Title: Boyfriend’s father threatening to file a restraining order

Question:
I dated a guy when I was 16 years old, but his father hated me for reasons that were never explained at the time and he broke us up after 10 months. He threatened to file a restraining order at the time but I was already gone.

2 years and 3 months later, we got back together. We’ve been together again for a year and a half, and I’ve regained contact with his parents again last Decemeber, but they are going through the divorce process.

The father is very emoionally abusive and manipulative, which is why the marriage is ending and my bf, his mom, his sister, and I avoid contact with him as much as possible.

Yesterday, I was going to stay at their home while everyone went to their college class and the father tried to make me leave because he said he was uncomfortable with me being there, but never gave an actual reason. (I barely ever speak to him, let alone be around him. So why i don’t know.) he threatened to call the police, and we had a long talk where he lied to me almost the whole time about everything that’s happened with both me and sean’s relationship and his marriage, accusing me of manipulating his wife (???), talking about how he went through our messages, etc. Then he tried to act like he was going to try to be nice and respectful to me and everyone else (which he has said before, but never done), and I told him I was really angry and to not speak to me.

In response to that, he told me I can’t disregard him like that and that he was going to file a restraining order today. Can he even do that?

I live in Florida.

TL;DR: can my boyfriend’s father file a restraining order against me when I have never threatened or commited violence against him, or stalked him, or anything? My boyfriend still lives with him so I need to know.

Answer:
 Your boyfriend's father can, at least in theory, get a restraining order requiring you to stay away from himself, but not one requiring you to stay away from your boyfriend. He's an adult, and his father no longer has that level of legal authority over his life. It doesn't sound like there are grounds for such an order _at all_, but he could still try it.

However, if his father doesn't like your boyfriend's choices, he no longer needs to support your boyfriend or provide him with a roof over his head. Florida only requires 15 days' notice to legally end a tenancy at will, and in family situations insufficient notice is rarely a major issue. Your boyfriend should probably look at moving out before that choice is made for him.


Title: Contesting s will in PA

Question: [deleted]

Answer:
 Your grandparents worked for every dollar they had, and it was their legal right to leave it to whomever they wanted. They could've left it all to their church and the Boy Scouts, not a dime to you, perfectly legally.

Why do you think your grandparents didn't have the right to do what they wanted with their own money? People are allowed to leave money to their friends.

If your dad wants to contest the will, he probably needs to step down as executor and let the court appoint an impartial executor.


Title: [AR] Cleared to return to work light duty, scheduled excessively.

Question:
Posting on behalf of my sister.

She has been working as a nurse at the local hospital for about eight months now. (I work here too, eight years). During this time she would get bouts of diverticulitis and have to take off. Finally her doc suggested a surgery to hopefully prevent it happening again (removing that section of colon). She agreed and had that surgery done about four weeks ago. That leave was approved and scheduled a few weeks in advance with her supervisor.

Now, she is mostly recovered but still has pain. She has been released back to work light duty but the hospital has chosen this time to reprimand her for her past absences (both approved and not, our policy is if you exceed a certain number in a year it is considered excessive and starts the disciplinary process). She tried to go back this past Sunday and couldn’t make it through a twelve hour shift. They state that if she “calls in” again she is subject to termination. Then they scheduled her for five twelve hour shifts starting today. Her doctor basically told her not to push herself so there’s no concrete restrictions on what she can do at work, just her judgement. Is there anything she can do to keep her job if her pain prevents her from finishing these shifts? Is the hospital violating any employment laws? She’s not covered by FMLA.

Answer: if she has a disability (even a temporary one) she should get her doctor to give her a letter stating such and request an accomodation.


Title: Accused of package theft by an apartment complex

Question:
I recently did a small job at an apartment complex.  I got an email from the person who hired me saying I had been caught on camera (by the complex - she was simply forwarding me their email) stealing a package, and I needed to return the package+contents of package to some address.

Now issue is I didn't take anything and their camera footage doesn't actual show me taking anything.  It shows me doing something dumb - picking up an interesting looking package and then putting it down (unfortunately I think I put it down outside of the cameras frame...).
This happened in an open (as in not even walled off, just along a wall) and unsecured mail room in the main foyer of the apartment building.  I had stopped there to put down my bags and rearrange my stuff.
There is a clear shot of me looking directly into the camera as well.  Tbh I'm more offended they thought I'd be dumb enough to steal something knowing i was on camera...

I have informed them I never took anything but haven't heard back.  I'm worried this may escalate and I'm wondering what potentially could happen / what I should do.  I honestly didn't take anything - my natural curiosity just kinda kicked my ass here.  I am an engineer with no record etc so I'm quite out of my element.

Note: I live in Maryland but this happened in Washington dc.

Answer:
 If the package was visable in the footage when you picked it up but not visable when you allegedly set it down then you moved. That's more than enough evidence to conclude that you took it.Answer #2: They can contact the police and file a report. That may or may not end in criminal charges.

The owner if the package can sue you civilly for the value of the contents. Answer #3: If you picked up (took possession of) the package then moved it to a place that it got lost or taken, this is on you. You don't have to still have the package to have stolen it. Answer #4: They could report it to the police, who could investigate and decide to charge you. If contacted by the police, don't speak to them, and then find a criminal defense attorney.


Title: OH, Neighbors threatened to call the police because someone on our property wasn't wearing "appropriate" clothes.

Question:
Hey r/legaladvice. My fiancé and I just bought a house in a small town in OH. This town has an average graduating class of 20ish in their k-12 schoolhouse and everyone seems to be pretty conservative/bible thumpy/etc. That doesn't bother me. What bothers me is when people expect everyone else to act their way.

My fiancé and I rent our mother in law suite out to her best friend, we'll call her Shelly. This is an extra building on our property that is in our back yard. One side of our back yard has a privacy fence while the other has a chain fence. Shelly wears shorts on the weekends which happen to be short shorts. Probably comparable to cross country running shorts. Its hot and humid in Ohio and I don't see a problem with this in the yard. She walks from her place to ours to do laundry and what not. Our neighbor knocked on our door the first weekend in our new place telling us there was a girl walking in her underwear and her nephew saw it. Fair enough, we asked Shelly to wear longer pants for the weekend.

Yesterday we received a note on the door from the neighbors saying they saw her in her underwear again and the next time the saw it they were going to call the police. At this point I want to break out my cross country shorts from high school and do a full day of yard work just to prove a point. Should I worry about them calling the police? Could a pair of short shorts get us in any trouble at all?

Answer: OP, you know it's a silly call. Just wear [this](https://www.flickr.com/photos/22904657@N03/2281932272) when you mow the lawn.


Title: Can you please ELI5 this clause in my lease (GA)?

Question: "Management shall have the right to increase the Rent due in any extension or renewal term by giving written notice at least 15 days prior to the date on which a written notice of nonrenewal must be given in order to end the initial lease term or any subsequent renewal or extension period."

Answer:
 If they're going to increase your rent for a renewal, they have to tell you about the increase at least 15 days before you have to tell them that you're not going to renew.

Let's say you have to give them 60 days notice that you're not renewing.  So, 75 days before the end of the lease, they have to tell you "by the way, if you do renew your lease, your new rent will be $XXXX"


Title: Someone logged into my Walmart account and attempted using my CC on file. It was declined, but there's a twist.

Question:
First, I know I shouldn't be saving CCs on websites. I typically don't, and I deleted it off my Walmart account as soon as I found out.

When I logged onto my Walmart account, I noticed there was a delivery address for someone in Florida, name and everything. Is there an authority I can kick this up to? Should I report it to Walmart? I've never encountered this situation and I would like to follow through with the appropriate response.

Answer: File a police report and report it to Walmart. Answer #2: Before messing around with cops or even Walmart, call you bank and tell them your account is compromised. Have them cancel your account and rush a replacement to you. That will solve the issue with someone having your card number. Then worry about punishing the black hats. (Lawyer who works for a card company)Answer #3: [Here is the form](http://cdn.corporate.walmart.com/7f/3e/725a3bb948b4be124c6083ed68fb/walmart-sams-club-identity-theft-victims-affidavit.pdf) that Walmart will want you to fill out. The name and address of the person in FL may or may not be the actual thief. Often the thieves will "hire" someone via Craigslist to receive packages and then deliver or re-ship them somewhere else. More times than not, the intermediary might not know they are doing anything wrong.


Title: Is it legal for a small employer to give employees an annual bonus conditional on proof of their self-health insurance?

Question:
United States

I have less than 10 employees.

Is it ok for me to provide a few hundred dollars bonus offer to all of of my employees, and to get it, they need to prove they have covered themselves for health insurance for the year prior, while employed?

The reason for this is to encourage financial and personal responsibility. I've learned that many of my employed do not have health insurance, even though it is often available to them for very little. (For example. $5 a month after tax credits.)

Answer:
 You can determine who gets a bonus for any reason, except for illegal discriminatory reasons. Race, religion, gender, etc..

Sounds like a fine idea.


Title: Jury duty on call for too long

Question:
I have been on call for jury duty since Monday July 10th, and have called in and am not required to go tomorrow (friday). I then called in to speak to a person and they said they will need more people for Monday.

Why are they ruining people's plans for longer than a week? I'm just supposed to sit around and wait 2 weeks for me to continue planning my life?

The summons says "jurors are on standby for 1 week and only report to the courthouse when instructed."

What is my right here?

Westchester, NY

Answer: Yea that's pretty much how jury duty works.Answer #2: Welcome to being an adult. I had to call in for 5 days.


