Title: Maintenance personnel attempting to enter my apartment without notification or announcing their presence/entry... twice.

Question:
I recently had a repair done on my bathroom door by a maintenance worker. I gave them permission to enter when I called, and I was not home when he arrived. I got home while he was working, and chatted with him a while. He was enamored with the collectibles and video games/equipment in the apartment and talked about it with me for a while. He seemed like a nice enough guy.

A few days later I was in bed, and heard someone trying a key in the door. I figured it was my girlfriend and that she was carrying stuff, and after a few attempts I figured I'd get up and get the door.

I was surprised to find it was a maintenance worker (the same guy), trying keys to get into my apartment. He looked as astonished as I was that I opened the door while he was trying to enter, and he asked if I was "Building XXX apartment YYY" (Different building, off by one number, Apartment was the same). Maintenance workers here *always* knock and must announce "Maintenance!" before they attempt to enter a unit, even if they have permission to enter. He did not.

I told him it was incorrect and chalked it up to a mistake but I got curious and called the office and asked if there was a pending work order for the building/apartment he referenced. There wasn't. They apologized profusely but made no effort to verify that he even had a work order at the building/apartment he specified. They never followed up with me, either.

Three days later, I hear someone trying to enter my apartment again, this time later in the evening. I was already mad about the last time and knew it wasn't my girlfriend this time, so I threw open the door to find the same guy. He offered another half-assed excuse as to why he was there, only this time not offering a building/apartment number he was trying to access.

I live in the state of Illinois. Given what has happened already and what may occur in the future if I am not home, what are my rights for landlord right of access, and how does this apply to maintenance workers in this case?

I want to bring this to corporate but they are lackadaisical and will generally dismiss any problem, regardless of how serious or concerning. I want to know my legal rights in terms of their right of entry as well as some advice on how to proceed from here when I inevitably contact their corporate office about this.

I do still have the work order from when this worker made the repair, so it would be easy to identify him as well to corporate.

Any suggestions or advice are greatly appreciated!

Answer: I'm 99.9% certain he is there to steal your shit.  I would get some cameras, one pointed at the entrance and more to cover whats valuable.  Also IANAL, but maybe look into temporarily changing your locks until management deals with the issue.


Title: Moved out of joint and several apartment with non-rent paying, room-invading roommate. How can I protect myself from him and the landlord?

Question:
Hi Reddit, I hope you can give me some suggestions. My situation is in Massachusetts.

Several months ago I moved in with a roommate via Craigslist who turned out to be a bit of a psychopath. He regularly smoked in the apartment (a violation of the lease), played the TV loudly so I couldn't sleep, paid rent late every month, owed me hundreds of dollars in unpaid utilities (including two bounced checks along the way), and invaded my room at 3 in the morning while I was sleeping. I started taking steps to leave last May.

I met with the landlord management company and asked if there was anything they could do given the numerous lease violations (late rent and policy violations). They said they wouldn't do anything. They told me that the only way I could get off the lease was if I found someone to replace me. So I started looking. In mid-July, my roommate indicated he had a friend to replace me, so I stopped looking. The friend wrote me a check for the security deposit and the balance of utilities my former roommate owed me (I'm not sure how he convinced him to do that). I accepted the check. I found a place and moved out July 27th, and a few days later, the management company indicated that my roommate and my replacement's credit scores weren't good enough, so they wouldn't accept the replacement. I'd already signed my new lease and moved out, so I turned in my keys, which they accepted. My official move-out date was August 1st, but I'm still on the lease.

When I found out the friend was rejected, I emailed everyone involved indicating I would return the rejected tenant's security deposit and demanded my former roommate pay me for the utilities. My former roommate replied that I should "keep the money and that the guy would be staying there for a month." I did not consent to him staying there, but since I haven't been there, I have no proof that he's there except for the email indicating he would be.

I put up a Craigslist ad continuing to look for new tenants, and I've been forwarding the qualified ones to my former roommate and copying the landlord. The management company asked me to stop sending them tenants until a final one has been selected. I told them that I would continue sending my former roommate and the management company qualified tenants to replace me until I was no longer responsible for the lease. My former roommate has not cooperated in meeting with any of the prospective tenants.

I'm worried that at some point down the line my former roommate or my landlord may try to sue me for unpaid rent, or that I may suffer hits to my credit score due to my former roommate's behavior. Since he is perfectly happy to use me as a guarantor for him and his buddy, and the management office is apparently perfectly happy to tolerate his behavior as long as they can sue me if he stops paying rent, I'm feeling like I'm in a tight spot, and I'd like to know what I can do to protect myself. Thanks in advance.

Answer: If you're still on the lease, you need to pay the rent (and any damages) if they fail to do so. That's really all there is to it.


Title: (Oregon) How do i make sure my attorney doesnt charge me and my girlfriend 40 percent on contingency?

Question:
My girlfriend and i were involved in a motor vehicle accident and were sriously injured. i called an attorney and he said that my case was pretty easy win. ok, so when i get the paper work in the mail a week later i see that hes charging 30 percent just to represent me and 40 percent if it actually comes to standing in court.

i want to know if he will be taking 40 percent from both me and my girlfriend equalling out to 80 percent of our total settlement?  and how do i not get charged 30-40 percent when the attorney said its an easy win? he said to me "i do NOT take cases unless i am atleast 90 percent sure i can win, and i would be glad to represent you." please help.
Topic:
Insurance

Answer: It won't be 80%. 30% if it settles and 40% if it goes to trial is an almost universally standard contingency arrangement in this type of case.


Title: Confusing child custody case between two states. I don't think what just happened is even legal.

Question:
Update: I have hired an attorney. The order is valid and Missouri has continued jurisdiction because the original order was filed in Missouri. However, the father cannot just come take my child, which was my main concern. Since I was never served, my attorney has entered a motion to vacate judgement. Thank you everyone for your help!

I'm so sorry, but this is a long back story that holds (what I think are) relevant details. I thank whoever reads this and gives me any kind of advice in advance. I will seek legal counsel Monday morning but I am so anxious over all of this, I'd like some peace of mind.

Child in question is 4 years old and was born in Missouri. Father and I were never married. Father is on the birth certificate. Child and I moved to California when child was 9 months old due to domestic violence from father towards me and neglect of our child from father, as well. Child has been with me this entire time. The father and I were in a long, drawn out case where at the end we settled on joint legal custody and a very specific visitation schedule where father was to visit his child in California every other month and I was to take our child to Missouri to visit his father the other months. Visitation between father and child was to be supervised by paternal grandparents. Very expensive and inconvenient. I followed these orders for almost an entire year, however father never came to see his child in California and when father had child in Missouri, the supervision which was ordered was questionable.

Eventually, father quit seeing child all together. Last July, I took child to see father in Missouri and child was returned to me with bite marks, bruises and scratches. I involved Child Protective Services in California and California courts. Father was non-compliant with investigation and the court ruled no contact between father and child until we returned to court. We never returned to court.

