Title: cleaners overcharged and threatened me with subpoena

Question:
Hello,

I've never been sued before, so I am wondering what to expect here.  Asheville, NC

I hired cleaners to clean an empty unfurnished 3BR house.  They quoted me at a rate of $45/hr, sent 2 people, stayed under 4 hours, apparently 2 people arrived while I was gone.  The final bill was for 13 man hours, $546.

When I received the bill, I said it was preposterous, and asked, on what planet does it take 13 hours to clean an empty 3BR house.  I asked for some accounting of what was done and why it took so long.  The owner of the company was evasive and defensive about this, and gave no explanation, other than to say he was a professional cleaner and I shouldn't tell him how to do his job.

I offered a fair price for the job, $250.  He says I'll be receiving a subpoena.  Additionally, he called me out by name on google reviews, accusing me of blackmail, and saying "some people want something for nothing."

I have a long email thread where I ask the owner several times to describe what was done, and how long it took, and she repeatedly evades the question, eventually saying, "I'm not having this conversation."

Can anyone tell me what to expect in the future?  In court?

Answer:
 It is exceptionally unlikely that you will be sued over this has threats are a dime a dozen and lawsuits are relatively rare over this kind of thing, but if you do, the cleaner will have to document the time spent as billed, and most small claims magistrates will have enough common sense to realize that $546 involving 4 cleaners for a small house is an outrageous overcharge. Lesson learned here is to just negotiate a flat rate for this kind of thing to prevent billing disputes after the fact.Answer #2: Based on the fact that he said you will receive a "subpoena", it sounds to me like this person doesn't understand the law.  Send them a letter asking for a specific accounting of who (by name) spent what time in the house, and what they did.  Offer in writing to pay $x.  If they sue you in civil court, then you can post back here.

You could include with your letter a check with "paid in full for cleaning of xxx Elm Street on xx/xx/2018" written in the memo area and a statement in your letter that cashing the check is their agreement that the services are paid in full.


Title: [TN] Drunk driver hit & totaled my parked car, his insurance won't pay enough to fix or replace

Question:
So here's my story. I bought a 2001 Volvo V70 on April 16th for $3950. It was in excellent condition engine-wise and cosmetically, and it is completely paid off already. I drove it until the 1st of May, when I was parked in the parking lot of a restaurant while inside the building eating. A man who was drunk hit my car and 3 others and attempted to flee the scene. He made it to a local grocery store where he abandoned the vehicle and was caught soon afterwards.

My Volvo sustained only cosmetic damage to the tune of (according to the body shop price) $3250. His insurance, of course, totaled the car after inspection, but agreed that there was no prior damage to the car. They looked at "comparable vehicles" and offered me $3500 if I allowed them to salvage it, or $2900 if I wanted to keep it. I refused this offer, as it's not enough to fix it if I keep it and not enough to replace it if I don't, then called my insurance to check where they valued it. They gave me an estimate of $4025. When I showed this to the drunk driver's insurance, they told me their prices were not negotiable. I have been unable to retrieve any information on the vehicles they are considering comparable.

I'm not trying to make a profit off of this ordeal, but I don't think I should have to pay for the privilege of having the car I just bought rammed into by someone that couldn't quite manage to call an Uber cab. Is a lawyer my only option in this case?

Answer:
 That sounds like a more than fair offer for a 15 year old car, but in TN you can sue for up to 25k in small claims court, but you're only entitled to the fair market value. Have you researched what this is? You can sue the driver directly.Answer #2: It does not seem they are off:
http://www.carfax.com/vehicles/Used-Volvo-V70--37115/no-accidents/year-2000-2002/range-500

I would take the high listing and provide these to the insurance company.  If they refuse to increase their offer you can take the individual to small claims and the insurance company will have to defend.  For $450 you have a very good chance that the insurance company will concede.

That being said, it is a lot of hassle for $450.


Title: A friend of mine just lost out on buying a house

Question:
A friend of mine just got some bad news about a house he was trying to buy. The owners were going to sell by owner and his realtor was handling his end as far as the buyer.  The house was about to be foreclosed on but the realtor assured my friend that the bank would not start a foreclosure process if there was a pending offer. They came to a price agreement and my friend signed papers as did the sellers. The appraisal, which my friend paid for out of pocket, stated that some repairs had to be made in order for the appraisal to meet the requested mortgage. The owners agreed to make said repairs and a closing date of October 10 was set. He just got a call from his realtor today that bank of America, the current mortgage holder, was going to start the foreclosure process tomorrow and that he couldn't buy the house with his current offer, he'd have to wait for it to be foreclosed.  I'm wondering, is there any legal recourse for my friend who has already spent 1000 dollars on appraisals and other costs at this point?  Why did the bank start a foreclosure if there was a pending offer?  Was my friends realtor wrong about that as it now seems?

Thank you

Answer: Get your realtor to contact the bank about this and your friend might be able to purchase the house at a reduced rate from them instead of the owners. Or even if both realtors could deal with the bank they might do something with the foreclosure process.


Title: [NJ] My girlfriend claimed my alcohol when we were pulled over, we were both 20 but I don't want her to deal with the consequences of my actions

Question: We are both 20, we were pulled over because my headlight was out, we had a bottle of wine in the back seat. When the officer asked who's it was she said it was hers, because I have 10 points on my license and she didn't want me to get my license suspended. I didn't say anything at the time because I was really nervous, but now after looking at the consequences she could face, and how her license will be suspended. I can't just let her take the fall. Is there anyway I could have the charges transferred to me?

Answer:
 1: both lawyer up with separate lawyers.
2: stop breaking multiple laws at the same time
3: learn to drive betterAnswer #2: > Is there anyway I could have the charges transferred to me?

I'd start by getting in touch with a lawyer and following their advice. Your girlfriend should do the same and it should be a different lawyer. Even if you both are on the same page, the same lawyer can't really advocate for one paying client while throwing another paying client under the bus.


Title: Is an undocumented immigrant In the United States able to be represented by a court appointed attorney before an immigration judge?

Question:
Topic:
Immigration

Answer:
 I don't think you're entitled to free counsel for deportation hearings. If you hire someone they absolutely need to let the lawyer represent you. It's considered a civil matter so the government is not obligated, and does not, provide people in this situation with a lawyer.

&#x200B;


Title: Lets theoretically say I own a patent to a very common object that many companies are using without my permission.

Question:
[deleted]
Topic:
Intellectual Property

Answer: Talk to a really good patent litigation law firm.  Have them evaluate your chances.  See if they want to take it on contingency (if your case is as good as you think it is, they do.)


Title: Accident victim wants to sue closed estate

Question:
Hi everyone,

My father passed away in May of last year. I hadn't been in contact with him for quite a few months before he passed - Today I got a call from USAA (my dads insurance co.) saying that he had been in an accident and one of the people who's car he crashed into was seeking $300K and he only had $100K of liability coverage. This is at least a year and a half after the accident although I don't know the exact date of the wreck. I wasn't even aware he had been in a wreck until today. The estate closed in January of this year. My question is, since the estate is closed, do I have anything to worry about? He did have assets that transferred over to me including an IRA and a house.

I'm waiting on a letter from USAA and hopefully that will give me more information.

My title said that they want to sue the estate. I wasn't sure how to title it but I'm not even sure if the person seeking the money knows that my dad passed away.

I'm in Washington State

Answer: It depends. Did the person who handled his estate, the executor/personal representative, have knowledge of an accident, and if so did they notify the victim  - a potential creditor - of the probate process and give them an opportunity to put in a claim?


Title: I need help fighting a speeding ticket and a provisional license ticket

Question:
CALIFORNIA CALIFORNIA CALIFORNIA

I got clocked at 82 mph in a 65, and I had a passenger in the vehicle. I'm 17 and turn 18 in 7 days.
If it matters, my vehicle's speedometer is not working properly. It shows about 5 over always, so it is incorrect...

Obviously there's no guarantee if I can get out of this. How much does it cost to fight it, if I fight it will my insurance forgive me? I pay really little for insurance so I'm trying to maintain that.

Answer: What exactly are you trying to fight? Not to mention, your speedometer would've read 87, so you probably shouldn't bring that up.


Title: I'm writing a book and using the first rule of fight club because it has to be included. Do I need to get permission and if so from whom

Question: Forgot to add that I'm in the United States

Answer: Sorry, we can't help you. You see, the first rule of giving legal advice is that you don't give people legal advice…Answer #2: Chuck Palahniuk is usually pretty friendly with that kind of thing, but it wouldn't hurt to reach out to him or his team to make 100% sure no one is going to have a problem with this.


Title: My sister required three staples to the head after being hit with an empty beer can during a concert

Question:
My sister was at a concert at a popular venue in New York City. She was close to the front of the concert, by the barriers, when one individual decided to throw their empty beer can towards the stage. She was hit in the back of the head, began bleeding, and was treated by the onsite medical staff. Later in the night she went to the nearest hospital and received three staples to close the wound. Does the venue hold any liability for the incident? Is there any merit in pursuing legal action?

Thanks

Answer: No, since the venue didn't throw the can and they had no reasonable way to prevent such a thing from happening. You can contact the venue and ask for any recordings they have to help ID the thrower, and possibly pursue action against them. But your legal options against the venue are basically nil.


Title: Housemate has been lying to us for four months about what he has been paying for rent

Question:
CALIFORNIA

My four housemates and I just found out that our sixth housemate has been lying to us about how much he has been paying for his single bedroom. We live in a college town, which makes it an extremely difficult and often frustrating situation trying to find housing. Singles are in very high demand so they can be very expensive. Our sixth roommate initially told us that he would be paying around $1175 for his single, while my roommate and I -- who were placed into the smallest double (think one foot wide space between beds) --  would be paying $700 each, while the two girls across the hall in the master and a boy in the living room are paying $800. We never confronted Six (our sixth roommate) about it because we all grew close over the months and trusted he was pulling his weight for rent for his single -- since none of us get to enjoy that level of space and privacy, he deserves to pay more.

