication and have done so more than once; or (4) you have suffered physical injury as an assault or crime of violence. The person must intent to carry out the threats and have the apparent ability to do so. Click here for the form for a Petition and Affidavit for Protection Order (Stalking).