Title: (Washington) Girlfriend's roommates unlocked her door over the weekend and people stole her stuff

Question: Over the weekend, my girlfriend and I went on a trip. She left her room door locked because we were going to be gone. Her roommates threw a party and for whatever reason unlocked the door to her room. Not only did people have sex in her bed they also stole a lot of her stuff. They stole about $500 worth of clothes and $800 worth of make up. She does make up for people as a hobby and is supposed to do it next weekend for a wedding but she can't afford new stuff at the moment so she's freaking out. She did not have renters insurance which obviously she should have. She's going down to file a police report but is there anything else legally that she can do? Any advice is very greatly appreciated. Thank you.

Answer:
 Nothing fast.

She could sue the roommates who threw the party, but they may or may not have full or partial liability and it will take months to complete.Answer #2: Does she have any idea who actually took her stuff?

Obviously, if she does, that would be ideal.  She can point the police at them, and sue them directly for the value of the items.

If not, she could try to hold her roommates responsible, given that she locked her door and they unlocked it.  (But she'll have to prove that happened if they deny it, so I hope the lock on the door is decent.)  That's negligence.Answer #3: I would recommend she get renter's insurance for the future.


Title: Friend has been harassed by random numbers for three years and now has revenge porn being posted online

Question:
My friend was a minor when these pictures were taken, and they have been sent these messages for about three years now. Since, they have had to drop out of public school. They tried to talk to the school police officer about it, but was told nothing more than a "don't send nudes." However, this child porn is now being posted to twitter and they are tagging their friends, liking and retweeting their friends, all in an attempt to publicize the revenge porn. My friend is devastated and suffers from severe anxiety. They have been puking and having panic attacks all day, as this is a recent development. We are in Arizona. Any help is appreciated, please
Topic:
Other Civil Matters

Answer: i mean posting child porn is illegal file a police report


Title: Is it legal to find somebodies personal information such as their home address and birth certificate online without their consent?

Question:
And I mean just one person looking for another persons address, nothing to do with organisations or companies
Topic:
Computer and Internet

Answer:
 Looking up publicly available information isn't illegal.

Back in my day, the phone company would send everyone a huuuuge paper book containing the phone number and address of nearly everyone in town.  For free!Answer #2: Is it illegal to Google someone? No


Title: Can a salary paid employee be forced to work over 40 hrs without additional compensation?

Question: (Texas) My fiance (24F) works on salary and her boss is telling her that she is expected to work upwards of 50-60 hrs/week without additional compensation. She has not signed anything agreeing to this and this stipulation is not listed in the company employee handbook.

Answer: That’s the point of being salaried from the employers position.  Assuming she is an exempt employee (look at DOL guidelines for this) then the maximum number of hours she can be required to work at her base salary is 168 per week.


Title: Not a personal question; wondering about a shady new niche of YouTube videos that are popping up

Question:
I recently found a niche of YouTube videos that appear to be new, but are gaining popularity at an alarming rate. Essentially, it'll be a guy going around on a street (I've only seen it be 6th st. Austin, known for drunk people) and getting drunk girls to make out with him/answer leading questions, and generally do things that they probably wouldn't while sober. The girls' faces are shown (though I've seen a few clips where they're blurred out - I'm assuming this is because the girl later tells the channel owner that she doesn't want her face up on YouTube as her drunk escapades are broadcasted for all to see). The guy himself will be totally sober while doing this.

&#x200B;

Ever since I found this stuff, I can't help but be in disbelief at how predatory it comes off. My gut instinct tells me something about this situation should be illegal. Are these people doing anything legally wrong?

Answer:
 99.99999% of videos like these are fake. Answer #2: This isn't new, sadly. Luckily, most of it is fake.

You can flag this stuff to Youtube itself though. Answer #3: >Are these people doing anything legally wrong?

IANAL.

There's nothing illegal about conversing with and/or recording people on the street, even if they're three sheets to the wind.

I think it MAY be hard to uphold a release if it was signed by someone who was visibly and obviously intoxicated, the producers of Girls Gone Wild fame learned that the hard way, IIRC.

Drunk people, as long as they're consenting adults, are generally free to embarrass or even incriminate themselves on camera...

I think a line MAY be crossed if there is sexual contact of any kind, so the kissing thing and any physical contact COULD be considered assault.  It could also be that these videos are 100% fake - it's YouTube.

The videos may also violate YouTube community standards, so feel free to go ahead and smash that report button, bruh.

Ultimately, there's probably nothing YOU can do from a legal standpoint as you have no damages. You could call your local representatives and petition for local laws to prohibit things like this in your town - good luck - and that's about it.


Title: Do I have to show up for a court date if it is scheduled in the past?

Question: I was issued a ticket with a mandatory court appearance, on **January 15, 2018**. Is this simply something regarded as a mistake and I have to contact the city to reschedule it? Thanks in advance.

Answer:
 You have three choices.

1.) Show up for the date that you know it was supposed to be.

2.) Call and get clarification and show up on the date they tell you to.

3.) Don't show up, wait for them to issue a warrant for failure to appear, and then try to use this as a defense to the judge on your new court data after possibly being arrested.

Your call how you want to handle it.


Title: Legally able to with hold rent?

Question:
Hey, I'm posting here again over the the same problem of my last post (link below) after talking to my roommates about how we need to document the problem; One of the said that we can legally with hold rent because of them not fixing the problem. Can we do so and it be legal?
Louisville, ky

Link: https://www.reddit.com/r/legaladvice/comments/g0nd83/bad_apt_maintenance/?utm_medium=android_app&utm_source=share

Louisville,ky

Answer:
 In KY, you may only withhold rent if you are using the money to perform a repair yourself, which can only be done if a landlord fails to perform an essential repair in a reasonable timeframe. There isn't an option in your state where you can put it in escrow to force them to pick up the pace and get a half-done repair finished. You can't withhold rent here.

For what it's forth, it's only been six days. Not fixing a hole they had to cut in drywall to fix any sort of water issue, in the middle of a pandemic, is going to take weeks before anyone is going to start to consider they've not performed repairs in a reasonable timeframe. If water is running or there is a flood, then yeah. That's a problem. A minor leak that is causing ceiling water damage like you describe is not a habitability issue.

They are not going to hold you liable for water damage. You cannot hold them responsible for your loss of confidence in them. That doesn't have a monetary value.


Title: A Mistresses Testimony in Divorce

Question: Basically I have a couple former mistresses of my husband who say they are willing to provide testimony. We have an infidelity clause in our prenup. Are they allowed to provide testimony? I haven't actually filed yet, and he doesn't know I know.

Answer: You need to hire a lawyer if you have enough assets to have bothered with a prenup.  Period.  This is not a DIY operation.


Title: Got caught shoplifting at target, please help!

Question:
(throwaway for obvious reasons)

Hey guys,

So today I got caught shoplifting at target. First time i've done something like this and was way out of character but still understand it doesn't excuse my behavior. Some background info: I live in a college town (in MA) so this was the target around 10 min away from campus. I have one semester left in school (i am 21) and I shoplifted makeup, food and a few other things that roughly add up to $200. The police got involved, and I have a hearing with the clerk-magistrate in a few weeks. The policeman said that because this is my first offense and I have a clean record and was very cooperative during this whole process, I most likely will just get off with a fine with nothing on my criminal record. However, there is a possibility it might escalate and it go to actual court. Does anyone know what the likely consequences are (jail time? getting kicked out of school)? I have never gotten in trouble and deeply regret it, although I know that doesn't matter now. Please help!

Edit: Police were involved but I was not arrested. Policeman said I'd get a letter in a few weeks with a hearing date and the clerk would be the one making the decision from there. Do I need an attorney for a clerk hearing? Should i go to the legal services at my university first and figure out what to do from there?
Topic:
Criminal Law

Answer: You’re going to want a criminal defense lawyer, don’t put it off find a CD lawyer as soon as you see this reply


Title: Does having a drink of alcohol completely invalidate any claim to consent for sex?

Question:
A friend of mine is having a bit of an anxiety attack over a situation he was in last Thursday. All of this information has been given to me multiple times over the course of the past couple days. This is in New Jersey, in case any people in the law field are viewing. My friend is 29 and the girl is 26

He had met a girl who he had known for a very long time at a bar. She had finished a drink when seeing him and my friend hasn't touched alcohol in seven years. They discussed their feelings for each other for a while and then she offered to get out of the bar and go for a walk. It starts raining, so my friend asks if she would like to go to his car and she agrees. She wasn't stumbling or belligerent and willingly got into his car. They drove around while taking and eventually started to hook up the car. My friend then says that they shouldn't do it there and asks if she'd like to go to his house. She gets a little miffed and says "Why start something you didn't want to finish? Who's at your house?" to which my friend replies that his mother is there asleep. They get to his house, she gets out of the car herself and follows him to the house. He opens the door for her and she walks in and says thanks.

They get to his bedroom and he asks her if she's okay and she says yes. They hook up again and start to undress and he asks if she is sure she's okay to have sex. She says yes and he goes to get a condom. He puts it on and it doesn't feel right so he goes and gets another one and puts it on. They have sex. My friend doesn't even finish, and when she does he asks if she'd like to continue. She says no and he stops there. She asks to be taken home and he takes her home. She kisses him goodbye and that's it.

The next day, he texts her good morning and she doesn't respond until later in the day. She is dismissive over the next couple of days until he asks if he is bothering her. She says no, she just regrets not hanging out more before having sex, and wouldn't want to hook up in the future. She also says that she wants to remain friends and is okay to hang out later. At this point, she has gone home to Colorado.

My friend is sickeningly anxious over the thought that he could end up in jail. He doesn't truly understand the law in NJ over his question: Does the fact that she had a drink invalidate any consent on her part? There is no proof she was intoxicated past the point of coherence, nor did he do this to take advantage of her. He didn't expect her to agree to meet up in the first place, and after he told her how he felt about her, that's when they both hooked up.