It turns out, he pays $670 (not including utilities) which is less than what my roommate and I have to pay, which is mind blowing. He has been lying to each of us for the past four months (or past four rent payments) because we were under the impression he would be paying $1175 like he said (we have proof) in our facebook messages. I am now blocked by Six.

When we confronted him yesterday, the last day to pay rent for the month, he basically told us he felt comfortable paying less than the two of us (my roommate and I) -- that have the smallest amount of space and privacy -- because he set up getting the room and also because he apparently saved us at least $13,000 for the year's lease. One of my roommates went to speak to the housing managers for the building today and she said that our room's rent got knocked down from $4800 to $4400, so that simply doesn't add up.

He stonewalled us when we confronted him yesterday, and that's what we're expecting from tonight. In the case that he does this again and tries to make this problem go away, we want to take legal actions. What are our rights?

Extra info: he is not the master tenant; all six of us are equally on the lease. By the time the other five of us moved in, he was the most familiar with management since he lived in this same apartment complex over summer -- this is why we did not ask questions about our total rent, although some of us had been noticing discrepancies in our monthly dues / utilities.

Also important: he is an avid spender on frilly things (hair system (google it), going out to eat more than 3 times a week, a new $500 camera, buys alcohol for parties), yet he told us upfront upon confrontation that he can "not afford to pay more than $800 a month).

Please let me know if you have any questions or need clarification.

Answer:
 The only question I have is: is your unit rent controlled?

If it isn't, you have absolutely no recourse. This isn't the level of dishonesty that could give rise to fraud claims, honestly: you were offered a price for your room, had the chance to inspect the room and evaluate that price, and took it - what someone else is paying for another room doesn't really enter into it, and so a lie about that fact shouldn't have influenced your decision.

Your sole option, if you're not in a rent controlled unit, is to vacate at the end of your lease term (with the normal amount of notice) and let him find new roommates.Answer #2: He cut a better deal than you did.

You can try to negotiate a better deal with whomever you rent *from* but there is no fairness or equity guaranteed- someone can charge whatever they like.


Title: The nice green space outside my apartment is now a construction site. My landlord failed to tell me when i signed. Is there anything I can do?

Question:
I recently moved into my apartment in august and a signed a year lease (Wisconsin). When i signed, my landlord mentioned nothing about the high rise that is getting built TEN FEET from my window. Is there any legal action that I can take? am I forced to be woken up at 7 every morning to my apartment shaking? I am stuck in my lease until next august. please help.

Proof: [Oh hello.](http://i.imgur.com/5zXr7MH.jpg)

Answer:
 How do you know your landlord knew anything about it at the time? If it's on someone else's property, your LL probably wasn't paying attention to the zoning permits. He's not required to.

And the answer to your question is no, you are stuck. Legal construction next door is not a reason to break your lease.Answer #2: How do you feel your lease has been violated? It's not your landlord doing the construction right?


Title: Florida: Neighbor vandalized car, has nothing to his name.

Question:
Hey guys!

My neighbor took it upon himself to redecorate my car with his foot in the middle of the night last night. The dude owns nothing, he's really got no money at all. He's also a very violent individual. He's mooching off his girlfriend downstairs, who watched him kick the crap out of my car and did nothing.

So, what can I do? I have a witness but is it worth it to press charges on someone who can't even afford to pay the damages? I was thinking about just taking my insurance deductible and getting it fixed once I get the fuck out of the apartment complex. Dude is super dangerous. I talked to the landlord and he agreed to help me break the lease.

Anyway, here's the damage: http://imgur.com/gvKgqTu

What do you suggest I do?

Answer:
 Given this situation, I would just go through your insurance company.  Your insurance company will go after this guy and will even be able to get your deductible back.

Upvotes for your landlord letting you get the hell out of there.


Title: My partners ex altered custody agreement after getting his signature on divorce papers.

Question: So my partner is going through a divorce, he lives in Texas, his ex and Daughter moved to Utah, he works 6 days a week, flies up there and stays in a hotel for a week as and when he can, to spend time with his daughter. Divorce seemed to be going smoothly, custody agreement stated he would get his daughter every summer and every other holiday. He signed and thought that was that. Then he got an email today saying divorce was final but when he read through it the custody agreement had been changed and now said that he gets his daughter every weekend from friday to Sunday night. His ex knows he cant fly up there every friday when he works most Saturdays. He messaged her to question this and she admitted she changed it because she was scared he was going to move to the uk to be with me (which actually would allow him to see his daughter more as we get 5/6 weeks of paid annual leave each year from work so he could fly to see her and pick her up/drop her back in summer etc and his current job only allows 10 paid days leave annually) but we havent yet decided where we are going to settle eventually, not that it's relevant because she was happy for him to fly her 6 hours to Texas but not 9/10 hours to uk? My main question is, can she do this without consulting him? He still has his copy of the original agreement he signed, was never approached about any changes being made, and never signed anything other than the original copy. I'm just so upset because we were all getting along so well and I was genuinely hopeful that we would all have a great relationship and be great co-parents and do the best for the kids.

Answer: What she did is not legal, but you'll need a lawyer to fix it, which you absolutely should do asap. Make sure to keep the original signed order and definitely her message admitting she changed the order after he signed it without consulting him.


Title: My step dad recently assaulted me. My mom won't do anything about his violent tendencies. And I'm financially dependant on her. What are my options legally for staying safe?

Question:
So, me and my step dad don't like each other, to say the least. He's a walking example of almost every negative stereotype about the south combined into one, sure. I think it's stupid, but I don't bother him about it. He has a tendency to try to start shit with me though. A few examples include:
\- harassed me in attempts to get me to drop out of college

\- harassed me to try to get me to go cold turkey on all my meds
\- harassed me for being transgender
\- tried to start fights on numerous occasions, but in most cases tried to get me to make things physical (I didn't, because I'm not stupid)
These, I've tolerated so far, because from what I could tell, there was nothing I could do about it, and other than calm him down when he's ready for a fight, there's nothing my mom was willing to do. Recently however, I had an incident.

The story: So, my mom told me to mow the lawn, I told her I wasn't feeling up to it, and my step dad called me sick in the head. I responded by calling him a degenerate sack of shit, and left the porch, heading back to my room.
He yanked me by the shirt full force, and held it in his grip while he screamed in my face about how I'm the real degenerate for "wanting to grow tits". My first reaction was to try to break his grip. Judging from his body language, how furious he was, the force by which he yanked me, and his death grip on my shirt, it became obvious that he was about to try to beat the shit out of me.

Normally in situations where he tries to fight me, I just retreat to my room, text my mom, and she calms him down. Being stuck in his grip through, running wasn't an option. So I started punching him repeatedly full force. Basic fight or flight instincts. My hits aren't usually strong, but I wound up damaging some muscles in my thumb, and spraining some in my shoulder doing that, but in the heat of the moment I didn't care. He tried to punch me, but I softened the blow with my arm. After which, he caught mine, and while we wrestled, I backed up to the couch, and used it as leverage to kick him and put distance between us (I have long legs that are much stronger). After that, my mom stepped in between us and broke up the fight.
I am financially dependant on my mom for food, shelter, and college. Simply leaving isn't an option. I'm thinking that next time he tries something like that, I should probably call the police instead. What are my options for legally ensuring my safety in the meantime?

I live in New Jersey, if state law is relevant. Also, I'm 20, if age is relevant.

Answer:
 > So I started punching him repeatedly full force.

Sounds like you assaulted him. That is more than self-defense would have needed.

You can call the police and report the assault. I'd wager you're the one that gets arrested and gets a restraining order though

Don't be surprised if mom chooses her husband over you and it results in your not being able to stay there anymore.

Maybe, if you need your mom (and therefore your stepdad - they are a pair) just mow the damn lawn next time.


Title: Church assisting political group. What could go wrong?

Question:
My church (mainstream religion) has a policy of letting "community groups" use their facilities for meetings. Yesterday one of my friends stopped by to drop something off and found that a "antifacist" group was having a meeting there to plan a political protest on 11/4. There was a large sign of the lawn announcing the protest next week.

She was told that since they are a "community group" they are allowed to use the facilities. I looked the group and their mission is to "Drive out the Trump/Pence regime." I'm pretty apolitical and want my NFP organizations to stay that way.

I know churches and other not for profit groups need to stay away from political activity in order to protect their NFP status. Is the church endangering their tax status by supporting a political group in this way?

Sorry - location is Illinois

Answer: How are they supporting them? Renting out space is not support. It is business.


Title: Cops searched for weed

Question: [removed]

Answer: You already posted this and, if I remember correctly, got proper responses. Why are you posting again?


Title: Doctor Refusing to Sign Death Certificate for my Father

Question:
Never expected to post here, and yet, here I am.

FL resident if that helps clarify things.

A few months ago my Dad was diagnosed with Cancer, during that time we had a whole host of issues communicating with the Hospital before we could even begin treatment. However that isn't really why I'm here, he just had his funeral a few days ago, after finally giving in his struggle.

And as devastated and upset as I am, there are many things that need be done, because I cannot afford to let things fall apart for my mother.

Currently we are trying to get his cremation finished, however the Doctor(he was in the ICU of the hospital at the time) at the time of his death, refuses to sign his death certificate.  And because of this, the funeral home cannot proceed with his cremation, stalling his both the receival of his ashes for the family, as well as preventing us from moving on, financially and legally.