I got a great job in Texas, so child and I have been living in Texas with his grandmother since August of this year. While browsing my name just this evening on Missouri's court database, I learned that a judge granted child's father sole legal and physical custody, no child support and supervised visitation for myself (mother) this past September.

I have not been served any kind of paperwork or summons to appear in court, I have not been to court in Missouri since the original judgement was filed and they have no grounds on which to take away my rights. I have no criminal record, I'm a great mother, I have a career, professional license and have always taken great care of child alone with no assistance from anyone. How can they rule such a thing when father hasn't even seen child in a year and half? Child does not remember father, father does not ever call or maintain contact. I'm worried. Is this legal? Father has not paid child support in two months.

Thanks in advance.

eta:words
Topic:
Custody Divorce and Family

Answer:
 > I have not been served any kind of paperwork

If you were not served or the court did not have published in your local newspaper information about the court case then you can move to vacate the judgment. You need to hire a lawyer in MO to file the paperwork. Most likely this was a move to invalidate the child support payments by the father.


Title: Recruiter screwed me

Question:
Hi,

I took a contract for a job with my recruiter with an official offer letter of $25, after I was signed on they changed the offer letter to $21 and had me sign that. I thought the employer had done it but came to find out no it was the recruiter. My employer is paying the same amount for me as any other $25/hr employee but my recruiter stiffed me and is pocketing the cash. I cannot find any copy of the original I had and the recruiter deleted the document from my account. Is there anything I can do?

I am in California Bay Area

Answer:
 What are you looking to do? You signed off on $21/hr. Why didn't you ask on the front side of this if you had an issue with that amount?Answer #2: How did you pay the recruiter? A fairly common way staffing agencies get paid is that they take an amount per hour from your wage which is what this sounds like unless you paid them some other way as wellAnswer #3: > after I was signed on they changed the offer letter to $21 and had me sign that.

why did you sign it if it was changed?


Title: SC: Property left in apartment by roommates: can i claim it?

Question:
My roommate's lease to our apartment recently ran out (we have individual leases). He was given until the end of the week, yesterday, to come and clean up whatever in his bedroom and finish moving out. As of today, he still has things here. He no longer has the legal right to enter the apartment without mine or management's approval, so says management. Can i claim ownership to the items left behind?
Topic:
Landlord Tenant Housing

Answer:
 To add to the succinctness of /u/chey1789 the answer is 'No' because:

A) The property doesn't belong to you.
B) You're not even on the same lease, so even if he left his own property, it's not your job to remove it when the apartment is vacated.


Title: I (a minor) am on P*rnHub without my permission.

Question:
Minneapolis, Minnesota. I’m F 15 and the other 2 people mentioned are M 24 and  M 26.

So I’ve been friends with this guy who’s 24 and we agreed to have sex. It was initially my idea but he was on board with it and said it was fine. He brought his 26 year old friend along in case he wanted to join in (which he didn’t, but he sat and masturbated) He told me he has never been sexually attracted to a minor or done anything sexual with a minor. He suggested we consumed alcohol and we did, I was very intoxicated after. We had sex and I’m assuming I didn’t notice his friend was filming, and it’s on Pornhub. The only reason I know is he sent it to me.  I reported the video and emailed PornHub and they haven’t responded. Is there anything legal I can do?

Answer:
 Tell your parents and go to the police. You are a victim of sexual assault and child sexual exploitation. The people who did this to you deserve to be in prison.Answer #2: Your a minor. Go to the police. The guy filmed himself committing a serious felony.Answer #3: Report to the police and report the video on the website. Please don’t be ashamed, tell your parents.Answer #4: Call the police.Answer #5: Even if this was your idea, those grown men should have never agreed to have sex with you. What they did is a felony and filming it only makes it worse. Many of them will say that they have never been sexually attracted to somebody your age before, but that is a lie. They make a habit of it. They become friends with you first and then let you suggest the idea of having sex, which was their intention the whole time.

Call the police. You mentioned you don't have a parent available to help you? Do you have a legal guardian? A foster parent? A trusted adult? Tell them. This is not your fault.


Title: Employer makes us pay several hundred dollars for parking, and keeps raising the rate. Is this legal? [KY]

Question:
Parking is somewhat cramped at my employer, so all employees are charged over $350 a year for a "parking benefit". It's deducted from our pay-stubs just like health insurance or any other actual benefit.

This rate has increased significantly over the past few years,
when the fee was first charged it was fifty or sixty dollars and only for seasonal visitors. But it has proven a significant source of income, and employees are now equally charged. My employer deflects all complaints by explaining that everyone in the organization pays, from the president on down. Which is true, but I imagine when you make $150k a year you really don't miss it.

Recently, most employees were promised a raise. However the *parking benefit* will also be increasing (in what is probably an equivalent amount but we're not sure yet). For most of us, this will negate the improved income, and I imagine a few people will actually be losing money.

Is this kosher, would we have any grounds to challenge this? If it matters, we are technically state employees.

Answer:
 Are you a teacher at a public university? Because this sounds a lot like a college parking dispute.  Answer #2: Are you forced to park there or are you agreeing to park there and they are deductions from your check?

Also, you either are or aren’t govt employees.Answer #3: Yes, it's legal. If you don't want to pay for parking, don't drive to work (or park somewhere else).Answer #4: Kentucky law only permits deductions from paychecks of things that are required by law or permitted by law. This isn't required (like SS tax), so you have to figure out if it's permitted. There are several categories of things that are permitted, and this appears to be the applicable one: "The cost of board, lodging, or other facilities (such as merchandise in company stores) provided to employees, but only where such items are customarily furnished by the employer and the deduction is limited to the employer's reasonable cost". Parking would count an "other facility" which is customarily furnished by the employer, so perhaps your only angle here is to figure out if the deduction is limited to the employer's reasonable cost. I have no idea what the parking costs are in your area, but do you think $350 per year is reasonable for parking?

https://www.blr.com/Compensation/Compensation/Deductions-From-Pay-in-KentuckyAnswer #5: If+when you're no longer parking on their property but continue being charged for this, then come back.


Title: My complex refuses to change my locks, but I think someone may be entering my home. What are my options? (TX)

Question: [deleted]

Answer: i would set up a motion activated camera that will alert you if someone enters, then call the cops.


Title: [WA] Trust Fund Lawyer Wants To Take Money Out Of My Account For Herself

Question:
Hello! I am currently 17 years old. My great grandmother passed away and left me about $20,000. My grandmother was supposed to set up the accounts, but did it completely wrong along with my family randomly taking money out of my account. My grandmother is not the smartest, and kept trying to fight that the account was fine but on behalf of my mother/father lawyers came in and secured my account, making it so I will receive the entire account when I turn 18. That's sort of what happened, it's a big mess honestly.