He has not slept over an hour and I am out of explanations. I've talked to his brother in law who is a cop who has said she would need hard evidence to stake a claim. He also said the fact that it's the Jersey Shore and that claims such as this are very common, the fact that she wasn't passing out drunk/vomiting stumbling etc. means that she had enough consent to do so. He wants a clear concise "You will be fine whether or not she brings this up" and I have been trying to convince him. His brother in law also said that she has waited too long (a week at this point) to bring up any evidence (semen, bruises from a struggle, the bac% level) to which there is none.

Is my friend okay? He needs to hear that he is; he's been a mess ever since she said that she regretted not hanging out more before hand. He takes that as she regrets having sex and thus that throws consent out of the window. I need help helping him.

Answer:
 Your friend is completely overreacting. She said they want to remain friends and it would be okay to hangout later. He doesn't need an answer about a potential rape case when none exists. Answer #2: Tell your friend to chill out. She wasnt raped and you never said she even feels that way. Does she regret the sex? Maybe but that doesnt mean she didnt consent. You cant retroactively take back consent. You can cease consent at anytime, but you cant take it back. It is probably one of those "things are weird now" situations after they had sex and now she doesnt want to continue. I say alcohol had no effect. Hes fine.

And to answer your question, its a gray area but generally I'd say, if you cant drive, you cant consent. Your legally drunk at that point but whether the other person feels they were taken advantage of is separate from that.


Title: Injunction for Restraining Order Denied: Defendant's Lawyer Advised My Advocate (NE Florida)

Question: [deleted]

Answer:
 If that lawyer is telling you how to successfully obtain a RO against his own client, he is doing so in violation of numerous attorney ethical rules and is risking his license to practice law.

>I was blindsided by the lawyer (letter of notice sent out two days ago. No time to reach me). I had to represent myself. As well as, at the last minute there was a change in judges to one known to be less inclined to grant such orders. Even my victim advocate shook her head when she saw the change.

What letter of notice and why is the change of judges relevant?


Title: Justice for LocationBot

Question: With the discontinuation of coolant to LocationBot's Azure server, it surely became what is known as a hotbox or sweatbox. By not moving LocationBot offsite during this time, it's was involuntarily forced to succumb to torture not used since the 19th century. I would argue that this is cruel and unusual punishment in violation of the 8th Amendment of the United States in which the Azure server was located. I will be speaking with advocates from r/botsrights in regards to this issue and I would like to see restitution LocationBot deserves.

Answer:
 Hear, hear!

(If only to gain favor before the coming bot takeover.)


Title: Question about indecent exposure law in Wisconsin.

Question: Hello, I have a question about the indecent exposure law in Wisconsin. I currently go to a gym that has a swimming pool, and when I'm changing in the locker rooms, there are children that come in there to change as well. The other day, I was in the family locker room (meaning any gender can enter), and a mom with her two children (male and female) walked in when I was drying off. I quickly covered myself with my pants, and she had asked me to put them on after she saw me nude from turning the corner (her only). Security came to me after the mom reported me, and they told me not to use this locker room any more, and someone would probably call the police if this escalated. I am just very concerned about this, and does this law apply to locker rooms? What should I do in the future to protect myself? Thanks.

Answer:
 You're playing this off like it was an innocent mistake. Your posting history indicates otherwise. First example I found*:

> I've been into incest for the past 17 years watching incest porn, hentai, stories, and so forth. I want to get into something else, but cant seem to. I want to try pregnancy, and STD-giving perhaps. I tried bestiality, and it didn't turn me on as much. What are some good fetishes I could get into?

Yeah, keep going into that dressing room. Maybe you'll be arrested and justice actually will be served.

*After reading this in the context of your post here I was so disgusted that I couldn't read further.Answer #2: You seem to take family locker room as mixing of people who don't mind seeing the opposite gender in the same locker room like a mixed bath or hot springs type situation.  Sort of a titillating experience.

It's definitely not for that.  A family locker room is for... families.  People who aren't comfortable bringing their children to change around adults who are not there in a parental role.  Please respect this.

Taken at faced value, I guess your question could be taken as almost a naive question but based on your response to those questioning your motives, it does seem like you have a less then innocent state of mind.

edit for clarity


Title: Employer makes employees be "on call" and we are not getting paid for it

Question:
So I work a minimum wage job in Arizona and my employer puts us on the schedule as on call and we have to be able to come into work or marked as "no call no show." I read an Arizona law [AZ Admin. Code R20-5-1202(12)] it states "Arizona minimum wage laws require employers to pay employees for on-call time if the employees are not permitted or able to use the time for their own purposes. The employees would be considered to be on duty. An employer does not need to pay employees for on-call time if the employees are able to use the time they are on call for their own purposes." I pretty much have to stay home. I can't even go out to lunch with my friends. Not sure what to do here, I haven't confronted them because I wanted advice first. Any help?

Edit:
Thank you guys for the input! I guess my job just sucks and am going to have to deal with it till I find a better one.

Answer: Why can't you go to lunch with your friends, aside from the fact that working a minimum wage job doesn't really pay for you to eat out?


Title: HELP! My Ex-Boyfriend Doxxed Me

Question: [deleted]

Answer: None of that was illegal. Doxxing isn't a crime and simply posting images of things you said isn't going to be an issue, your ex is not responsible for the conduct of others after seeing your statements.


Title: HOA issues in Phoenix AZ

Question:
So I live in an HOA which has its pros and cons. I recently purchased a shed and sent over the proper paperwork to make sure it would be approved. I sent them a few options and only 1 was approved. Well the shed is 8x20 and I have no RV access gate to just haul it in. I had a crane put the shed in the furthest spot they could reach which wasn't an approved area. So I started getting fined and I couldn't move the shed. Had multiple crane people come out and say they wouldn't be able to move it much further either.  HOA wants it 4ft off any wall and where it was place by crane was less then a foot away from wall.
So HOA started fining me..well life got hectic and busy so wasn't pay attention to mail much and with infant premie twins I had bigger priorities. Long story short is now they sent me a letter saying I owe roughly $700 and it all has to be payed in full in 1 week or I'll be going to collections. I can upload the document I got in the mail when I get home but more concerned with the collections part. Can they do this? Shouldn't I be able to make payments to them and or be givin a longer time? I know I kinda dropped they ball by not paying attention but I'm a new home owner and didn't know HOAs can do this. What are my rights as a home owner and what kinda options or solutions might I have.

Thanks

TLDR
HOA fined me, didn't check mail due to having other family events come up. Telling me I owe $700 in a week or sending me to collections. Need advice/help.

Answer:
 Well you not checking your mail isn't their fault or problem. You were told to move it via the HOA and they are fining you according to the bylaws.  Pay it or let it go to collections your choice.Answer #2: It doesn't really sound like you were wronged in any this.  HOA's suck for sure, but it was your responsibility to make sure you could place it where you needed before it was delivered.  Furthermore, it's your responsibility to move it.  And, it's your responsibility to open your mail/email and handle your business.

Pay the bill, move the shed.


Title: A neighbor's two dogs killed our cat on my front porch

Question:
A few days ago, our cat was sitting on my front porch and two dogs from down the road came from our woods (we live on 14 acres) and attacked, and killed, our cat. The entire attack was caught on our security cameras. According to the county Animal Control, the dogs were already classified as "potentially dangerous" under North Carolina General Statutes chapter 67-4.1. [Here's the pdf.](https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_67.pdf) Further down at 67-4.4 it says " The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal. "

In NC, it seems like there's a slight distinction between "potentially dangerous" and "dangerous". Can I still pursue this in court? Specifically, because one of the animal control officers told me that the dogs would be reclassified after this attack as dangerous. I'm only concerned because that means they weren't classified as dangerous at the time of the attack.

I read somewhere else that a lawyer said an attack that happens on my property means I can press charges regardless, for the intrinsic value of the pet and emotional damages. I would really likes some clarification before I contact an attorney and end up looking like an ass.

Answer:
 Speak with an attorney anyway, just call up for a phone consultation and see whether this is something that would be worth your time to pursue.  I would ask you, though, to consider what exactly are you going for in terms of the lawsuit.  Are you looking for compensation for the loss of your pet or are you seeking a court order to put the dogs down?  You need to be clear going in what you want to happen.  You won't look like an ass, you have suffered a harm from the acts and the owners may (and I stress "MAY") be negligent for their dogs escaping.  We don't know the facts, you don't know all of the facts, and sometimes the only way to know is to pursue a legal course of action.  No harm in asking.Answer #2: report them to animal control-if animal control does not take action call the police.

Did you incur vet bills? Did you buy the cat? Will you be buying another cat?

When my neighbors' dog killed my cat I got medical bills for cat that died, cost of new cat (it was a pure breed) and cost of spaying new cat from them-about 1800$  This was in Illinois.

Im so sorry about your pet:(


Title: (MA) Instagram Stalker Stealing Identity to Harass and Instagram Doing Nothing

Question:
Hello.

This post is made with a throwaway and I am also posting for a friend [we’ll call her A] who is not familiar with Reddit.

In early 2000s, A was married to B. They had a mutual acquaintance, C. A and B eventually divorced but remained in contact. B and C dated for a brief period. Long, long after B and C dated, C was raped by D - a friend of B. C reached out to A for B’s contact information to confront him about his friend, but A refused to provide the information to because she didn’t want to get in the middle of the situation. (Got it?)

When A refused to provide the information, C started calling her a rape apologist and created a twitter account obsessing over the situation, and harassing A in the process. The screenshots read like nonsense, the tweets are frantic.

Over the course of the last three months, C has moved from Twitter to Instagram. C has created no less than 18 Instagram accounts to leave harassing comments on A’s photos, B’s photos, and A’s husbands photos. The comments reference A’s children regularly, talking about how pedophiles are downloading his photo for their own use and things of that nature. The last handful of accounts have been direct attempts to impersonate - one was an exact username that A had recently stopped using to attempt to escape from C’s harassment. The next was an account with A’s exact legal name. The most recent is a play on the original username, but with A’s photo used as the profile picture (obviously without A’s permission.)