When we called the office of the Doctor, we we're informed that his primary care physician must be the one to sign his death certificate, however I have a few issues with this.

1. I don't even think his physician knows that my dad is dead. We haven't contacted him since the first diagnosis several months ago.

2.  The primary doctor has no current relationship to this situation, I believe that he will also refuse to sign the certificate to avoid responsibility.

We are going to call him tomorrow when his office opens, however I don't expect much from this right now. My mom desperately wants to finish the cremation process so she can have him back here.

If both doctors refuse to sign, can we pursue a case against the ICU doctor for medical malpractice?
Topic:
Medicine and Malpractice

Answer:
 The funeral home should really be taking care of this for you. Under Florida law, the "primary or attending physician" is required to certify the cause of death. Ordinarily, the primary physician, i.e., the doctor that diagnosed the patient with cancer, would be the person to sign. The doctor signing the death certificate is not taking on any real responsibility, and there's no reason to think the primary doctor would refuse to sign. If no one will sign, it is possible the medical examiner could sign instead, or more likely convince the doctor that they need to. There's a procedure to get a temporary death certificate if a signature isn't available yet. Refusing to sign is not malpractice.

 [http://www.leg.state.fl.us/statutes/index.cfm?App\_mode=Display\_Statute&URL=0300-0399/0382/Sections/0382.008.html](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0382/Sections/0382.008.html)


Title: Friend drives around with contraband and believes he's invincible, can anyone tell me what kind of time he's looking at if he gets caught? He doesn't believe me when I tell him that he's seriously endangering his life and freedom.

Question:
So a friend of mine just got a gun for his 21st birthday. He now drives around with it while selling weed out of his car with a scale on him. He thinks that because he carries less than two ounces and keeps everything in a portable safe in his trunk that the police can't search him and if they do it'll just be a misdemeanor. What is he facing if he gets caught? I'm very worried for him and don't know what to tell him. I know that having a gun heavily increases the penalties that you get if you get caught. He thinks he knows more than I do about the topic and doesn't believe me when I tell him that the police will just get a warrant...

This is in Texas.

Answer:
 A probable cause search of a car will not require a warrant (Carroll), and marijuana is illegal in Texas (under 2 ounces is a class B misdemeanor). Carrying a firearm in a vehicle while committing a class B misdemeanor is UCW, a class A misdemeanor. Possession of any amount of cocaine is a felony in Texas (under 1 gram is a state jail felony).

Getting caught once is not going to put him in jail for a year. Getting caught twice will revoke whatever probation the prosecutor was nice enough to offer the first time, plus the new charge.

It sounds like you aren't going to convince him of anything, so just keep yourself out of getting caught up in whatever bad choices he is making.Answer #2: guns+drugs = felonyAnswer #3: NAL, but I sat on the jury in a federal court on drug charges. The fact that the guy had an unloaded gun, ammo, and a flak jacket added years and years to his sentence.


Title: Bought a used car and found drugs in it, can I get in trouble?

Question:
Hey, I just made a throwaway account for obvious reasons. I live in California.

Last month I bought my first car, a second hand one. Price was okay and everything seemed fine up until now. Today, I went to buy a couple of new seats since the old ones were already torn. When I removed the driver's seat, I found some bags in the base. I proceeded to check the content and surprise: it was cocaine. (I just recognized the smell).

There were 5 bags, I weighed them and they had around 50 grams each one.

I'm not really into doing drugs other than weed, and I don't want to sell it (It is very risky and I do not need money anyways) so should I just flush it? should I tell my lawyer about this? any kind of advice is welcome.

Thanks.

Answer:
 Let's see, 5 bags each with 50 grams is 250 grams at about $100/gram is $250,000.  I think that in order to prove that you are not a troll you should send the stuff to me.  I will confirm that it is real, and then I will dispose of it for you...all free of charge of course.

EDIT:  Be sure to look in the trunk and make sure there isn't a body in there...


Title: Ex might take the cats away

Question:
My boyfriend and I broke up recently... And now it's turned into a thing about the cats.

So when we adopted both cats, it was a gift for me to deal with my depression. He was busy with work and I was home most of the time, it helped. That was the sole purpose of the cats, to comfort me. When I moved out recently he even told me to take the cats as they are mine. So I did. Now, he seems to be getting immensely hostile and is suggesting if he really wanted the cats back, he could. Now the way he is suggesting it wouldn't work... Let me explain this.

He is claiming he can call my complex and state I have his cats and show them the adoption papers. Not only do I have the adoption papers but I'm pretty sure the complex can't legally take the cats from me.

Regardless, ever since we got them I have paid for all their food, toys, treats, etc. The vet visits weren't really paid for as the cats were adopted and we got one free vet visit. They don't need another visit until next spring to update their shots. However, I'm pretty sure the cats are under my name at the vet.

Some additional information that might help... He has physically thrown the cats at the walls while I lived with him. He also claimed he hated them multiple times and would love to let them outside so he didn't have to deal with them anymore. This was a consistent thing. I'm not sure how I could prove this in court... but there's that.

He has a history of violence that might help me prove that point. I think he has around 20 charges of violence, nothing he went to jail for but it's on his record.

The last person I asked said I could go in ASAP and have their microchip switched to my name, but would that really help?

Answer:
 Cats are property, not unlike a TV or a couch or Xbox.  Ownership can either be clear\-cut, or muddy, or shared, just like with any other physical object of value.

The cats sound like they belong to you.

Yes, you should have them microchipped in your name as soon as possible.

No apartment complex is going to play mediator/parent to your animal ownership dispute, nor would they even have any kind of authority to do so.  It would be best to ensure that you're complying with any restrictions or rules the apartment complex has with tenants and animals as dictated by your lease and/or pet addendum.

If he tries to come and take the cats from you, refuse him entry and call the police.


Title: My friend A let her friend B borrow her Driver's License and friend B got a DUI.

Question:
[OC, CA]

I'm frustrated because Friend A won't listen to me and go report this incident to the police. Even though Friend B might be royally fucked because not only did she get a DUI but she also did it with Friend A's identity/DL which is identity theft? Friend A is also trying to get back into nursing school but this DUI (if she doesn't report it) would make it pointless because you can't be a nurse with a DUI.

What's the best advice I can give Friend A? Or rather, how can I seriously CONVINCE her to take this to the police? Because I don't think she realizes how messed up her life is about to be because she won't report Friend B to the police for identity theft & DUI. What kind of ramifications are there for both of them?

Answer: Friend A should probably go to the police, but she should consult with a lawyer first. Why did she think it was a good idea to let someone without a license use hers??


Title: University parking ticket

Question:
I got a ticket at my University. They messed up and got the color of the car wrong (everything else is fine) could I get the ticket dismissed?

Also I do not know how they know the car belonged to me as it was not registered to my student record but it shows there. Could I just claim that the car doesn't belong to me and they got the wrong student?

Answer: Campus police are often actually police. So they can look up who the car is registered to. And no, a color error won't invalidate your ticket


Title: [California] Friend in that "gray" area of stalking with a convicted sexual offender....

Question:
Writing this for a friend (have their permission).  Throwaway account, given the sensitive nature.  Apologies in advance for the wall of text.  I tried to format.

So, my friend works with special needs individuals as a life coach, and frequently has to check in with her clients at their employment/volunteer sites.  She recently met a friend of one of her clients' parents' at a job site.  We'll call him Reverend John (not his real name).  He's a religious figure, knows her client well, and regularly comes to see him, so she exchanged emails with him as a resource.

Over the course of a few weeks, he would email her several times a day, mainly religious writings; but also emails that she said made her uncomfortable "Do you like me?  I think I like you, etc".  He somehow obtained her phone number and would text her, and tell her that he found volunteer opportunities for her clients, would love to see her at his ministry, asked her about her interests and her spiritual journey, tried to put her in touch with the supposed financial advisors of famous people, coaches of famous athletes, so on.

She tried to brush all of this off as just religious over-zeal, and then then it started to get bad.  One day, he pulled her aside and said "I think you're the one I've been waiting for, but I have some things to tell you" and proceeds to explain to her that he's a convicted sex offender, he molested underage friends of his daughters who were also special needs individuals and spent some time in prison.  He is currently living in his van/driving around the city they're living in without a fixed address, working on his ministry.

So, she cut contact with him.  Explained to him that she couldn't contact him anymore (made up a different reason as to why), and stopped responding to his emails and text messages.  His emails got progressively creepier, lots of forwarded Bible passages about "atonement for sins" (implied hers, not his) and then just stopped.

But it didn't end.  She stopped seeing him at her clients' worksite and then he client that knows Reverend John began to talk a lot about Reverend John and my friend's relationship.

"Did Reverend John send you that video of me?"

"What video?"

"He recorded a video of me talking about how much I love working with you."

In addition to recording a video of her client, her client went on to say "I think Reverend John misses you.  He asks why you stopped working with me, and the next time you're going to be there."

At this point, my friend went to her bosses, who knew who Reverend John is (another coach said he was a creeper), and they just simply asked her "what do you think you should do?" after pulling up his information on the Megan's Law website.

My friend tried to go to the police, who said that even though her client is special needs, he's an adult, and they can't do anything for him or her.  Her clients parents have been away, on an extended trip, so she hasn't been able to inform them of what's happened.

The situation has not gotten better.  Her client keeps telling her that Reverend John always asks about her, and it seems like the questions are getting more pointed.  "What does [my friend] like to do outside of working with you?  Who else does she work with?  When is she going to be working with you next?"