However, years later (this account was locked when I was 14), the lawyer who is "looking after" my annuity account wants to withdraw $2,687.97. I don't have a lot of money in it in the first place, and I really need this money for college. This woman does nothing, it's just a locked account. There's a hearing date in September. Is there anything I can do? I really don't want to lose anymore money, this is all I have for college.
Topic:
Wills Trusts and Estates

Answer:
 IANAL, but have you (or your guardian) requested an itemized bill for services rendered to this amount? That should be your first step. After that, if you still feel like you're being cheated, I believe that a trust fund guardian can use the trust funds to defend their actions in court.

Lawyers, I'm very sorry for the lack of proper terminology. Answer #2: Sounds like the attorney filed a Petition for Attorney's fees and asking to be paid out of your money.  This will have to be approved by the court before it gets paid.  Likely the Attorney had to submit billing and/or a declaration regarding how much time they have spent on the cast.

Realize that this request could be for the entire time they've ever worked on the case and that sounds like a very reasonable fee.  The court's usually consider the work performed and the ability of the guardianship estate to pay.

>This woman does nothing,

She got the money secured from your grandmother who was spending it.  That's not nothing, she did work and should be paid for doing that work.  Unless your parents agree to pay her fee personally (they aren't required to) how else is she supposed to pay?

If you really want to object to the fees, talk to your parents about it.


Title: What types of evidence are there?

Question: Testimony, demonstrative, exhibits, etc. Any more?

Answer:
 We don't do homework hereAnswer #2: homework?

you know, Google exists


Title: So...I'm an idiot. Keyed my exes car and she saw me. She may file a police report and will likely get a restraining order.

Question: I'm in Tennessee. Will I definitely have to go to court on just the restraining order? It's a class A misdemeanor in my state. What does that mean relative to my job as a teacher? I swear, I'm not like this. I just made an emotional mistake.

Answer:
 Hire a lawyer, because you are in serious jeopardy of losing your job on this one.Answer #2: A misdemeanor is a criminal offense and you will likely lose your job. The restraining order is likely enough to get you terminated. Get an attorney to figure out all out.Answer #3: > Will I definitely have to go to court on just the restraining order?

If you want to dispute it, yes.

>  I swear, I'm not like this. I just made an emotional mistak

It's not great.  Talk to your teacher's union representative about it.  They may be able to give you feedback on how this impacts your employment.


Title: Law Office making false claims about my employer online.

Question:
Just wanted your opinion.  I am a medical debt collection agent at a small company.  Our strength is our professionalism and compassion.

When googling ourselves, I type "Our Company" in the search bar and "Our Company Complaints" comes up as a suggestion.  Click that and high on the first page we find a law firm's website with a page specific to Our Company.

> Our Company is a company separate from the original creditor who attempts to collect on the past-due accounts which have been “charged off” and purchased by them.

This is false.  We do not purchase debt.

>  Our Company also has been known to sue consumers who have a past due balance.

This is also false.

My questions :

Is this libel?

As I understand it, we would have to prove that we suffered monetary damages to have a decent cause to sue.  That seems difficult to prove.  Am I right about that?  (Will our owners and the attorneys even care, beyond perhaps sending a "hey, cut it out" letter?)

Thanks in advance, debt collector in New Hampshire.

Answer:
 >> Our Company is a company separate from the original creditor who attempts to collect on the past-due accounts which have been “charged off” and purchased by them.

> This is false. We do not purchase debt.

Then what do you do?

> >Our Company also has been known to sue consumers who have a past due balance.

>This is also false.

Your company doesn't sue people?

Defamation generally requires knowing untruth.  If these statements are mostly or kinda true, you're going to have little or no luck pursuing a defamation suit.


Title: tenant wants to stay extra "month or two" after lease is up, i don't want to deal with month to month and want to lease apartment for a year to someone else

Question: this is in new york city and tenant just hired a lawyer. Lease ends June 30. I have someone to lease apt to from July 1 but am wary of signing lease if old tenant isn't going to leave. What options do i have?

Answer: have you given him proper written notice that you're not going to renew his lease and you need him to vacate at the end of the agreement?


Title: I might have had my FERPA rights violated as a freshmen and I'm not sure what to do. They took a video of me for a scholarship and it humiliated me and my family. What should I do?

Question: [deleted]

Answer:
 >He told me that what happened with the video was a violation of my FERPA rights, especially if the videographer and the organization never had me sign a waiver nor did they let me have final say in the video.

 No to all of that. Your FERPA rights weren't violated by you *permitting* an entity (that possibly wasn't even a school) to film a video you had every reason to expect would be seen by others. Why would they need you to sign a waiver?


Title: Ex had our sons ears pierced without checking with me first (he's 4) [Illinois]

Question: [deleted]

Answer:
 Unless the order specifically addresses this or something very much like it (and I don't think "health, etc" counts), or she has -- in the judge's opinion -- a history of pushing the boundaries, this wouldn't be "contempt worthy." It may result in a change to the order and possibly an instruction to remove the piercings.

Changing gears -- how does your son feel about them? How will your son feel about hearing that mom and dad are fighting and going to court over him again? Is this really worth the time, money, stress, and impact on your child? Answer #2: Ear piercing is not health related. It would fall more under hair cuts than surgery. So unless you have to mutually agree on hair cuts, she isn't in contempt

So unless your court order says she cannot do that then she is likely fine. You can go to court to order the earrings out and the holes to close but she is equally the parent and gets a say in these things. So no telling what a judge might do. Answer #3: I think you got the pissy part of your user name right.

You need to calm down and back off. While you may not have liked her choice in getting his ears pierced, it is not even close to worthy of wasting the courts time with this kind of bullshit.


Title: Landlord wants to terminate lease early due to property sale

Question:
My current landlords are attempting to sell their home (CA) although our lease contract doesn't expire for another 8 months. They state that selling the home is necessary due to being recently furloughed because of COVID and that we must vacate by the end of escrow closing. The house was on sale originally but ultimately taken off the market prior to our lease agreement. They have multiple properties that are rented out so I am suspicious that the main reason to sell is they already have a prospective buyer.

The lease has a termination clause for the tenant breaking the contract, but nothing about the landlord breaking without cause. We haven't missed any payments and have been excellent tenants so from what I've been reading, we technically don't have to accept any agreement, since there's nothing in our contract about it. They threatened to give me 30 day notice, but since we're on a lease (and not month to month) they can't kick us out unless we've missed payments / damaged property. Them threatening me with a 30-day makes me think they already have a buyer because otherwise they would be giving up the monthly rent money if it takes longer to sell.

What are my options here? Should I force for a buyout?

Answer: They can't remove you before your lease is up just because they sell.  Figure out how much money you want in exchange for leaving early and give them the number. Otherwise you can stay.


Title: Apartment flooded now neighbors want compensation.