A has reached out to Instagram to report these accounts and been told each time that they don’t violate their standards.

As a final serious note, one user name did indicate that this would only stop once A was dead. That username WAS removed due to standards of violence.

A is located in Massachusetts, but C is in Canada.

Our main question is if this constitutes cyber harassment on a legal level and if it would be worth pursuing. I’m happy to answer any other questions that might help. Thanks so much if you’ve read this far.

Answer:
 It isn't clear whether this activity constitutes harassment, especially considering C's location in Canada.  Certainly A can report these behaviors to the police, but it isn't really clear any action can or will be taken on that report.

As a practical matter, why can't A simply set their Instagram account to private?


Title: Garnishment Restraining Notice on Joint Bank Account. 10 year old debt?

Question:
I tried to access my Bank of America account today and noticed that there was no money associated with both checking and savings account. Upon further inspection I noticed that there were several legal order fees and that a hold was placed on both accounts. I also opened a letter which explained that my account received a Garnishment restraining notice. It states: A judgement was entered on June 2008 in favor of plaintiff and against the below judgement debtors, in the amount of $9000 of which $9000, remains due and unpaid. The current judgement creditor is LVNV Funding LLC.

Now, this subpoena and restraining notice came from New York City, where I haven't lived in over 13 years. I moved to Georgia in 2005. I haven't had a bank account until recently when I opened a joint account with my elderly mother, who just recently immigrated here. All the money on the account, both checking and savings, were hers. What I want to know is: how do I remove the judgement against me and regain access to the money on the account and get this credit company off my back?

I also received two cashier's checks from Bank of America, which states that: "Under New York Law, you're entitled to an exemption of $3000. Since the balance in your accounts were more than this amount, we're enclosing our official check for the applicable exemption amount.

Answer:
 > how do I remove the judgement against me and regain access to the money on the account and get this credit company off my back?

You probably aren't getting the money back. If this was a valid judgement, and she is on the account, they can take the money. This is an inherant danger with shared bank accounts.


Title: What can be done to reduce the damage when inadmissible evidence that is defamatory to the defendant’s character is exposed to the jury?

Question:
Say the lawyer brings up stuff that is defamatory to the defendant and is objected to. The judge sustains the objection but the damage has been done. The jury now has this information in their mind. They would probably be instructed to ignore information that is not allowed but a lot of studies say that’s not really possible. It’s the whole “don’t think about the pink elephant” thing.

So I’m curious as to whether or not there are ways or methods that are or could be implemented to reduce the effects of inadmissible evidence on the jury.

Let me know what you think!

Answer: The attorney can move for a mistrial.  That's about it.Answer #2: They really harp on this in law school and any litigation trainings, you can never un-ring a bell. Like the user said above you can move for a mistrial.Answer #3: The first thing would be for the defense attorney to move for a mistrial.  If that's denied, and his client is convicted, he can bring it up on appeal.Answer #4: You could do a motion in limine before trial to attempt to prevent it from ever happening.


Title: My parents have been scammed, but I believe I have found the person responsible. Next steps?

Question:
Hi guys.

First of all, I would like to say that throughout this post, I will be trying to keep specific information to a minimum. I am only in the beginnings of my personal investigation, and would not want to jeopardise what I've already found, in the case person responsible is on Reddit.

Anyway, just after Christmas, I bought myself a new 4K TV. My parents were impressed, and wanted one of their own, but didn't want to pay what I paid, so looked online. They found a website listing a similar TV to mine, for around £100 cheaper, so decided to order it.

The website itself didn't look dodgy, it listed a full T&C's page, an address (which I looked up after this happened and found to be empty, but the site had only been up a short amount of time, so I gave it the benefit of the doubt, thinking it may not be updated) and it seemed like a lot of time went in to the listings, and there were many hundreds of products listed.

The dodgy part of this, which I wish I had warned them against, is that the seller asked for a BACS (bank transfer) for payment. I know BACS is good for sellers, and I know it can be well secured providing both accounts remain open, however, shortly after making the payment of multiple hundreds of pounds, the seller's account was closed.

That brings us up to today. When I found out that the account was closed, I decided to do a bit of investigation of my own when I returned home from work. I used publicly available services to find the registrar of the domain, and came up with a full name and address. One further search came up with a phone number, and confirmed the name and address as correct according to the domain website.

My question is now, what do I do next?

I was debating calling the person in question, and asking a generic question regarding the domain (to confirm they registered it and to confirm their name) however if this person is suspicious, they may catch on.

I was also considering getting the police involved, however I know that police involvement would more than likely deem my investigation useless, and it could be weeks before anything is actually done, if it is done at all.

What would you guys suggest?

If it would help, I have absolutely no problem in making all information I've found available to anyone who can help. I'm willing to do whatever is necessary to have this money returned to my parents.

Thank you for reading and I hope that someone here can help.

Answer: Police.  There's nothing you can do that will resolve this sooner than the police will, absent you tracking the person down and beating them up.  Which, consequently, will also land you in trouble.


Title: Neighbors car has been leaking fuel since JANUARY and my landlord refuses to believe me

Question:
At my apartment building we have assigned parking spots which are maybe 10-20ft from our buildings. The car that parks directly next to me has been leaking gasoline since January...I have sent my landlord numerous texts and pictures and she claims to have addressed it and says they have had the car checked out and it’s not their car leaking gas. When clearly it is. On multiple occasions she just ignores my text message(and pictures.) recently she has told me “I’m not sure there’s a problem.” I have contacted the police and the fire department. I have left notes informing my neighbors the smell of this car is making me sick and it’s NOT SAFE TO ALLOW YOUR CAR TO LEAK FUEL. They’ve been instructed to let the landlord know if they needed help....MOVING IS NOT AN OPTION.
Topic:
Landlord Tenant Housing

Answer: Is there literally a puddle of fuel on the ground or does it just smell like fuel?Answer #2: Try contacting your local air quality/pollution control agency to see if they are interested in taking up the issue. Take photos to document the leaking gasoline and make a record of dates, times etc.Answer #3: Each state has reportable quantities of hazardous materials (gasoline, oil etc.) that must be reported to the Department of Environmental Conservation. Even if they don't meet that per gallon threshold, most of the laws state that all releases must be cleaned up with 24 hours or something similar or they become reportable regardless of quantity.Answer #4: I think a match will take care of this problem


Title: My tenant is in the process of moving out, owing me $2000. I have no forwarding address where he can be served. What do I do?

Question:
I showed up to collect rent today, and half his stuff is moved out. I know he's coming back for the rest of his things, but I don't have enough time to go to the courthouse and have him served in small claims court. I'm MOSTLY sure it's illegal to change the locks. What should I do to make sure I can collect on the money he owes?

Edit: this is in Louisiana

Answer:
 Hire a process server and/or private investigator.  Answer #2: Do you think the tenant set up mail forwarding?

If so, you can send a letter to the tenant with "Return Service Requested" written on the envelope and your address as the return-address.

You'll get the letter back with a yellow sticker that states what the forwarding address is.  More info:

http://pe.usps.com/text/qsg300/Q507.htm


Title: Neighbor Hit My Car And Immediately Repaired It At A Body Shop

Question:
Hi All new here as I didn't know where else to get this kind of legal advice. My neighbor clearly side swiped my car (had her blue paint on my bumper) and the damage was consistent and the same size on both of our bumpers. She parks directly in the space next to me in our apartment building parking lot.

So, I decided to be a nice guy and talk to her about it before filing a police report and contacting insurance. She told me it could have been her boyfriend, as he drives her car often and said she was ask him and get back to me. The next morning, her car was gone and it did not return until today. The damage was gone as she got it repaired at a repair shop (but not well as you can see they did a shitty job with the paint).

So she never got back to me, but I took photos of the damage of course and recorded our conversation. Is there anything I can still do about this? Or am i shit out of luck due to it now being her word against mine?

Answer: Your car still has damages so report it to insurance. Answer #2: Never try to be a nice guy.  A few years ago I was working a second shift and had just gotten home.  An old tank of a station wagon pulled through the circle drive and hit my painted bumper and didn't stop.  I jumped in the truck and followed them.  They stopped a block up the road in a parking lot and switched places.  they were drunk as could be.   Trying to be nice, I didn't want to call the cops because they'd be getting DUIs.   Took the insurance info and later they claimed there weren't even there/no accident.   Fortunately, their insurance believed me when I described the woman.   Always call the cops.


Title: [Texas] My dad passed away last month and we're having problems understanding left over debt.

Question:
My dad passed away in April and me and my family have been trying to straighten out all the bills and debt that's left over. There was barely any money leftover from his life insurance after funeral costs.

Over the years, my dad has accumulated about 10,000 in credit card debt and my mom has no way of paying this herself. I know in some states, there's the community property law which the spouse takes over debt that was left behind, I think. I'm having issues trying to understand it. My mom has plans to call tomorrow to ask about what are some things she can really do. I'm trying to help her out to the best of my abilities, so I've come here seeking for help.

Is there a way my mom could possibly get out of paying such high debts?

Answer:
 Sorry about your loss.

Texas is a community property state that means any debts accrued during the marriage belong to both spouses equally. So she will probably be pursued for those bills.

She could possibly contact the CC companies and explain that her husband just died and see if there's a way to come up with some kind of settlement for a lesser amount. It's possible.


Title: Snake shipped without heat.