What's happened so far isn't necessarily illegal (although I believe that special needs in California, regardless of age, have limited consent power, including having their photo/video taken), but it's disconcerting.  I'm concerned that Reverend John going to manipulate her client into giving him valuable information about where she is and what she's doing...information that she gives her client in case there's an emergency, and then use it to stalk her or show up somewhere uninvited.  Her work is taking no steps to protect her, or her client...they haven't even informed the police, or the clients' family that a convicted sexual offender with no fixed address is in regular contact with their child and has developed an unhealthy interest in their child's coach.

My biggest fear is that something is going to happen to her, or the situation is going to escalate and she'll have no help/get backed into a corner.  My other big fear is that she's going to be held legally liable because her work is taking no steps to protect her as a whistleblower or her client as a potential victim (the stats on sexual abuse within the special needs community are huge, and incredibly sad).  My friend feels that no one is taking her seriously, when in fact, I feel that this entire situation is a HUGE red flag/potential safety/legal shit-storm, and needs to be addressed.

My instinctive reaction is to tell her to document EVERYTHING, tell her client's parents as soon as they get back, start badgering the police department to look into the legality of what Reverend John doing, inform his parole officer, and ask to speak to her employer's legal department with the term "hostile working environment" in her mind.

Any advice would be greatly appreciated.

Answer:
 I would move contacting the parole officer up to the top of that list, if he is currently on parole.  If there's anyone who can nip this in the bud, that's who it is.  He might well be in violation.

She should also consider filing for a civil harassment restraining order.  I agree with documenting everything and talking to the parents ASAP.


Title: Hi all. Got a speeding ticket back in August, 83 in a 55. My family talked me out of getting a lawyer to help out with it, but now two days before the court date I'm having second thoughts. Any advice for me?

Question:
Thanks for reading. My ticket didn't have an associated fine, and I must show up in court for it. The cop told me he could've charged me with reckless driving and even taken my license, but he decided against it. I'm not really sure how to handle the situation. I was originally planning on just showing up and hearing what they had to say/convict me with, but now that seems like a terrible idea.

Should I go ahead and hire a lawyer? Is it worth it? Do I even have a case? Is it too late regardless? I live in North Carolina, if it's relevant. Thanks for any advice in advance!

**EDIT**: I looked into getting an extension to my court date, but I guess because my offense is a misdemeanor, I can't do so over the phone. The automated message claimed I needed to show up "in court on the court date with my attorney and request an extension then."

Answer:
 Your family is wrong.  A misdemeanor will go on your criminal record and may, for example, make it harder for you to get a job in the future.

Also, 83 in a 55 is 28 over the speed limit, which will get your drivers' license taken away (even if the cop didn't do it).  And, your car insurance will go through the roof.

You might be able to show up and ask for a continuance so you can go out and find a lawyer.  The obvious question will be "why haven't you already done that" and the answer "I'm an idiot and listened to my family who said I didn't need one."

Much better, call an attorney today.


Title: If I publish a collection of stories that were posted in various places online, what do I need to worry about?

Question:
EDIT: I apologize for not being more specific.  The types of stories I'm referring to aren't so much written as descriptions.  I'm considering collecting various stories people have posted, almost all under a username or anonymously, about things that happened during their various tabletop role playing games.  Stories people have posted that have made the rounds online already.

Would I need to still worry about copyright if it was posted anonymously online?  What about under a username to a forum years or decades ago?  In every case I can think of, the author has not attempted to keep others from reposting their story, to my knowledge.  However, I could be wrong.

Would any of that still affect my legal ability to publish them in a collection?

Answer: Being sued by each author for copyright violation.Answer #2: Copyright infringement


Title: Getting my 16 year old sister emancipated in PA

Question:
Long story short my mother has a 25 year long history of emotional abuse and neglect, probably about a 15 year long history of child services cases being opened against her by various school officials, therapists, neighbours, etc. She's currently in such a state of mental illness that the abuse she's inflicting on my sister is driving her to become suicidal (I'm a 25 yr old student in NYC, she's going to be 16 in two weeks and lives in PA) The parents of a friend of my sister's are so concerned for her well being that they're willing to volunteer to take her in and become certified foster parents, pay her school tuition, and see her through college.

Currently my sister is only being supported by the payments my mother receives from her deceased father's social security, about $2,000/month, and is in danger of being kicked out of her school since my mom can't pay the tuition anymore. (Actually, the administrators told me they'd "do what they could" to keep her in the school anyways, as they're very concerned that she has no other support network and my mother isolates her, but that's no guarantee.)

I was wondering if anyone familiar with Pennsylvania law could give me some advice on how to proceed with this, time is running very short for my sister as the school year is ending and my mother just recently found out, much to her chagrin, that I've recently been in contact with my sister and was informed of some of my mother's crazy bullshit she's been pulling over the last year (including starving my sister's 6 pet rabbits to death after denying her access to them for months, and then leaving the corpses in the garage for her to find, willfully starving my sister by 1. punishing her by not allowing her to eat, 2. not getting off the couch to drive to a store, 3. mismanaging the little money she gets and refusing to find work, also severely isolating my sister to the point where she's literally not allowed to go outside to the front or backyard by herself, all this aside from the constant verbal and emotional assaults, when she does get physical she's smart about it and never leaves a mark)

So now that she knows I know she's going to be trying to piece together some case for herself against me, I feel like I have to act really quickly because things are about to get a lot worse for my sister (my mom just happened upon one of our secret facebook conversations last night and sent me a wild delusional rant in response.) I know today will be hell for her start to finish, my mom doesn't let anything go and never takes a break from the relentless verbal abuse and manipulation. I'm feeling so lost!
Topic:
Custody Divorce and Family

Answer:
 She has to have a job, a house, and financially support herself to be emancipated.

If she is being abused, call cps.

Not being able to pay for private school is not abuse. She can go to a public school. Answer #2: Your best bet is to hound your mom with social services/CPS.  Keep in mind though that you cannot count on your plan of this other family fostering her.  I am not saying it won't happen, but don't plan on it working out the say it sounds right now.  No plan ever survives first contact.  Is there any way she could come with you until she turns 18?  If so, you could try to carrot/stick this a bit.


Title: [AZ] When and how much info should one disclose to their employer when medical issues are starting to impact work quality?

Question:
[deleted]
Topic:
Labor Law

Answer:
 Sorry you're going through all that.  As for when you tell them, your company has no legal responsibility to you regarding your health unless they know or have reason to know you're ill.  So if you blow a project because of your illness, they can fire you for it and have basically no liability at this point.

Once they know, they're on the hook for potential disability discrimination.  If your company is that small, it's not covered by FMLA, and if you're the only person in CA (or one of a very few), then CA's leave laws won't apply either.

Your main protection will come in the form of the ADA, which considers cancer diagnoses a disability for which you can request reasonable accommodations.  So time off for surgery or an adjusted schedule may be possible.  The reasonableness is evaluated case by case, so what you're asking for might or might not be acceptable.  Hard to judge at a distance.

At this point, talking to a lawyer is premature.  If something goes sideways when you disclose, then it's worth discussing.  But coming in guns blazing with a lawyer in tow is a great way to make this more antagonistic than it needs to be.

As for your insurance, COBRA will allow you to continue your current insurance if you pay the full premium for up to 18 months.  And thanks to the ACA, you can get coverage on CA's insurance exchange, and the preexisting condition exclusions have been abolished.


Title: Owner of title reclaims vehicle after 8 years after uncle suddenly passes away.(PA)

Question: There was an old plymouth road runner muscle car that was given to my uncle as collateral, I believe. He died back in March 2015. Owner of the title came back to take vehicle 2 weeks after. Question is can I now request payment for storage of that vehicle? He also left the tires, which obviously costs money to dispose of. Again, this car was left in bushes for 8 years. Lastly, if possible can I come back at the original owner and claim abandonment?

Answer:
 You can't claim.storage if that wasn't part of the deal your uncle made with him. You also can't claim abandonment after he has taken possession of the car. At that point it is clearly not abandoned.

If the tires are on property that you now own, or if your acting as executor you can give him notice to come get the tires.


Title: Answer for "Will you now or in the future require sponsorship?" question and sources

Question: [deleted]

Answer:
 You need sponsorship, full stop.  Please don't lie to employers about this.Answer #2: You've really answered your own question.  Do you need sponsorship now....no, you dont.  Will you need sponsorship in the future, yes you will.  That's why the question is stated in two parts.  You need to answer yes, since that is pretty clearly the correct answer.  Answer #3: Rephrased: if you never have a sponsor, would you be legally allowed to stay?

Sometimes just turning the question around makes the answer clear.Answer #4: if you are unsure and there's no choice for a maybe you should check yes.  needing less stuff is far better in immigration than needing stuff you already turned down. yes they can reject you for that reason, baring their funds being allocated for that.


Title: [California] Complex relationship with a minor.

Question:
Hi everyone,
I am writing on behalf of my friend Joe. Joe is 22 and in love with a 15 year old in a caring and affectionate relationship, as strange and taboo as that is. Equally unheard of, the 15 year old's mother is aware, approves, and even facilitates the relationship. He recently had his phone confiscated by the police (well, they asked him if they could take and search it and he foolishly said yes) because of a drunken text to a different minor (something that Joe could not possibly regret any more than he already does). Upon this phone, they may or may not have found pictures of his girlfriend in compromising positions as well as conversations with both the girlfriend and her mother.

My questions - How culpable is the mother in all this? She is a teacher and an upstanding citizen besides all this. Will she lose her job? Can all the blame fall on Joe? That family does not deserve this pain.

Can/will they prosecute Joe if the girl's family is on his side?

Joe has been physically sick all day and extremely worried for the sake of girl's family.

Thank you for any insight you can offer.

Answer:
 If Joe is having sexual relations with the minor, yes he can absolutely be prosecuted and there's a very good chance of that happening.