Question:
My apartment sprinklers tube in the ceiling broke and started flooding my apartment. Since I am in the upper level the neighbors want compensation from my insurance and their insurance keeps sending me letters about a claim.

What are my rights in this case? Wasn’t even my fault but can they claim or request money? The pvc was outside in the attic but close enough to my property.  This is in the state of Florida.

Thank you for the advice.
Topic:
Real Estate law

Answer: Contact your homeowners or renters insurance, they will investigate the claim and will determine if you are liable. If you somehow caused the damage then your liability coverage will pay for the damages. If your insurer does not believe your negligence caused the damage then they have a duty to defend you.


Title: can i get my felony dropped

Question: I am 18 I was speeding and driving carelessly when I passed the cop heading in  the opposite direction i didn't even see him turn around but I turned on the first road to my left and into the first driveway to get off the main road in case he did get behind me I never saw him behind me at all and he got me for fleeing and invading

Answer: Get a lawyer.


Title: Friend stole $700 as an employee from Walmart [New Mexico]

Question:
So my Friend got terminated today for Gross misconduct for stealing over a period of a few weeks $100 from the registers up front. When they took him back to the office to terminate him they informed him that he will be served and summoned to court by mail since the police officer did not arrive after 90mins.

I did some researchin out of curiosity and found that in new mexico, theft of $700 is a fourth degree felony if above $500 and below $2500.

Being purely speculative here, he doesn't have a criminal record, helps in a charity, and only stole that money just so he could feed his family and help him get out of the current place he resides (which is a deplorable place). Would the court consider all this information in addition to the warranted sentence for this and maybe still fine him and maybe give him a probationary period as well as pay restitution to WalMart? Or does it depend on what the prosecution is willing to agree too?

Answer:
 Well, a lot is going to depend on what, if anything, he is charged with.  He hasn't been charged yet, and the state may not care enough to pursue the case/there may not be enough hard evidence to make a case worth pursuing.  In terms of the criminal charges: if/when he receives the formal notice of his charges, he should get a criminal lawyer and discuss his options.  Felonies will ruin your life, so if he is charged with a felony, he NEEDS to get a lawyer to see about getting the charges reduced.  Not having a prior criminal record will help with this.

WalMart can still come after him civilly for the damages, but civil suits do not have any criminal punishments attached.  Likely he can settle out of court if he offers to repay some or all of what he took.

Overall, the court does not care too much about sob stories.  The solution to not being able to pay your bills is to make sacrifices and/or get additional jobs, not to steal things that are not yours.  When my house was robbed, one of the things they found was a pamphlet about food assistance.  Maybe the guy only robbed my house to feed his family, but that doesn't make what he did any less wrong in the eyes of the law nor does it make up for what he stole from me.


Title: My girlfriend is getting charged with a DUI but was never physically arrested.

Question:
So a few month ago my girlfriend ran into a patrol officers vehicle (what are the chances huh). We had, had drinks a few hours before the incident, she states the real reason for the accident was that she had left her glasses at home. Anyways, the accident totaled both vehicles and she was sent to the ER. A responding officer requested dui blood work to be done and she agreed to show she was being cooperative. And that was the end of it. No arresting, no charges etc. it’s been a few months and this morning she got a summons for court in two weeks. Shes being charged with DUI, unlawful blood alcohol with property damage/injury. This is in FLORIDA. Hillsborough County to be exact.

My questions are:
Is there a way for us to obtain her test results?? And if so how, so we can see what her blood alcohol content was. And what should our next steps be? We both have the day off tomorrow so we’re gonna start talking to a few lawyers and get some consultations.

Answer:
 > what are the chances huh

They're lower when you're sober and can see.    Does her driver's license require her to wear corrective lenses ?

It's fairly common for a person to not be cited at the time of a DUI-suspected collision.  With injuries serious enough to require an ER visit, it's likely that some of the usual investigative steps weren't taken (field sobriety tests, examination of eyes and speech, etc).    The officer very likely got the appropriate warrant to have her blood seized and sent for testing.

Her defense attorney is going to get the crime lab BAC results as part of the discovery process, and the police should have retained a second test vial that her attorney can have tested independently.     The hospital may also have done BAC testing that she can obtain as part of her medical records, though those tests might not be admissible in court because there's a different chain of custody and different testing machinery.

There are procedural elements and scientific evidentiary elements that DUI attorneys use to defend these cases, and her attorney should be able to explain the basics to her.

You should also consult with her attorney and find out if her driver's license is subject to an administrative suspension now that she has been charged, since usually that suspension begins at the time of an arrest.


Title: I received a speeding ticket last July which I plan to take to court. I was recently mailed case disclosure and a letter seeking an adjournment due to lack of a crown witness. My court date isn't until November... What does this mean?

Question: EDIT: I'm located in Nova Scotia, Canada.

Answer: It means they're rescheduling your court date due to a witness for the government not being available that day. This is most likely referring to the police officer who ticketed you. There should be a phone number on the letter you can call for additional information.


Title: Poorly filled out ticket, should I contest it?

Question:
I was pulled over this morning for slowly rolling through a stop-sign in stead of coming to a complete stop in a residential district, the surrounding area was clearly visible and no pedestrians were present.

After I reviewed the ticket later I noticed a number of things....

&#x200B;

1. Age isn't filled out (minor issue, DOB is present)
2. License plate is wrong and missing a digit, Sxxxxx v. 5xxx5xx
3. Speed listed as S (originally thought it was a 5, but the 15mph limit next to it looks like an actual 5 and not at all like a S, vehicle code also has a clear 5)
4. Model is wrong, XG3504 v. XG350 L
5. Color listed as silver but it's dark grey  (could be argued the're the same though in this situation, so it doesn't really matter)
6. The direction of travel is wrong, literally opposite of my direction of travel and said I turned left (I turned right); I have GPS history to show I was coming from the opposite direction.

Given the issues with the citation, would it be reasonable to contest it? Main argument would be points 2 & 6.

Answer: None of this will change the fact that you didn't stop at a stop sign.


Title: Housing Assistant stole bench press from my house and seems to think there is no issue. What can I do?