Question: I am distraught right now and need advice. I recently ordered a garter snake from a breeder in Utah. I live in Minnesota. The package (FED EX) was shipped 02/12 at 9am and was supposed to arrive by 10:30 today (02/13) but didn't get here till 2:00. When I opened the box, the snake was stiff and cold. there was no heating in the box, only foam insulation and newspaper to keep it in place. I brought it to the emergency vet and by some miracle he isnt dead yet. He has a heartbeat, but the vet couldnt see him breathing. He is staying there overnight to stay warm and get fluids. I am so heartbroken, and when I got in contact with the breeder he said he never puts heat in the boxes and that they ship fine. It got down to -20f degrees last night and isnt much better today. He has offered a replacement (Which I do not want if he will ship it in this condition) and how do I reclaim my vet bills (\~$200 so far). Who is at fault here? the no heat is not good, but the package arrived 3 1/2 hours late so that made everything worse. Where do I go from here?

Answer: Might be worth a call to Utah to report the breeder for animal cruelty.


Title: UPDATE: Health Insurance denied coverage for insulin refills to a Type 1 Diabetic (NC)

Question:
[Original Post Here](https://www.reddit.com/r/legaladvice/comments/4caevl/health_insurance_denied_coverage_for_insulin/)

I want to thank everyone for the really helpful, thoughtful, detailed responses to the original post.  My friend was really touched and wanted to respond and update everyone.

>He says:

Ok Guys, I’m the Patient, here with a summation and update…

First, thanks for all the responses and suggestions and a sincere thanks to my coworker the OP who started this thread in an attempt to help me after witnessing my struggle over the last 6+ weeks. I was diagnosed as an insulin dependent T1D many decades ago as a teenager. Let me address some of the confusion in this thread:

I have insulin, plenty of insulin, 7 vials of NovoLog® in the fridge at home currently. The issue is getting my OmniPod prescription filled through Edgepark Medical (DME Provider) with UnitedHealthcare (employer group health insurance).

Insurance coverage is active, insulin pump and supplies are covered as DME
^*Medical Coverage Details - Summary of Benefits and Coverage - Durable medical equipment In Network
80% covered after ded is met; diabetic pump/pump supplies cov under med; needles, syringes, test strips carved out to CVS Caremark*

This problem began when I placed my usual on-line refill order for a 90-day supply (4 boxes) of OmniPods on 02/16/16. That order was never filled and left in a status of ‘in processing’ on Edgepark’s website. I called them several times to check on the status of the order I was consistently told that they were working with my insurance to get the order filled (no action required from me). I called Edgepark 03/02/16 in dire straits, almost out of supplies and they overnight shipped a box of 10 Pods to me, provided I pay in full (to which I gladly complied).

To the posters who suggested the OmniPod is ‘past it's prime’, ‘old technology’, ‘expensive to maintain’…  Really?? Do a little research, look at engineering, design, corporate funding & sponsorship. There are Pros/Cons with all the FDA approved insulin infusion pumps currently available (check out FaceBook groups where people fervently defend/promote/curse their pumps). The OmniPod device has been ideal for me, infusion sites anywhere on the body, less opportunity for scar tissue build up, no disconnecting during extended swimming periods, no tubing issues when hiking and carrying supplies, the list goes on and on, and best of all current Hemoglobin A1c = 5.9 (has been 5.8 to 6.4 consistently for the last 6 years). So yeah, I’m a fan, big fan.

I have no long acting insulin or treatment regime for MDI (multiple daily injections), as I have had an insulin pump for 16 years (Medtronic for 10 years, OmniPod for 6 years).

Essentially there is no ‘Plan B’ for surviving without the pump. I contacted my OmniPod representative at Insulet and she left a few pods at my Endo’s office which I plan to pick up today. That should buy me another week or so to resolve this (I am currently wearing my last pod which expires tomorrow).  I could schedule an appointment with my Endo (pay the $220 fee as I have not yet met the annual deductible), get Lantus or whatever the appropriate protocol for long acting insulin is these days and devise a rudimentary treatment regimen, making an educated guess at dosages and frequency, but I’m trusting it won’t come to that.

In my lengthy discussion with UHC yesterday they confirmed that they did in fact have all of the information they requested:

•	Prescription from physician

•	Equipment price quote with description

•	Relevant physician office notes

•	Letter of Medical Necessity

The UNH representative put me on hold 4 times to confer with a supervisor as I read notes to her from my previous conversations with them. They now claim that they received the ‘relevant physician office notes’ on 03/24/16 and applied that documentation to a claim that was closed on 03/22/16. The representative told me that my only options at this point, are to appeal that claim (a process she estimated could take several weeks) or, start a new claim (which may be faster) but would require that I have providers resubmit all of that information again, because they ‘have no access to documentation stored with a claim that has been closed’.

I referred her to a letter I have from UHC dated 03/04/16 stating that they needed that same information submitted to them “within 45 calendar days from the date of this letter” to “cover the proposed A9274 External ambulatory insulin delivery system”. I pointed out that March 4th plus 45 days has not yet occurred, but she claimed to not have access to this letter.

My Employee HR Benefits Advocacy Group has now stepped in to help me with this and they claim that UHC has all of the required information. They also have a copy of the March 4th letter, littered with grammatical errors and referencing the ‘Laura Hester’ employee at Edgepark who has ‘not responded’ to UHC’s repeated enquires (Edgepark tells me they have no employee by that name). The HR Benefits Advocacy Group representative suggests I hold off on any further communication with UHC while they attempt to resolve this issue.

I don’t understand UHC’s objective here, do they want to force me to use a different pump? Are they truly this inept?

Everyone I’ve spoken with thus far has been polite, compassionate, sympathetic, and totally ineffective…

Answer:
 All that text and you still don't mention whether your claim was denied? Was it? On 3/22?

It sounds like you have a valid prescription and an HR Benefits Advocacy Group and UHC (I assume also UNH) is working on it. So let them work on it.

$220 is a pretty high co-pay for a doctor's appointment, wow.


Title: CA startup engineer - am I about to be wrongfully terminated? How do I protect myself?

Question: [deleted]

Answer:
 It's legal for them to fire you because they don't think you're performing well. It doesn't matter whether you think you're performing well, and generally doesn't matter even if you can *prove* you're performing well.

Depending on how much power your team lead has in the company and how close your relationship is, it may be worth asking them to help you demonstrate your value.


Title: [CA] Can I legally compel USPS to deliver my mail?

Question:
Our local USPS office is really, really bad. They skip 1-2 delivery days per week for our building, usually Saturday and occasionally Wednesday. The building I live in has a reasonable number of people (\~12 family units) and this is in a metropolitan area. I think it's especially hard for me because I do a lot of business out of my home and so I rely on a functioning mail system. Even if I were to switch as much as possible to FedEx, some things are just outside of my control and ultimately I want USPS to function as we all expect them to.

I asked USPS customer service about this and they told me I had to call a separate complaints number, but based on their customer service line which regularly has waits of 1-2 hours I am expecting the complaint line to just be a black hole. Instead, I am wondering if there are any legal avenues available to compel USPS to fulfill their duties as mail couriers. As far as I am aware, they should be providing service 6 days per week, and they are routinely failing to meet that obligation. All I want is for them to go drop off mail every day they're supposed to.

Is there anything I can do here, or are they effectively immune?
Topic:
Other Civil Matters

Answer:
 IANAL, hopefully others will chime in.

One thing I do know you can do is go talk to your local Postmaster about the situation. Google USPS Postmaster Finder to figure out who/where yours is. I wouldn't bother calling, try and go see the person.

They may be able to give you information about why the breaks in service are happening (understaffed, unable to access the mailroom, whatever), or it may turn out that they're unaware of the issue and what they have is a slacking employee or scheduling issues.

Of course, I can't guarantee this will solve your problem, but it's at least a good place to start. Answer #2: First off, sign up for Informed Delivery. Every morning you will get an email with a scanned image of the front of each piece of mail. You will know ahead of time what will be delivered as all mail is scanned when it is received (before it goes out for delivery).

This will eliminate you guessing if mail should have been delivered that day. There are options on the site to flag things not delivered - or you can use that info when you speak to the PostmasterAnswer #3: Whether they are required to do so and whether you have standing or a statutory cause of action are two seprate issues. It would be surprising if Congress create a private right of action for failure to deliver mail every day.

You could get a P.O. box, which may be wise because a lot of cities have prohibitons on Home occupations to one extent or another. Answer #4: You could try contacting the USPS Office of Inspector General. This might constitute waste that they’d be interested in knowing about.

https://www.uspsoig.gov/hotline


Title: [IL] Wife was just told her last day is on Friday

Question:
Hello,

My wife was just told her last day of work is this Friday. She currently is contracted through a staffing agency working on site. Her contract was supposed to end in October but was let go prematurely since the company isn't doing well.

Will she qualify for unemployment? Should there be severance pay since it was before her contract? She is a permanent resident and has been working there for 1.5 years as a contractor.

Answer:
 > Will she qualify for unemployment?

That's up to the state.  Can't hurt to ask.

> Should there be severance pay since it was before her contract?

That depends on the contract.  Is there a penalty written into the contract for early termination by the employer?


Title: [GA] My pregnant cousin has been arrested and will possibly be incarcerated for a long time. Who will have custody of the child when it is born?

Question:
My cousin and her baby daddy got arrested for DUI and possession last night. This is the second DUI charge and she was put in jail 2 different times for probation violations on the first DUI charge. My aunt is not concerned about my cousin as much as she is the baby.

She knows for sure that she wants custody of the child, but she is worried about the father's paternal rights. He will most likely insist that the baby go to his mother. His mother has a history of being in abusive relationships. She moves around into different men's house when it suits her.

I guess my main questions are what are the father's rights when it comes to deciding who will be able to take custody of the baby? What is the state's  procedure in making this decision? What will happen if the paternal grandmother challenges my aunt for custody? And are there any things my aunt needs to be doing to be proactive in this situation?