If the mother facilitated this, I suppose there's at least a decent chance of her being charged with something as well, but it's hard to say if that will happen or not. It really depends on the circumstances, evidence, etc.

Your friend Joe, no offense, is an idiot.


Title: [KY] Update on neighbor who destroyed my fence causing me to lose 3 dogs and some goats

Question:
Hey everyone, if for some reason you haven't seen my post from yesterday, [here](https://www.reddit.com/r/legaladvice/comments/3hw5g6/ky_neighbor_landlocked_themselves_destroyed_fence/) it is.

I got home very late last night. My goats and dog are recovering. My dog that was put to sleep was cremated and I'm waiting for his ashes now.

My neighbor did not get home until 2am and I applaud the very nice officers for waiting until she did. I gave them dinner as a thanks for everything they've done. I was with them when they arrested her because guess what, she used the area of my fence she broke down to get into her property.

The police arrested her, they charged her with tresspassing, destruction of private property and animal cruelty. She called me a "white ass jibaro bitch who's a dirty liar" etc, etc.

I found a laywer who is very interested in what happened and he's coming to visit a bit later to see the damages she caused. We blocked off the area she broke but just fenced around it so the coyotes and skunks head over to her land :)

We did find one goat early this morning but he had to be put to sleep, some animal got to him. Still missing one more goat and Mordecai. Apparently someone had seen a dog similar looking to him a few miles away from us but we have taken some measures to see if we can lure him  back to the property by laying a crate just outside of the fence with water and blankets that smell like us. We still have people keeping an eye out for him and I have invested some money for GPS trackers for all of my animals to wear. Wasn't cheap but if something like this happens again at least we will be able to track them.

So now I am waiting for my laywer to come visit, I actually spoke with the new neighbors this morning and told them what was going on. I poilety told them about a suggestion made in the first post about how she should have been given some access through their property so she could get to the road because it is illegal to be landlocked. They said they'd "look into it". I suggested they have a land surveyer come and make sure their fence isn't over the property line just in case. I don't know if they will.

I am going to sue, I now have a lame working dog who I have to find something for him to do, maybe just watch my chickens since they're so close to the house he won't actually have to go far at all. She still has a lot of land left, and I mean a lot. I didn't get to draw how much land she actually has left though.

So now we just play the waiting game, I have called my insurance about the fence and my animals and they want to send someone out to see the damages.

Thank you /r/legaladvice. I'll be sure to update after everything is done and settled :)

Edit 1: Mordecai was spotted again, we have asked the people who are out searching while we can't to carry one crate with them and a towel that smells like us with them. We have been placing these crates in the areas in hopes he comes to them.

**MORDECAI HAS BEEN FOUND!!** We found him in one of the crates we had placed out, he's thirsty and hungry but he is home safe and sound. We still haven't found our other goat.

Answer: Glad to hear that Mordecai is back home safe.


Title: Where can I look for legal advice if my thread went unnoticed in the subreddit?

Question: I have a court date that I'm nervous and pretty clueless about. I'm 19 and being charged with a misdemeanor for driving with a suspended license. Who should I reach out to for some advice?

Answer:
 Depending what country you live it, you should be getting a fine and maybe some probation,never had to go to court for driving with no licence.

Coast me the tow truck back to my place, and a ticket for close to 500$Answer #2: If you're looking for legal advice you can always search for "legal aid", "bar association", or "lawyer's referral service" in your city/state/region. They should be able to help point you in the right direction. Answer #3: Uh a misdemeanor?  That's more than just a ticket dude you should get a lawyer


Title: A Roman Catholic priest tells a defense attorney he knows the attorney's client didn't commit the murder he's accused of. (The priest heard the real murderer's confession to the crime.) What are the attorney's options?

Question: I'm in Illinois but  a general answer will be fine.

Answer:
 Clergy–penitent privilege is what you want to read up on.Answer #2: Subpoena the priest.

There is a similar privilege between a member of the clergy, and their congregation, that exists between lawyers and their clients.  But the clergy's privilege is not *nearly* as robust, and the right to invoke it relies entirely with the priest.

Although he would face consequences from his church, if the priest chooses to divulge what he heard in confession, he can.  He can't be *compelled* to, but he can choose to.

Now, if he is simply pulling a "I know something but I won't tell you what" with the lawyer, the lawyer's best option is to ignore it and not take it into consideration when designing a defense for his client.  "Knowing" that his client is innocent has actually shockingly little relevance to the defense attorney; certainly, if he's got something solid like "I heard [other person] confess to the crime", that's a big help, but someone saying "I can't testify to this, but your client is innocent" is ... not helpful.  At all.


Title: Any way around this HOA clause so I can Airbnb a room in my home? (NC)

Question:
I'm thinking about earning a little extra income on the side with Airbnb, but my homeowner's association covenants read as follows:

"All lots shall be used, improved and devoted exclusively to residential use by the Owner thereof, his immediate family, guests, invitees and lessees. Any lease or rental agreement for a Lot shall be in writing and for a period of at least ninety (90) days. Such leases shall provide that the terms of the lease are subject to the provisions of this Declaration, the Articles of Incorporation and the Bylaws of the Association, and that any failure by the lessee to comply with the terms of such documents shall be a default under the terms of the lease. No Owner of any Lot shall permit the use of his Dwelling Unit for transient hotel or commercial purposes."

So do I have any options? It's not the biggest deal in the world if not, but I just want to see if it's possible before going ahead with it and ending up in hot water.

Answer:
 > Any lease or rental agreement for a Lot shall be in writing and for a period of at least ninety (90) days.

This is explicitly an anti-AirBnB clause. I would expect that the HOA has had it reviewed by counsel. You can have it reviewed by your own attorney, but I suspect the only way you're going to get around it is to run for the Board and move to repeal the rule.


Title: My name has changed - can my employer require I show my social security card to update records?

Question:
I just got married and changed my name. I've updated my name with the SSA, and gotten a new drivers licence, but my employer is requiring that I show them my social security card before they update payroll records. The problem is that the SSA would only send the new card to the address on my driver's licence - its my father's house, but right now I'm away at college and not living there. I'm not sure when my next chance to travel home to pick it up will be, and I'm worried that my employer having my maiden name in their payroll system for a long time when all my ID is in my married name will cause issues.

They wont accept the marriage license or any other document besides an original SSA card (not even a copy of it) for changing the name in their system. Is that really allowed? The DMV and my university didn't have such a requirement, even though both ask if my name has been changed with the SSA...

Edit: I'm in California in the USA

Answer: The easiest solution here is probably to get your new SS card, and then ask your father to pay the 20ish dollars to ship it overnight, signature required to you.Answer #2: Yes, they can require this. It's their responsibility to ensure that your taxes are being withheld to the correct social security number and in the correct name.Answer #3: This is best practice and common. The name in the payroll system should always always always be the social security name. There are never any exceptions to this. Asking for your card is the best way to verify the name match.


Title: (Ontario, Canada) Landlord has visited 14 times in a 6 month span. Can I refuse their entry?

Question:
Long story short, I ended up with first-timer landlords who are seem to be overly cautious about everything. Our lease started in December of 2014, we are the first tenants in a brand new condo unit. We allowed them to visit 8 times from December to April with no issues found, whatsoever. Some times they specifically requested for us to not be there. Because of this I set up hidden cameras to capture what was going on and why we were not allowed to be there.

Turns out, the landlord specified that he himself lives there and is not renting out the unit to avoid a hefty surcharge with the bank or builder of the condominium (I believe it is around $24,000). He brought the bank inspector there and pretended he lived there when we were not home (Took down all the pictures of us, etc). After the bank manager left, he proceeded to look through many of our drawers and cupboards (my girlfriends underwear drawer was my least favourite to find out about). I called them on it at the end of April and told them I had the proof on video, needless to say his wife was enraged with him and he was quite embarrassed, where they then turned it on us and said that was a dishonest thing to do and they will be starting the eviction process, I knew it was bogus.. nothing came of it.

Did not see or hear from them until October. Now these visits have started again. They have come twice since the end of October for "Inspections". My girlfriend and I couldn't deal with this any longer and have terminated our lease as of Dec. 1st (Last date in our possession is Nov. 30th). They want to visit twice between now and then to conduct more "inspections".

Question: Am I allowed to refuse their entry? At this point I've lost the feeling that this was my home which is why we are leaving. I feel this is quite excessive at this point and I want to tell them no more inspections, they can inspect one last time when we hand over the keys and I hope that is the last time I ever hear from them.

I would greatly appreciate any help.

TL/DR: Landlords visited approximately 14 times in a 6 month span, caught them on video going through our stuff. Can I refuse excessive amounts of "unit inspections?"

Answer:
 You could let the bank know that he does not actually live there.Answer #2: As long as they give notice I doubt you can refuse them entry. What they cannot do, however, is force you to leave during their visit, and it must be between 8 AM and 8 PM.

Keep in mind that if you're concerned about them doing something illegal during the "inspection," then they likely would have no qualms entering without notice when you aren't home either.Answer #3: To clarify, your move out date is December 1?

Answer #4: >Residential Tenancies Act

>27.(1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

>4 . **To carry out an inspection of the rental unit, if,**

>i. the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord's obligations under subsection 20 (1) or section 161, and

>**ii. it is reasonable to carry out the inspection.**

I would argue that it is unreasonable to carry out this many inspections in such a short time period.Answer #5: From the LTB's FAQ.:

>**What if my landlord enters my unit illegally?**

>If your landlord enters your unit illegally, you can file an Application about Tenant Rights with the LTB. If the LTB decides that the landlord entered the unit illegally, the member could order that you receive a rent reduction, that the landlord pay a fine, or some other remedy.

Start by contacting the LTB, and then decide if you want to press a claim.