Question:
Hey guys, im not really sure what to do and would love to have my options explained to me, thanks. So this thursday 3rd of march, as I was throwing away the trash I noticed that my bench press along with weights and bar were missing from my basement. I asked my family if anyone had sold it but since it was mine, accordingly, no one in my family had given it to anyone. The next morning my mother called the housing authority (because we rent one half of a duplex, public housing) and told them that someone had stolen a bench/ press/ weights from our home. They told us to call the police and inform them. Not 5 minutes after she got off the phone with the housing authority, one of the men whom do occasional work on our house since we moved in in 2006 called us. Im not sure what his exact position would be called but he drives a town housing truck and fixes any small structural adjustments that need to be made in our home. So he calls and says that he has it and can give it back to us if we want it.
   Now to go back over a year, he once mentioned to me that he wanted to buy the bench/weights, I told him to let me make sure that all screws and what not were still there so i could then sell it to him in good shape. We tried to meet up a few times but our schedules were not compatible and we never made the exchange and it was never spoken about again. I have txts which show this conversation. Now over a year later he has taken the bench from my house, without telling anyone, and the day after he told us he took it, left a "maintenance" slip on our door that just reads "to say thankyou and apologize for the mix up" There was no mix up, this man took from our home without any prior arrangement (our 1 year prior ATTEMPT never went through). He took the bench within the last week, presumably wednesday or thursday.
   Now what can I do about this? Realistically I dont want this man ever in my house again, and I want the money which I paid for plus some sort of "you stole this out of my house fee." I dont want to make it a very difficult situation for him but he has done wrong and i believe he should be punished in more than monetary means. This has been bothering over the weekend and I need help coming to a solution. Thanks for any advice! (Norfolk County/MA)

edit: also please consider that this man has keys to my house as he is given by his employer and that makes me feel uncomfortable since he used that power to steal from us

Answer:
 >  I want the money which I paid for

What money are you talking about?

>   This has been bothering over the weekend and I need help coming to a solution.

You can file a police report. You can contact his employer.  You can write a truthful review of the situation through a popular review site.


Title: [FL] Was driving down road with workers repaving. Misunderstood directions and veered onto the web pavement. What should I expect?

Question: [deleted]

Answer: Y-you kept going?


Title: US Constitutional law question - why do you have to provide your name to a police officer when asked?

Question:
Hey everyone. Of all things, this was kicked off by a comment I saw on youtube stating that "you don't have to respond to a police officer in any way due to the 4th and 5th amendments, and that includes providing your name."

Always, I was told that if stopped by a police officer, you are expected to provide your name, and in some states, they can compel you to provide ID.

But the comment did make me think - which is correct? If you refuse to provide your name to an officer, is it considered reasonable suspicion for a Terry stop? No matter which one is right, what is the actual case law on this?
Topic:
Constitution

Answer:
 Depends on the state, but in general, if the officer has reasonable suspicion and has detained you, you may be required to identify. You can do this by stating name, address, and DOB generally. You do not need to show physical ID. States vary though. In Texas you're not required to identify until you're arrested.

Obviously none of this refers to when you're driving a car.


Title: This post is just for testing the new automod locking feature!

Question:
JUST FOR YOU!!!!
Topic:
Locked

Answer:
 Test

*edit*: Mods bypass the filter. I am now drunk with power.


Title: NYC mailbox in two Family home

Question: I live in a two family home and I share the mailbox with my landlord. I am now having some security concerns. Is there any law stating that the landlord have to provide tenant with their own personal mailbox?

Answer: There should be a mailbox for each physical address. If you and your LL have the same address, you have one mailbox.


Title: My friends parents may be going to jail

Question: My friend is 19 and her father and stepmother might be going to jail next week. As far as I know her only work experience is as a hostess at a chain restaurant for a few months. I suspect she never graduated high school because she's mentioned that she dropped out and her biological mother won't take her in because of this. Are there programs that may be able to assist her? We live in an expensive area and I doubt she would be able to support herself here. Of course I've offered her to stay with me but I still live with my parents and we don't really have room for another person to stay permanently. Is there anyone that could suggest something to look into I'm really worried about her and how it will affect her mental state. We are in NY.

Answer:
 Not to be rude, but she should find a roommate, find a job and work on getting her GED. Hopefully she if her parents have some savings to get her a start.

There aren't many (any?) free money government programs for able bodied adults with no dependents.


Title: How much do you think it would cost in Arkansas to hire a patent attorney to help me patent an invention about the size of a cooking pot?

Question:
I've looked through the Patent It Yourself book and I've resigned myself to getting an expert. I've heard patents can cost anywhere from 10,000 dollars to 30,000 dollars. What do you think? My invention is a tool so it doesn't have anything that complex about it. You'll have to forgive me if the answers to my questions seem obvious. I'm very new to all of this and thus extremely ignorant on all things patents.
Topic:
Intellectual Property

Answer:
 >My invention is a tool so it doesn't have anything that complex about it.

Patent attorney here. Just spent about a hundred hours drafting a patent application on something roughly as complex as a bow saw, and I'm not done yet.

Don't assume that mechanical tools are cheap or easy to patent.


Title: [FL] What age can I start Roth IRAs for my kids?

Question: Googling has produced wildly conflicting information on this.  What age can I start Roth IRAs and are there any special restrictions I should know about?  Yes, I know they will need some sort of income and that will be arranged.

Answer:
 There is no minimum age.

I will ask you about the income though. It must be earned income, income from a parent or through other investments do not count. If the child is not old enough to work, practically, they cannot open a Roth or traditional IRA.

Technically, you can pay them for chores, but the IRS will make you cry next year if you go that route. It isn't clear if this route is legal, but the IRS has made it clear that you must keep clear records and be prepared for an audit if you try it.


Title: Taking in my two 16 year old siblings

Question:
My aunt (who has custody of my siblings) called me in tears claiming that her dad is dying, and she wants him to live in her home. She doesn’t have room for him because of my two sisters. She adopted them a few years ago, and they are currently depending on her completely. She asked that I take them. Forever. I’m pretty generous with my time, and take them off her hands a lot, but I don’t know that I’m ready for it to be a full time thing.  Can I get help with finances if I do? I’m 22 and I live in a one bed apartment with my husband, and we’re just barely making ends meet. What can I do? How do I even approach this?
Topic:
CPS and Dependency Law

Answer:
 What happened to your parents?

Not asking to be mean, but to see if there are any sort of.benefits they may be entitled to, like social security survivors benefits or life insurance or something.

Did your aunt actually legally adopt them?
Answer #2: If you decide to do this, talk to her about support. Get everything in writing.  Be honest and tell her you cannot afford to do this.  Also, you need to talk to your landlord. You will probably have to move to a bigger place.  Answer #3: Your aunt can give you [temporary parental authority](https://oregonlawhelp.org/resource/temporary-power-of-attorney?ref=9djGk) via a power of attorney form. Financial arrangements would need to be negotiated with her.


Title: [New Jersey] Why did the cop read my friend's Miranda rights during a traffic stop?

Question: (for legal purposes, this wasn't me) So he changed lanes without using a blinker. He was high and had slightly red eyes and a small amount of vaporized marijuana in the cup holder inside of a herbal vaporizer, and presumably acted very nervous. The cop pulled him over and started asking questions, like where they were going, etc. He looked through my windows, asked if I had anything he should know about in the car, the guy pulled over said "I don't think so" Then, the cop read him his Miranda rights, before issuing him a 85$ ticket. Didn't tell him to get out of car or anything.

Answer:
 > (for legal purposes, this wasn't me)

This provides you ZERO legal protection.

You also switch between "he" and "I" in the story.