Also, I forgot to mention that there is a small chance that the father is not my cousin's boyfriend.
Topic:
Custody Divorce and Family

Answer:
 Get a test done when the baby is born to find out who is the father. The father will then get custody. Your aunt will then need to file for custody and prove Dad is unfit. That will not be easy. Answer #2: Georgia is different than other states when it comes to the rights of fathers who are not married to the mothers. The father will have no legal rights to the child, even if he signs a paternity acknowledgment (a legal form that unmarried parents can sign at the hospital). This is because in Georgia the father has no legal rights to custody until the child is legitimated. Under current law, the only way for an unmarried father to legitimate a child is to file an action in court.

All that being said, if the child is born while the mother is in jail or prison, DFCS will likely get involved. DFCS and a juvenile court judge will look to place the child first with a family member, then secondly with a foster family. The judge will likely look for someone in the mother’s family due to the legitimation issues. But the standard is “the best interest of the child,” so the judge probably has some leeway.

Your family should hire a family law attorney to help with these questions. They are more complicated than it looks.

Edit: fixed typos


Title: Landlord won’t allow me to get a pet.

Question:
I grew up with cats and I’ve always wanted one since I moved into my own apartment. My lease says that pets are not allowed unless you receive written approval from the landlord. That said, before I signed my lease, the employee who gave me a tour of the property told me that asking for landlord approval is basically a formality. She said many people in the building have pets and she’s never seen someone be turned down. With that in mind, (and seeing a couple dogs around the property during the tour)  I signed the lease. Now months later, I’ve decided to finally get a cat (what better time than the quarantine right?). I sent my landlord an email asking for approval, and he responded saying that the apartment policy is and has always been to only approve service and support animals. I told him that I relied on the statement from the employee when I signed the lease and that I believed that that constituted an express warranty but he basically told me that the policy is the policy and there’s nothing I can do.

I really don’t want to go through the hassle of trying to get a registered support animal (which I  might qualify for, I don’t know I’m not a therapist). Is there anything I can do or am I screwed because of what the lease says?

Answer:
 You can't have a pet, and there is no emotional support animal registration.Answer #2: >  I told him that I relied on the statement from the employee when I signed the lease

life and legal lesson. If it's not in the lease then it doesn't count. the lease is the complete agreement between you and your landlord. if you wanted a pet you shouldn't have signed a lease that required landlord approval.Answer #3: The landlord is only bound by the language on the lease you signed. Any representations made before the signing of the lease become irrelevant once you agree to the written terms of the lease.


Title: Soon to be ex doesnt want kids to go on vacation, and i have to stay home with them?

Question:
So my husband and I just officially called it (as in this week). Haven't been to court yet, still figuring things out.. now we have a huge family cruise with my whole family next month. He was never going because of work, but the kids and I were. He text me last night and said he no longer feels comfortable with them going on a cruise with me and my family... I just responded that we would need to speak this weekend, but if the kids did not go on the vacation- he would need to figure out daycare for all 3 of them for the week and cover that cost himself. He said he spoke to his brother (does title law or something but not divorce) and his brother told him since I am the primary care giver during the week, it would be my responsibility to stay home with them...
So I don't want to take the kids without his permission, but if he truly said no to them going, would I be forced then to stay home? Or would he need to figure out child care?
Topic:
Custody Divorce and Family

Answer:
 As there is no custody agreement in place, you have every legal right to take the children on this planned vacation. Telling you that you have to watch the kids and do it where he tells you is absurd.Answer #2: absent a court order stating otherwise, you can take the kidsAnswer #3: Never ever take legal advice from a legal adversary.  He made up everything he said because he wants it to be true.Answer #4: First, document all of this. It will come in handy down the road. Making last minute changes, trying to stop the kids from spending an enriching vacation with family, impulsively ruining plans, etc. are NOT in the best interest of the kids. Document the communications and save backups.

Then, take the kids on the cruise. Ask family to help and be there for support.Answer #5: He can’t force you to stay at home.Answer #6: Screenshot all the conversations.

Sounds manipulating af! Since you two are not technically divorced you can take your children where you please.  If there was a divorce and a custody agreement saying otherwise he is SOL.Answer #7: iANAL but am going through a divorce and dealing with custody issues.  If you are married and there is no custody arrangement, you can take the children anywhere you want....but get an attorney now.


Title: Modeling director issue (FL)

Question:
My girlfriend is having a bit of an issue with her modeling director. She's done 7 shoots with a photographer (for magazines, ect.) and was told by her director that these werent paid, just voluntary but would be great to add to her portfolio. She later finds out from her co-director that these were infact paid and the money was given to the director to distribute. My gf asked the photographer of provide proof of payment to the director, which he did. Payments were made to the director through paypal

This made my gf very upset about being lied to and taken advantage of. She emailed her director asking about this and the director denies everything and basically said that she is violating the contract (which the director wrote herself) by talking to others about it and that if she is unhappy she can leave, but will have to pay a fine. The contract states she is not allowed to discuss or show the contract to anyone, including parents, friends, ect. The contract also states that if she leaves (this director) she will have to pay $7,000. The contract also has a bunch of other bogus stuff in it.

Also to mention, that another girl left last year because of issues with this director, and paid $4,500(after negiation) to leave.

How legally binding is this contract?  The director is threatening to bring her lawyers in on it, which i doubt she has anyways.

Answer:
 Get a lawyer. Have said lawyer look over this contract.

However, generally speaking, for a contract to be valid it needs to have clear benefits for both sides. For example, I can't convince you to sign a contract saying you'll give me a million bucks just because, and then sue you for those million bucks.

If the photographer isn't paying the models, I doubt a contract with monetary penalties for quitting modeling will hold up. Just my read on the whole thing.

SHE SHOULD HAVE A LAWYER LOOK OVER THE CONTRACT.


Title: Leasing office says they have the right to assess a fee if we do not allow them to enter our rooms to show prospective tenants, do they?

Question:
Leasing office is saying that if we do not keep our doors unlocked to allow perspective tenants to view the room, then we can be assessed a fee as per the lease.

Does this sound right?

I found the portion in the lease in which in talks about it, but nowhere does it mention a fee.

I’m not fond of having to change my schedule, or be uncomfortable in my own home in order to let strangers see my living space.

http://i.imgur.com/sbc2HCN.jpg <— Here is where it talks about the “Right to enter”

Anything I can do? I plan on keeping my door locked during tours.
Topic:
Landlord Tenant Housing

Answer: You have to allow them access to the rental if they have given you proper notice.


Title: My mother was cooking soup with a pressure cooker, it exploded and put first and second degree burns on her entire face and nearly all of her right arm.

Question:
29/6/18 Or for Americans 6/29/19.
My mum was cooking soup, I was in the next room over when I heard an explosion, and my mum started yelling in pain.
The pressure cooker had exploded and thrown boiling soup and water all over the room and my mother and a small amount on her girlfriend.
my mothers girlfriend instantly got a bowl of cold water and immediately put her face in the water to cool it down and attempt to stop it from getting worse, but then brought her into the shower to ease the burns on her face and arm.
We called an ambulance, and the paramedics quickly took her to the hospital seeing the burns and her general condition.
When she arrived home again, about 3 hours after she was taken to the hospital (about midnight), her face was noticeably swollen.
Although described the burns as being similar to a "severe sunburn" the next morning her face had completely swelled up beyond recognition, and she could not open her right eye at all, she also had multiple small to medium sized blisters all around her face, ranging from the size of a fingernail to a tube of chapstick.
She then went to the hospital again, where they then said the burns were far worse than they had initially believed, and prescribed her with painkillers.
Although this morning the swelling has considerably decreased, her face is still painfully swollen, and red.

We are now wondering what we can do in the form of compensation.

This is in Victoria Australia.
Topic:
Non-US

Answer:
 I imagine at some point it will be in question if she knew how to use the pressure cooker correctly.

I'm not saying she didn't, but that will likely come up if this is pursued.Answer #2: >29/6/18 Or for Americans 6/29/19

Pretty sure it's still 2018 for them too. Answer #3: How old was it? Had it been  properly maintained ( The rubber seal changed as needed, having it calibration  correctly if it wasn’t a weighted pressure cooker ) all of this can have a impact on how it works. They are dangerous and if anything is off they can and will explode.if you think you have a case talk to a  lawyer Answer #4: If you seal them wrong, they can burst.  if you over fill them, they can burst. If they get damaged around the pressure release valve or the seal, they can burst.

It could have been defective, but there is a big margin for user error and is very well likely her own fault. Answer #5: My question is, why would you feel she's due compensation?  Pressure cookers are dangerous and full of risk of doing exactly what happened.  You'd have to prove a material defect was the cause vs improper use.Answer #6: Who would you try to get compensation from?Answer #7: Try cross posting to r/AusLegal.Answer #8: She can ask the company to cover her medical bills. Or she can speak to a lawyer / solicitor.


Title: Suggested to post here by /r/relationships - Me [26 M] had consensual sexual contact with a married [25 F], and now she is threatening to call the police and claim I raped her. I need advice

Question:
Throw away account. I'm going to keep this simple.

Met a married 25 year old female about 3 months ago. We got along well but nothing came out of it. Of course it wouldn't because she is married, right?

Two nights ago she sent me a text telling me she was alone and considering a one-night stand (her husband travels for work). I admit I am a scumbag and I went for it.

She ends up giving me an enthusiastic BJ, but ends up deciding she isn't so much into having me touch her vagina. We end up just messing around for a while and enjoying each other without vaginal penetration. I hung out for a while after we finished up and she was happy and cool. I suspected nothing wrong, she even told me multiple times that she wanted to meet again.