Title: California - I have broken the terms of my lease by doing AirBNB can my landlord sue me for the remainder of my lease?

Answer: Your landlord can boot you out.  Your landlord can fine you, if the lease includes such a fine.  Your landlord cannot boot you out, rent your place to someone else, and collect rent from you also.


Title: My friend posted here before but she still needs help. Her ex husband in Wisconsin is trying to take away her rights to her kids.

Question:
My friend told me she posted here before when she needed help but now she needs help again. I don't know what I can do to help her. What happened was that her ex husband who lives in Wisconsin is trying to take away her rights to her kids. There is a different woman that they call mom and he wants her to adopt them. My friend was in Michigan when she found out about this because she was on probation there and was living there.

When my friend had her babies she got depressed and stuff after and she had to leave the hospital because she was so depressed and couldn't deal with things. She ended up going to Florida. She was in jail in Florida for a while and when she got out she found out her ex husband had been living with someone new since he brought the babies home from the hospital after she left. She was upset because he wouldn't let her come up there see the babies and then she went to Kentucky to live with another friend. She had trouble in Kentucky and was supposed to go to rehab but she couldn't deal with it and she left so she had to go go jail. Her ex husband also divorced her during this time and she had missed court there but they allowed it anyway.

Now she was in Michigan and they found her though her old probation officer and she was served with these papers. She tried to go to Wisconsin but she had no car and no money so she got a ride with someone to Indiana and then she was going to try and hitchhike or get money. She got to Chicago but now she got arrested for being a prostitute to an undercover cop And then when she got arrested they found out she had a warrant from Indiana for dealing drugs.

She is so scared that she will miss court in Wisconsin and lose her kids forever. Her ex husband won't help her out at all or let her see the kids anytime ever except for twice. They told her that after her charges are done in Chicago they are going to bring her to Indiana for the drug dealing charges. My friend is not a bad person but she got depressed after the babies were born. She wants to her clean but doing that is not easy. She is not even a prostitute she just needed money to get to Wisconsin. What can she do? Can I go to court for her in Wisconsin or get it delayed until she is out if jail. She posted here before to get help and she needs help again.

Edit: For the location it's Wisconsin where her ex husband and her kids live. She is in jail in Chicago right now.

Answer: [Original post ](https://www.reddit.com/r/legaladvice/comments/4499qk/my_xhusband_wants_to_take_my_rights_to_my_kids/)


Title: PA, ex-roommate recorded me

Question: [deleted]

Answer: Call the police and file a report. What is there to be torn about?


Title: Leaving a bank account with a negative balance.

Question: So I was recently charged for something I didn't approve  for 545 dollars, I have no way or intention of paying this back sok what I'm asking is what if I just opened another bank account at an actual bank, the current place I'm with is a credit union.

Answer:
 If your account had those funds withdrawn fraudulently, you should dispute the charges with your bank.

If something else is going on, like you legitimately owe the money but just don't want to owe the money for whatever reason, the bank can refuse to do business with you anymore and also sue you or pass the debt off to a collection agency for the negative balance.


Title: [IN]. Where to look for a lawyer to do a POA

Question: I'm at a loss of where to start looking for a lawyer to do a POA on my dad.  He has stage 4 metastatic cancer and is pretty much house bound.  I have no clue what kind of lawyer I would need for this, and if it would be possible for them to come to his house.  Is there any sort of reference services for this kind of stuff?  We are in Southern Indiana on the border with Louisville KY

Answer: POAs aren't a specialty. Most general practice law firms will do it. Look up your state bar association's lawyer referral system and find lawyers in your immediate area. There are ones that will go to your dad's house to execute one. I do it all the time. I would probably start with attorneys that advertise that they handle wills and estate planning.


Title: [CA] Someone used my image without my consent to create a racist meme on Instagram. Facebook/Instagram will not remove the image. What can I do?

Question: [deleted]

Answer:
 > They screen grabbed a thumbnail from a YouTube video of mine

This is ridiculous _and you should consult a lawyer before trying it_, but:

What they've done is copyright infringement, through the creation of an unlicensed derivative work. As the rights-holder to the original work, you can submit a DMCA complaint through each site to compel them to take it down. If the person who posted it disputes your complaint, they will pass the dispute along to you, which will give you most of what you need to sue.

As you have no actual damages and as the copyrights to your work is (I assume) not registered, your options in court are limited; you should be able to forcing them to stop distributing the infringing work, but you're not going to win an award for damages.

Be cautious of the Streisand effect: by pursuing this, you may cause the racist meme to receive far more attention than it otherwise would.Answer #2: File a DMCA takedown notice with Facebook and Instagram.


Title: Is the “If you get hit by campus transportation, you’re entitled to free tuition for that year” thing true?

Question: Or is that just a myth?

Answer:
 Myth.

Also my roommate died and I didn't get free AsAnswer #2: It's a myth.

If you're hit by the college parking bus, it's no different from any other collision involving a pedestrian. The driver may be liable, and if they're performing their job duties, that liability may expand to include the school - but the pedestrian's contribution to the collision matters, too, and someone who darts out in front of a bus may end up fully liable for their own medical care afterwards.

However, schools don't have a lot of spare money kicking around to soak up risks, and there's no reason the school can't offer to waive tuition as part of a settlement.


Title: [TN] Given sketchy ticket from police

Question: [deleted]

Answer:
 You can offer a defense to either or both.

However, "I don't want this ticket" or "I don't want to pay it" or "I think the cop is a jerk" aren't defenses.  You need to provide a defense on the actual charge.


Title: Custody battle

Question: Me and my boyfriend are going through some things I'm just looking for some advice. So I'm 19 f pregnant he's 24 m we live in Massachusetts. he says if we break up he would take me to court for custody what's the likelihood of him getting it. He is an immigrant legal as far as I know. He has no job currently, if I leave his electric gas and cable get cut off. He has no car and may end up moving in with his parents if I left. I have a job no car, would find an apartment and pay all my own bills. I just don't want him to have custody he isn't mature he plays video games all day doesn't clean and I'm just worried about it without me he isn't the kind of role model I want my daughter to have. Any advice is helpful thank you.

Answer:
 >  I just don't want him to have custody he isn't mature he plays video games all day doesn't clean and I'm just worried about it. Any advice is helpful thank you.

That isn't how it works. If a custody/visitation agreement cannot be made between you two, you WILL have to go to court. The court will decide who gets custody based on the **best interest of the child,** not your own personal wants.

It wouldn't hurt to consult with an attorney so you'll be prepared when it comes time to go to court.


Title: 14 yo girl raped (Indiana) potential Conflict of Interest follow up question

Question:
I don't know how to link to my previous post. My 14 daughter was raped a few months ago and it came out via social media recently.

We had a meeting with Sheriff today. (Prosecutor was in attendance as well) A local organization took my daughters statement so she won't have to go over it in the future. Apparently it can serve as an official statement for all future encounters.  Anyway,we got a great update and feel that it will be a very satisfying and positive outcome for us.

So, it never occurred to me until today that I might have a conflict of interest that could affect the case and I'm unsure how to proceed. I just started a new job with a state agency that provides funding to county correctional programs. My job will include scoring annual grant funding that goes out to Prosecutorial offices among other groups. I haven't met with this particular county (prosecutor, probation officials, sheriffs) yet in my official capacity and we begin reviewing grant applications for next years funding this month.

This seems like something a defense attorney would jump all over.  How do I cover myself so there is no hint of conflict of interest?

I'm kinda lost here. My only thought is to let my boss know and ask for papers to be drawn up saying I'm recusing myself from any matters relating to this county. Is this enough? Does it have to be notarized? Any other suggestions on how to protect my daughter so my job doesn't interfere with the successful prosecution of the case?

I brought this up at our meeting (Prosecutor was not there at the time) and the Deputy didn't think it would affect anything. That just Doesn't sound right to me and I don't want to mess this up.
Topic:
Criminal Law

Answer:
 The families of government employees have a right to have their cases investigated/prosecuted just like anyone else.

As long as you aren’t receiving any kind of preferential treatment, then you are probably okay.Answer #2: If the prosecutor doesn't care then don't worry about itAnswer #3: I'm wracking my brain trying to figure out how the defense could spin you working for the state, and scoring correctional programs for grants, could _possibly_ factor into a defense for rape.  Unless there's some evidence you somehow leveraged your job to achieve an outcome, any question the defense attorney would ask you about the relationship between your job and the prosecution of your daughter's rapist must be irrelevant.  If you're even testifying at the trial of course, if you aren't testifying then there's no real way to introduce it as evidence.  If you are testifying, the defense cross will be limited to the scope of the prosecutor's direct, so as long as he doesn't ask you any questions about how your job affects the outcome of the prosecution, you'll be fine.

If you're really unsure ask the prosecutor but I'd be surprised if he gives it a second thought.


Title: [Court Attire] Blue suits?

Question:
Hello guys,

Apologies if this sort of post isn't exactly tolerated - I've never posted here before, but I couldn't see anything in the guidelines that really covered this.

Basically, I'll be appearing at a UK court as a 'professional witness' in the coming weeks. I'm wondering what the opinion is on wearing a blue suit?

This isn't for a case that I have worked on to any real degree - but simply that I was required to provide information that now forms part of the overall prosecution.

I have had some court training, but I feel that anything relating to attire is usually somewhat vague.

So, what are the opinions on wearing a blue suit in this case?

Thanks!

Answer:
 I don't know about blue, but I DID see a documentary once that implied that red suits were frowned upon in some southern-US courtrooms:

https://s-media-cache-ak0.pinimg.com/736x/09/f2/7b/09f27be723080a2bcda0c9a800b4c3eb.jpgAnswer #2: You might want to ask /r/legaladviceuk.