He likely did it out of an over abundance of caution- he likely was not legally required to do so.


Title: Need help as a student who had a child with his former teacher.

Question:
This is a throwaway for obvious reasons. My location is Mississippi. First let me give you the facts. I graduated high school in 2014. My junior and senior year of high school I had a teacher that I hit it off with. Throughout high school I was a very good student, had a 31 on my ACT, numerous scholarship offers, and 3 nominations from my congressmen for the United States Naval Academy. About Christmas time of my senior year, this 32 year old female teacher and I exchanged phone numbers and began texting occasionally. By two weeks before graduation, there were sexually explicit texts being sent. I visited her house at her request twice before graduation. I graduated on a Friday, and on saturday night as a 17 year old I was at her house, she provided me alcohol and we first had sex. We did this same thing a couple more times before I turned 18 in June. By this point I was so smitten by her that I had given up every scholarship and college opportunity I had.

We continued our relationship and she convinced me out of going to school and into the workforce as soon as possible, as well as convinced me to marry her and have a child as soon as possible. In July of 2015 we married. In September of 2016 after many months of trying, she became pregnant, and abruptly moved out without telling me where she was going. I held on for almost a year hoping that she would come back and that we could be a family.

The child was born in May. I was allowed to see her a couple of times until my then wife decided that I couldnt see her again until I agreed to her custody terms. I refused and consulted with a lawyer to figure out my options and within 2 weeks I was served at fault papers which falsely accused me of being an abusive alcoholic (I was under 21 the entire marriage, so any alcohol I had was provided by her) and she was suing for full custody as well as the meager possesions ive managed to put together since she left in October of last year.

after being served those papers is when it finally clicked for me that my family was right. She manipulated me into marrying her and having a child with her. She has even openly admitted to only marrying her first husband because she wanted a child.

At this point, I have a 3 month old daughter that I love dearly and she is keeping away from me, as well as my former teacher pursuing an at fault divorce for full custody. I think she is expecting me to just give in as I have over the past three years.

I want full custody of my child to at least be able to regulate her being around her insane and manipulative mother. I also am considering pressing seperate civil as well as legal charges against the mother for the manipulation and pain that has been a result of this, in order to get custody as well as secure the future of my daughter. My-ex wife has already ruined my life, I cant let this ruin my daughters as well.

My lawyer seems to think I could have a case against her, but he said he cant think of a cause of action for it. By some of the other things he said, it kinda seemed to me like this case might end up being more work than he bargained for. I dont know. Am I out of luck due to a dumb decision while I was in high school, or do I need to find another lawyer that could push ahead with my case, or at least suggest a cause of action for him?

I dont want to ever see my ex-wife again, but I also dont want her to do the same thing to anyone else, and most importantly, I want to be able to see my daughter and provide her a life away from the crazy that is her mother.

Any advice would be greatly appreciated. This has been a tough time and I dont know which way is up and which way is down.
Topic:
Criminal Law

Answer:
 If you are represented by counsel, we can't help you here. Answer #2: >I want full custody of my child to at least be able to regulate her being around her insane and manipulative mother.

Full custody usually doesn't happen unless the mother is an immediate danger to the safety and health of the child. Her being manipulative towards you probably doesn't fit that criteria.


Title: Advice on getting full custody of my kids, and my husband/their step dad adopting them

Question: [deleted]

Answer: As long as the ex is involved in the kids' life your current husband will not be able to adopt them without his consent.  You can speak to a local attorney to see if they think a judge will give you full custody.Answer #2: Almost all of this is moot and doesn't matter.  Kids get dirty, gets wonder around, kids do a ton of things they shouldn't do.  Sure, your ex didn't get them on health insurance but you have them majority of the time and for 3 years you didn't either.  This is all subjective and moot.  Unless your ex voluntarily gives up his parental rights, there is really nothing you can do.


Title: Hear me out, would it be legal to charge a by the minute fee for being unlawfully detained at a DUI checkpoint?

Question:
if you immediately stated that you charge said fee for your time? If they dont have probable cause or a reasonable suspicion it is a wrongful detainment. If you stated that you charge say 1000$ per minute of your time and that by detaining you without cause they are consenting to the fee and they continue to hold you could you bill them?

So 1. You are detained unlawfully at a DUI checkpoint, as you have been stopped without probable cause.
 2. You notify the officer that you charge a by minute fee of 1000$ for each minute of your time that is taken up, and that by continuing to detain you unlawfully is to consent to said fee.

Even if it's a stupid service of sitting in your car, you are still providing the service that is requested by the police. Since the detainment is unlawful and they refuse to let you leave, you are forced to provide the service of sitting there and can charge your own fee as long as the other party is notified.

Illinois

Answer:
 Your bill to the police won’t be paid. That’s silly.

If you feel like your 4th Amendment rights have been violated, complain to the elected officials that the police work for and file a lawsuit.

Also, you need to stop watching sovereign citizen YouTube videos. Those will get you into trouble.

r/amibeingdetained


Title: [Washington, DC] The Senate won't even hold a hearing on my Supreme Court nominee. Can I say "this appointment goes into effect in 60 days unless rejected by the Senate" and have their lack of a refusal count as consent under Article II, Section 2, Clause 2?

Question: Asking for a friend.

Answer:
 The short answer is "probably not". A good place to start would be [this 40 page review](http://www.law.harvard.edu/students/orgs/jlpp/Vol29_No1_White.pdf) of what the founders meant by "advice and consent". The real answer would come from the Supreme Court after a President tried it.
Answer #2: >Asking for a friend.

Thanks,
Obama.


Title: Possible gender discrimination against me in workplace may cost me a major promotion (IL)

Question:
[deleted]
Topic:
Employment Law

Answer:
 1. Nobody is going to read all of this. You need to get rid of your conjecture, speculation, and feelings and just stick with what you have observed. If you want someone to listen to all of it, you need to go to an actual attorney's office and hire him/her.

2. TL;DR for labor attorneys (OP correct me if I am wrong): OP is female, X (manager) and Y (co-worker) are male. X gives Y tasks to groom him for a position that Y and OP are competing for. OP feels and there may be evidence that X favors Y but there doesn't seem to be evidence that X is treating OP that way because of her gender. It seems to be more along the lines of X favors Y because they are friends. Is this gender discrimination? Answer #2: You illegally accessed someone else's email account. 100% that is against work policy and you could be fired for this... Just sayin...

Anyways all because you might not get your way doesn't mean you can scream out gender discrimination. You seem like you work hard but you also seem very entitled. Big life lesson that sometimes working hard isn't enough and you need to play "the game" in the corporate ladder.Answer #3: I don't see anything at all in your post that even remotely hints at gender discrimination. There may be more there that you didn't share, but from what you have written, I see nothing at all.


Title: Ex is withholding my passport (non-emergency)

Question:
I'm not trapped in a foreign country or anything, I just want my passport back.