This morning (two days later) she sent me a lot of text messages saying she regrets what happened, she does not feel clean within her own skin, and that she is going to commit suicide. I apologized profusely and said what I could to try and make the situation better (not much can be said honestly). A few hours later, she stopped with the suicide-talk and instead is threatening to go to the police and claim I raped her.

Guys, I did not rape her. I may be a piece of shit who fucks married women, but I do NOT continue going when my partner says stop. I am not fucked up like that. The first thing this girl did when I met her two nights ago was suck my face off and I still have bite marks on my ear. It was 100% consensual

Anyway, I ask for advice because I am a dumbass and I deleted all of our previous text messages. In the event she does come after me with rape claims, I don't know what I could do to defend myself. I have stopped responding to her and don't know what to do. Any help is much appreciated

**TL;DR Married woman eagerly blew me, feels guilty, is threatening to get me arrested for rape. What should I do?**

Answer:
 You have to recover those texts. I don't know how, but hopefully someone more tech savvy can share on how that is possible.

Bite marks on the ear could be interpreted as a wound she inflicted on you by defending herself. IMO this isn't something I'd use as evidence in your defense. You really need those text messages back, and hopefully you have some that were sent after your sexual encounter showing that she wanted to see you again.

If the police get involved, get a lawyer and don't speak with the police without a lawyer present.


Title: Medical malpractice? Lost fetus at 10 weeka

Question:
I lost my baby at 10 weeks. I had called my doctor to complain that I was violently stomach sick after eating ham sandwiches at two different locations.  The nurse specifically asked if I had eaten anything that might have upset my stomach and I said yes ham sandwiches. I had forgotten that pregnant women aren't supposed to eat deli meat because of listeria concerns, which can cause a miscarriage. This happened at 4 weeks.
I took immodium for a few days and the diarrhea stopped. At my 8 week appt my doctor said the baby was small and that there was a chance I would lose the baby. In the next two weeks, I started bleeding and eventually lost the baby.
My question is, knowing that a pregnant woman can lose a baby due to listeria, should my doctor have intervened when she heard about the sandwich? And thus is there a legal claim?
Thanks

Answer:
 The doctor didn't have any reason to intervene when you mentioned eating ham sandwiches. You weren't reporting symptoms of listeria. There's not really any reason to think the ham sandwiches caused the miscarriage.Answer #2: Most likely not at all.

> I had forgotten that pregnant women aren't supposed to eat deli meat because of listeria concerns

This is not the doctors fault, I'm sorry. Answer #3: There is very little a doctor can do this early on in a pregnancy. I am very sorry for your loss.Answer #4: I'm sorry for your loss.  The problem you face is you don't really know if you had listeria.  You could have had a virus.  How soon after eating the sandwiches did you begin to feel sick?  If it was less than 2-3 days then it probably wasn't listeria, since incubation time is a few days to one month.  The doctor can't prescribe antibiotics every time someone feels sick because that helps create the antibiotic resistant superbugs.

Also taking Imodium with food poisoning, which is what listeria is, is a *bad* idea.  Your body needs to get rid of the bacteria or virus that was making it sick.  You should have made an appointment and been seen by your physician as soon as symptoms appeared.  Your doctor can only go off how you are reacting, they can't read minds.

[https://www.mayoclinic.org/diseases-conditions/listeria-infection/symptoms-causes/syc-20355269](https://www.mayoclinic.org/diseases-conditions/listeria-infection/symptoms-causes/syc-20355269)

[https://www.msn.com/en-us/health/wellness/food-poisoning-what-are-the-symptoms-how-do-i-recover/ar-BBMSgT5](https://www.msn.com/en-us/health/wellness/food-poisoning-what-are-the-symptoms-how-do-i-recover/ar-BBMSgT5)


Title: While apartment hunting a leasing office of apartment complex refused to provide a copy of the lease agreement for review unless I submitted an application and its fee.

Question:
After hassling them they stated that I could only review the lease while present in the office. I could not make a copy nor have it reviewed by a third party unless they were present in the office. Is this legal? And if not can I report it?

In NJ.

Answer:
 Sounds like this apartment complex did you a favor.  Run. Run as fast as you can.

Some management companies are fine... some are absolute nightmares that give landlords a bad name.  This one is the latter and you didn't even have to be a tenant to realize it.

If they're being this shady to potential tenants, imagine how they're going to act to you once you've signed a contract that forces you to give them money whether you want to or not?


Title: Red light camera, spiral privledge?

Question:
Edit: oh no, autocorrect! It should say spousal!

Hi everyone! My husband made a not so great right hand turn on red down here in Miami and I received a violation since he was in my car. I requested court (real court) and the date is next week
 I am panicking about what to say and how to say it.
My husband says "dont say shit, no one will be there to represent the camera and it will get thrown out". But I am so skeptical.
If they do ask on what grounds am I not guilty, I can honestly say it was not me driving but there was an affidavit for that. One that I felt uneasy about filing out because I would have to give all of my husband's info. Doesn't this fall under spousal privledge? Can't I protect him?

Any wording or advice would be greatly appreciated!

Answer:
 > Can't I protect him?

From what? Is it just a fine? Either you or your husband will pay it. What do you want to protect him from? Paying a fine? When you tell the court you were not driving they're going to ask who was driving, and you cannot lie, you'd be committing perjury.


Title: Supposedly underage girl's father threatening me?

Question:
I was on POF app for about a month and yesterday this decent enough looking girl starts a message with me.  She wasn't GORGEOUS to look like a scam but a 7 out of 10, so I just said "meh". 23 years old. Nothing seemed fake at all, she asked for my number after saying she never uses this app.

A few hours into texting we send..pictures to each other with her initiating it. We set up a time for her to come to my house. Obviously I had to give her my address and apt number. So 2 hours later still no response after she was supposedly "coming over right now".

Some guy calls me and claims to be the father. He starts threatening me by saying how she's underage (15 my ass) and how he's gonna come to my house for messing with his daughter, etc. I am not sure if he's right or just a scam, So I sent him a video of me loading my shotgun with shells.

The question is..Is this guy gonna actually try something or is he harmless and just wanting money? I think legally I'm in the clear but who knows. Call me naive, whatever you want. I just wanted to date someone for pete's sake :(

Answer: This is an incredibly common scam. Block. Ignore, move on.Answer #2: It's a scam


Title: Getting sued for something I did at 17 in FL. Need to know what kind of attorney I need to contact.

Question: Long story short I pulled out to far past a median and a car in on coming traffic scratched the entire side of their vehicle pretty badly. No one was injured! (It even says in the officers comments on the police report no one was injured!!) 5 years later I'm being sued for medical expenses on said accident (10k!!). Mediation was the other day and I live in Arkansas, apparently my mother (who lives in Florida, place of the accident) failed to send in a letter for me to appear by phone so I defaulted (I also never received a letter stating I had to apear). But they are still going to court with my mother (I think I failed to add I was driving my mothers vehicle under her insurance). I'm just a little confused as to where I stand now and what kind of attorney I need to talk to and if i need to talk to one in Fl or Arkansas. Thank you in advance to anyone willing to give me any pointers, and I know, I need to stop relying on my mom...

Answer:
 Did anyone contact your insurance company at the time?Answer #2: (It even says in the officers comments on the police report no one was injured!!)

Most police officers don't have medical degrees.


Title: Someone drew a penis on my facebook profile picture and posted it in a chat room with 1 other person.

Question: Is there anything i can legally do about this? They're in a different country. I'm in USA.

Answer: You can legally grow thicker skin.Answer #2: File a report with Facebook and let them handle it. No, there’s really nothing you can do, legally. Let it go and move on with your life.Answer #3: You can tell them to grow up.  And perhaps remind yourself of that advice too.Answer #4: There is nothing illegal about this.Answer #5: There's a lot you can legally do. There's nothing you could successfully litigiously do. Answer #6: Deleting your Facebook account would be a great first step.


Title: [Michigan] Are retail employees not allowed to take breaks?

Question:
I work retail, my shifts are usually 9 hours long (hourly wage). The floor of our store is tile, so my feet usually hurt really bad by the end. So, to ease the pain I sit down for a couple minutes when there's no customers in the store.

My boss was watching the cameras and saw me sitting down for under 5 minutes. He got angry with me, so I told him that I do not get any breaks whatsoever so I need a moment to sit down when I have nothing else to do. He responded that I'm not entitled to any breaks at all, not even sitting down for a moment.

Is this right? I don't think it's morally right, but I thought technically employees are entitled to breaks?

Answer:
 Yes, they're right. You are not entitled to breaks under MI law and can be fired for it. Answer #2: >There are no requirements for breaks, meal or rest periods for employees 18 years of age or older

http://www.michigan.gov/lara/0,4601,7-154-11407_32352-117201--,00.html


Title: Can my parents take my son from me?

Question: [deleted]

Answer: So your parents have kidnapped your kid.  If they don't give him back, call the cops.Answer #2: You are the mother, not them. They have kidnapped your child. Call police to be there with you when you go get him.


Title: [NJ] Girlfriend stabbed me a glass shard after I complained that she knocked a bottle onto the ground

Question:
Title says it all, girlfriend stabbed me with a glass shard , think she aimed for my upper arm but I reacted and tried to stop her and she ended up stabbing me in the thumb (pic here (NSFW):http://i.imgur.com/5Muebux.jpg), now i'm wondering what degree of assault this is and what I should do next from here?
Topic:
Personal Injury

Answer: Who cares what degree of assault it is. Call the police. Answer #2: Go to the emergency room right now you need stitchesAnswer #3: Call the police and let them deal with it. Also, break up with her.


Title: LLC Owner but not member, made a huge mistake choosing an authorized member and he is causing a lot of trouble already

Question: [deleted]

Answer: You didn't get an attorney to assist you in setting up the business properly in the beginning. Now you'll need an attorney to help you untangle this mess.