Title: Landlord being threatening and well..all around jerk

Question:
So me and my boyfriend just moved into a gorgeous century home, that was available for rent, rent to own, or to buy. We chose the rental options as we weren't sure if we would like the neighborhood and wanted to live there for a while and decided if we wanted to buy it. The landlord had been extremely pleasant up to this point, seemed very professional and polite. The first sign he was a little off was when he texted us looking for pro-rated rent with the second months rent check. We signed the lease two days before the month ended, and started moving in on the first. He had given us the keys when we paid first, last and deposit and signed the lease. In all my other experiences you pay any proration with the first months rent. He also asked us to pay a carpet cleaning fee with second months rent. Another thing we felt should have been added to the initial deposit, but it was not. So when we sent the second rent check, he told us to send more for the 2 "prorated" days, although he never mentioned anything to us about it. Not wanting to argue we just paid it.

Our dishwasher was the only appliance included, and it didn't work from the get go. We asked if he could come by and take a look at it sometime and he said he could get to it in a couple of weeks. No problem, a dishwasher is a luxury. So a couple of weeks go by and he texts us saying he just bought a new dishwasher, and would be by with it sometime in the next couple days. He never texts us after that, and a week later we had this exchange with him. https://imgur.com/gallery/6ImIh

We've only lived here for a month, but we're worried that he will try and do something to either evict us or sell the house out from under us. What are our options? How do we protect ourselves? Moving is hard and expensive, I don't want to be forced out of a home because we weren't there to let him in that day. In addition to a security system we have pets that need to be put away so they don't get out of the house.

What is the best way to deal with this?

Edit: Located in Ohio.

Answer: It's not illegal to be a jerk. That said, I laughed about it. The whole, "I want it in writing, and I'll get there when I get there," because you 'inconvenienced" him.Answer #2: OP- While your landlord does appear to be a jerk in that text message exchange, I don't think you have anything to be worried about. You're in a fixed-term (not month to month) lease, is that correct?


Title: Father's sick in the hospital, live-in gf won't let my Aunt in his apartment.

Question:
Sorry this is kind of rushed:
My father is currently in the hospital battling cancer. My aunt is the executor of the will and his trusted person. He pulled her into the hospital room and told the girlfriend to leave.

The main reason is he wanted my aunt to get the keys for the apartment from his girlfriend and find a key to a safe that fell out of his pocket while he was hospitalized. The safe contains a bunch of legal information and deeds and such. Now, the girlfriend refuses to give up the key even though she knows my father wants her to. This is worrisome because it is obvious my dad doesn't want her to have the key, and she has been asking about powers of attorney and talking about me as if she knows me (I've met her once). Plus, my aunt has quite a bad feeling.

Is there ANYTHING that we can do legally to get her to yield the key? Also, if we DO find stuff missing, what can I do to make sure she doesn't tamper or hide anything?  Aunt and girlfriend are both (as far as I know) still at the hospital. Thank you for your help!

Topic:
Wills Trusts and Estates

Answer: Please clarify. Your father and his girlfriend live together, and his girlfriend won't let your father's sister in her home? If that's the case, she's under no obligation to allow anybody in her home without a court order.


Title: [Toronto, Ontario, CA] My boss expects me and my wife to be the tenants for his property in Vancouver, he said he'll suspend me if I don't. He's the owner of the firm. What do I do?

Question:
Throwaway account for privacy.

Been working for a small company in Toronto since June 2010. I'm 36, my wife's 33, we have a 8-year-old daughter. My job has been okay, I do website development and some consultancy for the firm, and some training.

Anyway, as of Monday, my boss told me he'd bought a property in Vancouver, and expects me and my wife to be the tenants for it whilst I'm an employee here, and said if I don't agree to it, he'll suspend me without pay, insisting "I'm the boss, it's my right to do so.".

The boss is the owner of it, he's a guy in his 40s, a multi-millionaire.

I can't really move since my wife has a job in our hometown, our daughter goes to school there etc. and my wife's only been in her new job for a month.

Legally is there anything I can do to stop this, short of leaving, although, on that matter, I've been with the firm since 2010, which is a long time now, and my contract expires in May 2018, since he renewed it last May, as a 3-year contract.

Anyone able to advise me on things, and would thies ever go to court?

Answer:
 You have a contract, and your boss has to honour it.  He has no right to demand that you rent property from him.

He is allowed to move the business to Vancouver, but can't force you to go with him.  Your contract should have a stipulation for this, if not, your boss either has to keep you working in Toronto or buy out the contract.

Keep records of everything, because you could end up going to court over it.Answer #2: Submit a moving estimate.  Loss of wife's income for the duration of tenancy.  Cost of actual move.  Then move in costs to rental.   Cost of the only private school comparable to daughters current school.  Cost of breaking your current lease, or selling your current home.

Tell your boss to remit payment and you will call the movers tomorrow.Answer #3: In addition to what others have said about not quitting so you can file for unemployment, you can also legally record conversations in Ontario with just your consent.

http://www.efc.ca/pages/law/cc/cc.183.1.html

>183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part. [1993, c.40, s.2.]

Answer #4: What does your employment contract say?Answer #5: 1) Don't rely on this sub for Canadian employment advice. Canadian and US employment law are very different creatures and you're going to get a lot of US responses.

2) Consult a real employment lawyer ASAP.


Title: Local restaurant bans ALL highschoolers. (KY)

Question:
I'm sorry if this is in the wrong subreddit, I've just heard about it from other threads and this was the only place I could think would be able to answer my questions. Also, I am using a throwaway for any possible personal information.

Okay, on to the issue. I live in a pretty nice part of Kentucky, but even we have a large group of ghetto, if you will, kids that attend my highschool. It's not that they are poor, just that they really glorify the "thug" lifestyle. Due to this, they are very well known for starting fights around the school, and even off campus, which is the issue.

Every Friday after a football game, this group (and other students) will go to a local fast food restaurant right next to the school. It is not uncommon for a fight to be started on these nights and the cops have to show up to break it up. The fighting has gotten even worse though. School has only been in session for a few weeks and we've already had quite a few suspensions related to fighting. Last Friday, right after school, this group was hanging out at the restaurant with about 30 other miscellaneous students. Six guys started fighting and it got pretty aggressive, but they all ran as soon as they heard the sirens. Since then, this restaurant has decided to ban ALL of the highschoolers because of this one group. So now 2000+ students can't go eat before their clubs and sports because of this one group of 40 or less.

Personally, I agree with the ban because in the long run I think having cops constantly in the parking lot deters more business than the highschoolers give them anyways. Also, there are other restaurants across the street that they can go to. My real question is: **Is this even legal?**I've been trying to look it up on the grounds of age discrimination, but am not finding any real answers.

*This restaurant is also a **very** well known international fast food franchsie if that changes anything. Thank you

*Edit: Thanks to everyone that replied. I really appreciate it. I never wanted to throw a fit about this, just was wondering if my "peers" could honestly do anything about it, beyond complaining.

Answer:
 Yes, it is legal.

You can complain to the franchise if you so desire.


Title: [GA] Cousins house burned down and cops didn't notify them.

Question:
Not a serious they want to press charges question. More just annoyed and curious.
Cousin moved to a different state and had their old house up for sale. Sometime Friday the house caught fire. Cops and the fire department were called that night and everything was taken care of. The realtor was contacted came down and he even made sure to give them my cousins information. They are from what I understand treating this as an arson investigation however they never reached out to the family. My cousin was contacted by the realtor the next day but never by the cops.

Are cops required by law to contact the owner of the home if there house has burned down.

Answer:
 Home for sale. Out of state owner who has left the area. Arson investigation.

Oh, they'll be in contact. Likely for more than a simple notification.Answer #2: No. Been a firefighter for 16 years and have never contacted anyone to let them know their house burned down. Answer #3: No, they're not. Answer #4: I'd be more interested in why the realtor didn't tell him.


Title: [Il] Work is refusing to accomidate pregnancy and trying to force me to quit

Question:
I work as a dsp in a 4 resident home. One of the residents is wheelchair bound and requires complete assistance. The resident is a one on one meaning he has his own staff at all times. There is atleast 2 people working in the house at all times. I have been working with the company for a few months(4 or 5) now.

I recently found out i am pregnant. I informed my manager and gave her a doctors note stating what accomidations i need. One of them is i cant do heavy lifting. My manager didnt take it well and ripped up the note stating that if i cant do every aspect of the job as normal and without accomidation, that i need to quit.I went to her boss and told her about the situation and she agreed.

I continued to work cause i really need this job as im going to be a single mom and would ask my co workers to help me with the lifting. My boss didnt like that and told me i had to do it on my own.

A few more shifts of this and she tells me i have to be the one on one with no help or i need to quit.

Last night, i was lifting the resident and got a sudden, sharp pain. It kept getting worse so i told my boss that i needed to go to the er. She told me it wasnt a good enough reason and if i went, she would concider that quitting. I went after work and they want me on light duty. I took my note up to the company office.

What can i do? I cant keep working like this. Its endagering the life of my child! I also cant afford to lose my job. I have a screen shot of a text between myself and my boss telling me i should quit if i cant do all the aspects of my job.

Tldr: boss is ignoring doctors orders on heavy lifting while pregnant, refusing to let me go to the er as a result of the heavy lifting and keeps telling me i need to quit. What can i do?

Answer:
 The ADA is not a get out of jail free card. You have to be able to do all the essential duties of the job. If you cannot do this, you can be terminated. The ADA never requires that an employer change a job or give you a new job.

The ADA requires the employer and employee make good faith accommodations. The ADA only requires an employer make an accommodation, not the one the employee wants, not even the one the doctor wants, just an accommodation. A doctor's note has no legal meaning at all.