We split in September after I moved across the country (from CA to AR) with him and put most of my belongings in a storage unit in his name.  When I left, it was after he turned abusive, and I didn't have time to, you know, hire a moving truck and load everything up. I just got in my car and left.  Now I am back in CA and so is he, but my passport (and other stuff) is in a storage unit in AR.

For a long time, I didn't want to contact him at all.  Then I asked for my passport back twice, and both times he used a family member's illness as a reason why he can't get it to me until next year.  I know that he has someone local in AR with a key to the unit, who could easily get it for me.

Now, I know I can report it stolen.  But I want it BACK.  It expires in March of next year so I've had it since 2007 and I used to work (and travel) abroad and it is so full of stamps and visas that I needed to have extra pages inserted twice... it looks awesome, and the memories make it priceless.

So, what I'd like is to have a lawyer write threatening letters until he gives it back.  Is that a) possible and b) potentially effective?

Thanks SO much in advance for any replies, I'm really lost here.

Answer: You can definitely apply for an injunction to get property like this back. Seeing a lawyer is a good first step if this is worth the trouble for you.


Title: [Wisconsin] If an officer pulls me over, at what point can he reasonably ask for a driver's license?

Question:
My brother does not have insurance on his car, so he's constantly concerned about driving it because driving without insurance is a ticketable offense in my state.

What I'm wondering is, if he get's pulled over, what exactly can the police officer say/state that will obligate him to show his ID/Registration?

I'll give 2 scenarios and hopefully convey a better picture of what situations I'm concerned about.

1) Officer pulls you over, does not expressly state a crime (i.e you were speeding/swerving, you have a tail light out, your plates are out of date), and simply says something like "where are you headed tonight, can I see your license and registration?" or something along those lines.

2) Officer pulls you over, says "You were going pretty fast there, can I see your license and registration?"

3) Officer pulls you over, claims that you are being detained upon asking "Am I free to leave?" but does not give you an express reason.

I'm pretty sure in number 2 you'd have to hand over identification, for the simple fact that they are about to give you a ticket, or are preparing to give you a ticket, and need to know your identity. This is briefly covered in *Wisconsin Legislature 968.24*

**My main concern lies with scenarios 1 and 3.** If his statements indicate idol curiosity and not criminal intent, or if he claims he's suspecting you of a crime but refuses to explicitly state what that crime is, where do you stand as far as having to identify yourself?

Answer:
 Your brother needs to get his shit together so you're not here in a few weeks posting "My uninsured brother was in an accident and now we're being sued. Help!"Answer #2: Nobody needs to read more than the title. The rest is predictable bullshit.

> If an officer pulls me over, at what point can he reasonably ask for a driver's license?

Answer: As soon as he is within hailing distance.Answer #3: If you're operating a vehicle, you are required to produce your license upon request.

[Wisconsin statute 343.18](http://docs.legis.wisconsin.gov/statutes/statutes/343/II/18) makes this clear:

>Every licensee shall have his or her license document ... in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand from any judge, justice or traffic officer.


Title: Wife has unreported income and I want a divorce

Question:
My wife has been selling makeup overseas without reporting income for a couple years now shipping it over. Ive told her many times she cant do that and she needs to stop or the irs will be a problem and she refuses. She is here on a greencard. She has made probably 20-30k from selling. I really dont know as she never really tells me any details about her business but i know she has paid for stuff totalling more than 10k.

I want a divorce and my grandfather has a friend who is a divorce lawyer/judge. He mentioned the unreported income and was told that he would need to report it as he does not want to be disbarred. He said i would have to deal with the irs as i would be considered an accomplice. I have never spoken myself to this lawyer and never admitted anything to him. Can i get away with saying i dont know what hes talking about and saying he has proof of nothing? I really dont want to be punished for something my wife did with disregard to anything I've told her. Especially since ive provided everything for her and shes spending the money on plastic surgery for removing wrinkles that i dont want her to do (shes in her mid 20s and i couldnt even see the so called wrinkles) What kind of penalties could i be facing if I do confess to the lawyer. Will it help me at all in my divorce case telling about her business?

Btw we have a 4 year old son.
Edit:location Michigan

Answer: You need to consult with a divorce attorney and run this by him or her.


Title: Thought I quit my job two months ago, apparently they didn't realize

Question:
This has been a bad year for me.  My dad died of brain cancer in January and since then I've lost two jobs because of severe panic attacks that neither medication nor therapy have helped.  I just wanted to throw this out initially to show that I am in a crisis situation for a while and have not been making the best judgements this year.

&#x200B;

I quit my second job about two months ago, after panic attacks caused me to have a spate of absences. I was in tatters, so the best I could do was email back to the HR rep that was reaching out to me in concern, to inform her that I had to formally resign from my position due to extreme mental illness. I felt like utter shit, and slept for 40 hours straight after sending the email. I thought that was the end of things.

&#x200B;

I finally felt like things were turning around for me recently, when a dream job opportunity seemed to be working out for me last week.  It hit one unnerving snag that is holding things up (the project might be undergoing some changes that might modify whether I am necessary or not), but I still tried to be optimistic going into the weekend while I waited. But then I checked my finances for the first time in ages (since I had been too terrified to keep an eye on things while I had no obvious employment opportunities.

&#x200B;

And I find out...

1. I was unable to pay about $10,000 worth of mortgage payments this year, and my house is going into foreclosure. Leaving this house isn't an option.

2. My old company has been continuing to deposit paychecks into my account. Even though I never heard from them again, nobody ever contacted me, I never logged any hours into any timekeeping system... they've been depositing money into my account. They are going to find out, and they are going to sue me, and I will not be able to pay them back. Or else I am going to jail. I just do not even know.

&#x200B;

So that's why I'm at a low point right now. I'm willing to work with professional therapists to keep fruitlessly trying to address my anxiety, and I could probably work with my mother to find some source of emergency money to pay people back, if she knew just how critical my situation was... but I don't know a single thing of how to prevent a foreclosure, or what to do when a company has spent two months thinking I was an employee while I've spent two months thinking I was not. Any advice on those two issues would be appreciated so badly.

Answer:
 So first you don't go to jail because of debt in Florida.

If you receive any more moeny from them do not spend it. You know that they will figure this out so focus on getting a job and then start saving up the money you owe them back. If you get it all saved contact them and ay it back, and hopefully that will happen before they sue you.


Title: My wife is refusing to let me see my son

Question: Long story short, a day or two ago we got into an argument and tonight I came home from work and she was gone. My son is 10 months old and he was also gone with her. I  think this completely irrational but many things like this have been going on recently.  We are heading for divorce fast, but how can I protect myself in this situation? She refuses to let me see him but he's my son and we are still married. Is this legal? Should I file a police report?

Answer:
 And it's been less than a day?