Title: Landlord refuses to apply pet deposit to pet damages

Question:
I am in Indiana. My previous landlord is claiming that my pet damaged the carpet. A pet deposit (it is listed as pet deposit NOT pet fee in the lease) was paid when we moved in, however it is listed as "non refundable" on my lease. I am not asking for a refund on the pet deposit, but I am asking for it to be put toward the alleged pet damages and they are refusing to do so. Do I have any recourse here?
Thanks in advance

Answer:
 If the damage to the carpets exceeds the pet deposit, they are allowed to come after you for the excess. Is that what's happening, or are they flat-out refusing to touch the pet deposit?Answer #2: A few things jump to mind...

If the damage exceeds the amount of the deposit, they can demand the balance, that's fine. It's negotiable, and you may be able to settle on a number that keeps both parties out of court. Or you can refuse anything - they can sue you, at which point a judge would consider the wording of the lease and could force them to apply your "pet **deposit** first, and if that doesn't cover it, the judge will award them some damages - likely not as much as they want, and probably more than you'll be totally happy with.

A non-refundable deposit is still a deposit, and would be used to off-set any damage caused by pets, even if it's very minor.... I'd consider that the Pet Deposit would apply to pet damages before any extra money is sought.

Most states consider carpet a "wear and tear" item with a limited lifespan, often somewhat at a judges discretion, but typically somewhere between 5 and 10 years based on the original cost/quality, manufacturers warranties, things like that.... so if the carpet was old enough they may be boned. It may also be up to the choice of mitigation of pet damages - self cleaning, professional cleaning, or replacement?


Title: Renting my personal car to a lyft or uber driver.

Question: What are the risks involved in doing so? I'm mainly concerned about theft...

Answer:
 Be aware that your insurance might not cover you if you start doing so. Make sure that you update your coverage accordingly. Some people don't and the first time they hear that insurance companies don't like people renting their cars like that is when their claim is denied.

Some locations, like major airports, require specialized licenses to pick up from them. While that's where the money is, if you don't have a license there's a chance that they'll hit you with a fairly significant fine. Make sure you know the rules pertaining to the areas you're picking up from.

You'll have to drive everywhere yourself. Don't give anyone else your keys. They'll steal or wreck your car. If a passenger happens to have a firearm and decides to carjack you, let him have the car. You can always file with the police later.

That's just off my head. Chances of theft are low, but higher than they would be otherwise. If you're in the area but want lower risk [there's Roadie](https://www.roadie.com/) which is just like Uber or Lyft, only you're transporting packages instead of people.Answer #2: Both companies require proof of title. Your prospective renter won't be qualified to drive.


Title: Class action lawsuit against Takata and their airbags. A few questions.

Question:
My 09 Honda Civic got hit with the airbag recall.  I took it to a dealership and got it replaced for free.

A few months after that I get a letter in the mail saying I can be a part of a class action lawsuit against Takata, who made the defective airbags.

1)  Is this lawsuit worth my time?

2) What could the expected compensation be?

3) Because I took my car to a Honda dealership to get the airbags replaced, does this mean I signed off saying I will not attempt to sue or be a part of any class action lawsuits?

Answer:
 > 1) Is this lawsuit worth my time?

Yes. You would have to do literally *nothing*.

> 3) Because I took my car to a Honda dealership to get the airbags replaced, does this mean I signed off saying I will not attempt to sue or be a part of any class action lawsuits?

Nobody can answer that without reading what you signed.


Title: Protecting fathers rights

Question:
So me and the girlfriend had our first baby on May 13th. We are not married but have been together for a while. Things seem to be deteriorating with the relationship and my trust for her so I was wanting to be proactive and see if there are any steps I can take to protect my rights as a father?

I don't want to take the baby or limit her time with him either because she is a good mother; we just don't seem to be working out anymore. However, she does seem to be the type to be spiteful for not getting what she wants which is why I'd like to try and protect myself now. I'm mostly trying to secure my rights for visitation but any tips for not being screwed-over on child support if she goes that route?

I've been paying her bills and buying everything she and the baby need while she's out of work and will continue to do so regardless of how our relationship turns. I don't know how child support works but I don't want to be responsible for back-pay if she files it later down the line.. If that's even possible. I guess I need to know 2har what to expect in that regard.

I live in Georgia (United States)

Answer:
 Georgia doesn’t do retroactive child support, so you don’t have to worry about that.

Beyond that you cannot get “screwed” on support.  Support is a mathematical calculation based on income and custody.

Custody is determined by what is in the best interests of the child. While the child is nursing you will likely get less custody. But once the kid is eating baby food a transition to something closer to 50/50 would be reasonable.

If litigation happens you should find a way to get an attorney.


Title: Wife's car was traded in, 21 days later, car is in accident. Claim is put against wife and she is now in collections with suspended license

Question:
Hi -

On 4/4/2017, my wife traded in her 2006 Honda CRV to Honda (documentation available). Honda held the car until 4/25 when it went to auction. During that time, the owner on the title was not changed by Honda.

On 4/24/2017, the car was auctioned off. It was crashed by the uninsured driver on 4/25/2017. A claim was made against my insurance who denied the claim after I provided documentation showing that the car was not owned by nor in our possession. I contacted Honda who informed us that they had contacted the insurance company and sorted this out.

Fast forward to today, we receive a letter in the mail stating that my wife is in collections from Progressive for the accident as she was "at fault" and her license has been suspended.

I have contacted the state attorney generals office and have documentation showing that we did not own the car. I have also contacted progressive and am waiting to hear back.

Throughout this entire situation, Honda has been completely unhelpful and refused to assist. They also sold the car to an uninsured motorist which resulted in my wife being put into collections, damage to her credit, and her license being suspended.

Is there legal recourse to sue Honda for damages / any sort of punitive damages here? Also are we able to sue the purchaser of the car since they did not register the car in their name and crashed it then did not own up to ownership of the accident?

Edit: Location is Orlando Florida

Answer:
 Get a lawyer.  This is definitely a situation where a claim should be considered.Answer #2: Well Progressive Insurance can't cancel a drivers license. You should consult a consumer attorney to handle Progressive Insurance for you. As you are now aware corporations will ignore you so you need a lawyer to represent her to the companies.Answer #3: The claim from Progressive can (and should) be disputed, both with them and with the credit agencies.

The license suspension can (and should) be disputed with the DMV.

But I don't see how monetary damages can be assigned here. It's very difficult to sue based on incorrect credit reporting. As of now they haven't actually cost you personally any money.

Also: you keep saying that you plan to sue "Honda." I hope this is just shorthand, because by no means do you have a claim against Honda Corporation themselves. Dealerships are independent businesses.Answer #4: NAL.   Having a license suspended and potential insurance hit is worth talking to a lawyer first thing Monday morning.

Show all documentation to said lawyer, and appeal the license suspension with whoever handles such things in FL.  Letter to the seller at the auction, and more importantly, the buyer.  Would bet my watch and chain that someone bought it at the auction and they or someone known to them saw a vehicle to go play in.


Title: Is it defamation libel to write about my child abuse experiences on social media and fundraise for philanthropic organizations?

Question:
My birth mother is violent and mentally ill, yet refused to seek medical attention. She has found gratification in physically hurting me, since I was 4 years old. A few extended relatives told me the woman was “sick in the head” while I was a child. After leaving to college at 17, I managed to escape the abuse.

I don’t use social media much, and have my privacy settings on high. I have wrote on Facebook in support of domestic violence and child abuse help organizations as far back as 5 years ago, when I was 19. I had also organized workshops for mental health awareness on my college campus. I have continued to fundraise for these organizations after graduating. Since Facebook allows users to set up philanthropy fundraisers on their birthdays, I’ve been consistently doing so and adding a short paragraph about my childhood experiences along with information about the organization. I also write in support of National DV Awareness month (October) and National Child Abuse Prevention Month (April). My ideal career is in social work and public health.

In this past year, I have learned that someone has been relaying my sparse Facebook posts to my birth mother. She has been stalking me by reaching out to my friends. The woman has also told them she will find me and kill me. I was able to pursue a restraining order based on the threat. However, at the last court date, my birth mother stated that she wants to counter-sue me with a restraining order. I can only imagine she is enraged that after 15 years of child abuse and torture, I have found the courage to speak up and ‘embarrass’ her status. Does she have the grounds to pursue a restraining order based on my Facebook philanthropy posts?

TL;DR I’ve been physically abused by woman since childhood. I post about mental health awareness, child abuse and domestic violence. I fundraise for the organizations. Woman has found out. Can woman pursue this as defamation and does she have grounds for a counter-restraining order?

Answer:
 It isn’t defamation to talk about experiences that happened to you, but you can’t make any comments about her mental state or disorders that you have no proof she’s been diagnosed with. That would be defamation.Answer #2: > Does she have the grounds to pursue a restraining order based on my Facebook philanthropy posts?

Two separate questions here.  (1) A restraining order is a court order that requires someone to not contact or get near or interact with someone else. You haven't been threatening her, so it's highly unlikely any court would grant a restraining order restricting your ability to contact her; and you wouldn't care if they did, right, since you don't talk with her?

(2) She can sue you for defamation (slander) if she feels like it.  Truth is an absolute defense in a defamation lawsuit, but it doesn't stop someone from filing a lawsuit in the first place.  You might want to find an attorney (through the state bar referral service, perhaps) for a short consult.  Many attorneys offer a free short initial consult of 20-30 minutes.  Attorneys will tend to be risk-averse and will usually tell you "doing this risks a lawsuit, so if you want to avoid a lawsuit, don't do it; but I see this is important to you, so you're going to have to balance the tension between two things, and here are some guidelines I'd advise if you must post these things."  As I wrote, their job is to reduce your risk.