If the accommodation would be an undue hardship the employer can deny it. For example hiring a new person to help you out or giving some of your duties to another employee, would be considered as such.

The FMLA may be a better way to go if you qualify and your company does. This way you could get unpaid time off and protect your job. Remember your baby is your responsibility, not your employers nor any other employee that has to pick up the slack for you.

Do not quit, have your boss terminate you at least that way you may have grounds for unemployment compensation, though that's no means certain.Answer #2: > She told me it wasnt a good enough reason and if i went, she would concider that quitting

That might constitute firing, actually. Tell this to a lawyer.

You need to contact the department of labor and get a lawyer. Many lawyers offer free/low cost consultations. You can still be fired, but you would a) be able to try for unemployment and b) go after your employers for refusing to comply with EEOC regulations.

govt website on the matter: https://www.eeoc.gov/laws/types/pregnancy.cfm


Title: If you see a Dr. with no insurance do they report you under the ACA?

Question: Friend refuses to do a cash visit because they believe they will get in more trouble. I did not think this was the case but couldn't find exact mechanism of the penalty. Thanks a lot.

Answer: Doctors aren't going to report you.


Title: Woman in Wonderbra Outlet store (United Kingdom) told me that they don't hire men when I came in to give them my CV

Question: Went part-time job hunting today and saw a Wonderbra outlet store. I inquired about a part-time job, but was told outright that they do not hire men and that they have legal grounds to discriminate against men and only hire women. Is this actually legal in the UK? I feel terrible and absolutely discriminated against.

Answer:
 >I feel terrible and absolutely discriminated against.

Oh piss off with that shit.  What do you think women who go into the bra store looking for a bra will do when they see some creep show there giving the bra measurements that thinks he found a loophole to squeeze all the tater biscuits he can handle?

Disclaimer:  Don't know anything about the UK, but if it's anything at all like the US, it's legal just the same way that victoria's secret can legally refuse to hire men for any job in the store that requires "bra fittings" among the job duties.  Answer #2: You realize that a significant part of the job is helping women try on and fit bras?  Do you envision that most women would be comfortable with a man doing that job?

In the US we call this a "bona fide occupational qualification."  I would expect the UK has something similar.Answer #3: > I feel terrible and absolutely discriminated against.

No you don't. Lets at least be honest. You think this is wrong and injust, but you feel just fine. Would you have felt better if she took your application and just thrown it in the trash once you left?

Anywho, assuming UK is like USA in this regard the answer is: maybe. You can discriminate based on sex/gender in certain respects. Not knowing enough about what exactly a "Wonderbra outlet" is, I don't know. Answer #4: No idea about the legality of their stance  BUT... I would feel oh so skeeved out if a man worked at Victoria's Secret when I went to shop. Typically people who work at bra stores are trained and expected to measure women's bra size. And most women would not feel comfortable with a man measuring their breasts.


Title: [GA]Got into car accident around 14 days ago but the attorney's I chose to represent me haven't contacted the other driver's car insurance yet. Seeing as I haven't signed anything should I get another attorney or answer their car insurance company calls myself and see what they are offering?

Question:
Title says all. The other driver was at fault and even literally ran away on foot from the accident. Normally I could probably wait it out but I am building up a few bills because I've had to go to the chiropractor because my back started killing me a few days after the accident and I don't make enough right now at 22 to just pay out of pocket as well as medical bills which I can actually cover myself if my insurance doesn't.

Should I wait for them to finally do their job? My grandmother recommended that I call the attorney that represented her when she was in a bad accident while my mom has recommended that I call them myself to see what they are offering. She has a little more motivation as this was her main car that got in the accident and I think she needs to talk to them so she doesn't have to use the rental her insurance company provided her anymore.

What's the best option? We haven't signed anything officially yet and this is taking a long time and reading reviews sometimes it takes up to 16 months for anything to happen with these guys. "

What should I do?

Answer: If you haven't signed anything with the attorneys office, that's why they're not doing anything- they legally can't until you enter a contract.


Title: What should the biological parent do after their kid gets hurt in foster care?

Question:
Topic:
CPS and Dependency Law

Answer: Make sure the social worker is aware, and then work on their reunification services.


Title: My friend caught stealing wallet in his own house (Russia)

Question: [deleted]

Answer: Noboby here nows Russian laws (I think).


Title: TX - wife has an abusive boyfriend, worried for children.

Question:
This will be a long one.

New Year’s Day I found out my wife was involved in a 3rd affair after 8 years and I finally had enough and told her to move out. The guy she was (and I believe still is, more on that later) seeing, from what I knew, was an idiot but a harmless one. Boy was I wrong.

Over the past 7 months she has come to me crying that she can’t get him to leave her house, that she is afraid of him, that he will hurt her (and actually has), and sent me several screenshots of all kinds of horrible things (“him telling her to die, that her whole office was running a train on her, etc.) I remained reluctantly supportive of her, not wanting her to be in danger, yet every time we came up with a plan for her to get out she would fall right back into his arms.

Emotions aside, the more I learned about his behavior the less I wanted him around my kids, and I already didn’t want him in their lives. Recently though while my daughter (8) was sick, I found out that he’d slammed the door in her face while she was trying to get in bed with her mom, and that caused a fight where he told my wife to go get an abortion and die (she was about 4-5 weeks pregnant with him at that point), and as she was leaving with them he texted her if she came to my house he’d “show up and fuck shit up” (I have the text saved). I have another saved from a separate time where he told her if she came near him he’d go to jail. So, threatening violence.

That weekend she finally went to the police and we learned that he’s had prior protective orders placed and that he had an instance in the past where he’d had an uncontrollable destructive episode and awoke from being unconscious surrounded by police.

Currently there is a protective order from him that she placed, but I know (through my wife’s carelessness) that they are still communicating regularly. I told her I am going to place one against him for the safety of the children and she has been begging me not to for over a week now.

I don’t care if she’s with him, or if they raise their baby together or whatever. I just want my kids away from someone so volatile. In our few communications he has told me through careful but obvious wording that he wants to fight me and he has also impersonated her on her phone telling me to fuck off, basically. There was another instance where, coming back from a trip, I told her I was on my way to pick the kids up and he replied through her phone that they would stay inside while we “settled things.”

As an aside the reason we haven’t gotten divorced yet is money but I am currently looking for a good lawyer to kickstart that.

The guy is a piece of shit, but there’s not an iota that cares about any part of their relationship other than I do not feel safe or comfortable with him around my children. He’s struck my wife, pushed her, emotionally abused her, I do not want him around my son or daughter. So far  he has managed to keep himself under control around them, but I mean barely - he did slam the door in my daughter’s face after she kept him up all night. And from what the kids have told me they have had “mild” arguments in front of them (“Mommy called him bad words”)...But there is not a single part of me that thinks I would not eventually get a phone call from the hospital saying one of my kids was knocked down the stairs or hit in the head with a flying glass or plate that missed after he finally loses his cool either against them or against her while they are there.

Part of the problem though is that I fully believe she will lie to protect him and deny any evidence I bring forth if questioned.

Legally, other than a protective order, what can I do, and what are my chances of keeping them away from him? My family wants me to apply for full custody. She fully believes that her home is safe and that they are in no danger around him and I know it would become a nasty fight that will drag on for a very long time. What do I do?

Answer:
 Please make sure your children, especially your daughter, have counseling and therapy through this. Being exposed to that sort of person is a kind of trauma, atop that of your marriage dissolving. Having a safe space with a professional able to gauge any impacts of this will help you and them in the long-term.

Call CPS in the meantime if you think the kids are in danger. Stay in touch with their teachers and pediatricians, and keep those lines of communication open.

Document /everything/. If your kids come home reporting problems, quietly note the date and event. Copy whatever your ex sends as texts or phone calls. A competent family law attorney will be able to help you craft that into a claim for custody. I'd suggest at minimum seeking physical custody. Ask the lawyer about an emergency ex parte order that would give you custody now if you don't already have that, on the basis that your ex is physically and psychologically threatened by her partner.


Title: How do I go about initiating a lawsuit over a hipaa violation?

Question:
Started a new job and have been extremely busy. We had open enrollment for the new year. Part of the open enrollment was a wellness check up and labs and I had kept putting it off because between 2 kids under 3 and a new job, I was finding it hard to leave the office for an hour to get the lab work done.

I have had a vasectomy planned for quite a while and it just so happened within 5 days after my surgery, I realized I had 2 days to get the wellness check and lab work. I went in and I brought it all my medications and antibiotics I was on and the lab technician said ,"Oh we don't need those, they wont affect your results."

My results were completely off. Particularly my Cotinine test. Now smoking for my wife and I was something we both gave up when we had kids. Our children would never see us smoke.

I go to my PCP a few weeks later per my health insurance provider, they run my blood work comes back normal. My PCP wrote them a letter explaining what had occurred considering the list of medications and the inaccuracy of a blood cotinine test as opposed to a urine or hair test and I've sent it to my health insurance provider.

Yesterday the Tobacco Cessation company paid for by my health insurance provider contacted my wife's cell phone to start my "treatment" completely disclosing the results of the test to my wife.

As an Adult who is not incapacitated and who has not signed a release form to give the company permission to distribute my medical information to my spouse, am I within my rights? Also how or who do I initiate my legal case to.

I'm in AZ - USA

Answer:
 You don't. There is no private action available under HIPAA. You can file a complaint. If you have suffered concrete damages (like your identity was compromised somehow) you can meet with an attorney to discuss if you may have the basis for a lawsuit.

http://www.hhs.gov/ocr/privacy/hipaa/complaints/

edit : added URL to file complaint.