Yes, its legal; and no, you shouldn't file a police report. She's his mom and in the absence of a court order she can travel within the country wherever she wants with him without clearing it with you, even of it means you can't see him immediately upon request. You could do the same thing.

If you dont like that she's withholding him, and want stability in your custody schedule, you file in court for a custody agreement which you can legally enforce. Until then, shes being petty, and it won't reflect well on her during court,  but not doing anything illegal. Answer #2: As someone who has been in this exact situation, let me tell you she can do whatever she wants. Police, DHS, daycare will all see you as the bad guy.

Pony up for a lawyer, get a court order, and make sure to do your part. Document everything and keep the original and certified order safe and close by.

My X called the cops on me once for not returning a text on my weekend with my sons. I opened the door, stepped outside, closed the door. Listened to the officer, as my X stood behind him. He was ready to force my hand. After he finished I furnished the divorce decree. He became visibly angry, looked at my X and basically said WTF and left.

Good luck OP.


Title: Can my apartments charge me for this? It's not in the lease agreement!

Question:
I live in an apartment that was recently purchased by a large property company. This will be my fourth year at the location; the entire time in great standing.
The apartment sent an email, with several grammatical errors, two months ago stating any trash seen outside on non-trash days will be fined $25/bag. Please keep in mind this is not a traditional apartment but, rather, a townhome with a yard.
I am currently preparing to move to a new, larger location and last Saturday placed five trash bags outside, tucked away as to not be very visible while I continued.
Today the property charged me $125 for having five bags outside while I cleaned. The bags weren't in the yard and were tucked to the side of my garage.
This was not in the lease agreement and I have had perfect standing with them over the years. When speaking to the front desk the young girl was rude staying, "Well you just have to pay us".
Are they able to create these rules and make you pay? I'm willing to pay if there is no way around it but wanted to first make sure I'm not being screwed as I read the lease and it, in no way, states you can be fined $25/bag (ridiculous).

Answer: No, they can't unilaterally create a new fee/fine and expect you to pay it given that it's not in your lease. I think you need to contact the front desk worker's supervisor (likely the property manager) and explain the situation to them.


Title: Boss says my co workers and I won't be payed our second summer

Question:
[deleted]
Topic:
Employment Law

Answer: Don't work there.  Find a job that pays you money.  Don't expect it will involve sailing as much as asking if they want fries with that.


Title: If you drop off your dog/cat at a groomer, and said pet scratches an employee during the course of the cleaning, is the owner liable for damages?

Question: Let's assume Texas.

Answer:
 Depends on the circumstances. Generally, the owner must have exhibited some sort of negligence in controlling the animal to prevent the bite. That certainly doesn't apply when turning it over to train grooming professionals.

However, if the animal has bitten someone in the past, or is known to be aggressive, and the pet owner failed to warn the groomers, then some element of strict liability might apply.

It also depends on whether the groomers did something to aggravate the pet and provoke the bite in which case they may share some of the liability.


Title: Going to court for an event that happened four years ago. Trial is finally happening

Question:
First time in a court room. I am being sued for backing in to someone in a parking lot.
The event way four years ago, are they going to drug test me?

Answer:
 No one can drug test you now as part of a trial to prove what happened in an event four years ago.

I suppose it’s barely possible that you could show up to trial so visibly intoxicated that the judge would find you in contempt and that might lead to a drug test now, but it would be related to the current contempt citation, not the events of years past.


Title: [CA, USA] Unpaid training 3 consecutive 6 hour days.

Question: Gotten a lot of negative feedback from former employees of Vector Marketing and I'm supposed to begin training tomorrow at 3PM. What I would like to know is: Is it legal for training to go unpaid in the state of CA?

Answer:
 Vector marketing. There is one important thing to understand about it. You are their target consumers. They want you to expend every single connection in your life to "Become of the salesman/woman of your dreams." And "If you do it correctly, you can't lose!". In fact, after you go through your friends/coworkers etc you may actually lose money. Also, make sure to bill yourself at an hourly rate because every hour you work to try to sell their shite is an hour you could be at least making minimum wage.

I know how hard it is to not have work but this company and others like it basically prey on the desperate. There are NO success stories other than the people who conned you into it in the first place. They laugh all the way to the bank.Answer #2: yes, it is legal, because you are not an employee of Vector. you're an independent contractor.


Title: Is it illegal for someone to spread a lie that you’re a rapist?

Question:
As far as I’m aware she, let’s call her A, hasn’t gone to police about it. Supposedly A is just telling people that I not only raped her but two other girls.
I have only heard about this through what I can only assume is one of her friends(B). B has sent a few messages, all about how A is saying I raped her and two others. One of which I don’t even know. Other than that I have the name of B.

I’m worried about people around town believing I’m a rapist or even worse her going to the police with false allegations.

A is a ex friend of mine, we never even had sex. There was a kiss because A wanted to have sex but I didn’t want to. This ended up ruining our friendship because it was too awkward. Now over a year later A is telling people I raped her supposedly.

I’m trying to find out if I can get ahead of this and go to the police with texts I have. But I have no idea if it’s illegal to spread that kind of lie to other people. Again, as far as I know A has not made any kind of police report.

Anyone have some advice here?

Answer:
 It’s generally not a crime, unless she also filed a false police report. It’s a form of defamation, which is a civil tort that you can sue to recover money damages for. And untrue allegations of criminal activity are generally considered defamation *per se*, so you don’t have to prove monetary harm to have a successful suit.

However, you would have the burden of proving that the allegation is false and she knew it to be false; which can be difficult to establish with available evidence. You don’t have to prove it beyond a reasonable doubt; but it’s still not an easy case.


Title: (CA) Friend involved in a car accident, police report states friend not at fault, friends insurance drops them. Insurance of at fault driver won't pay out.

Question: My friend was involved in a car accident where they were cut off and had the person who cut them off slam on their breaks. The police report states the person who cut my friend off is responsible. After my friend filed with their insurance, the insurance company drops my friend and refuses to pay/help/whatever. Insurance of at fault driver refuses to pay as well. What sort of recourse is available to my friend now?

Answer:
 There is information missing here the insurance company would not just cancel your friend. There has to be some reason some new information they received or something else that would cause him to be dropped.

As for the details of the accident it sounds like your friend is being held at fault by the other insurance company so their driver was rear ended. The details of the accident are very hard to prove unless there is video or a third party witness to back this up.


Title: My friend got fired for drinking with his boss, is that legal?

Question: He went out on St Patrick's day and his boss was buying everyone shots and they got drunk. The next day he and a couple other people who were drinking with him got fired, is that legal?

Answer:
 > is that legal?

Yes.


Title: [North Jersey] caught with 10 percocet and 1/2 ounce of marijuana.

Question:
I was pulled over two days ago, I gave consent to search my vehicle, as they had been monitoring the house where I purchased the drugs and pretty much had me pinned.

I had 10 percocet and about a half ounce of marijuana.  I'm 32, I've never been arrested before, never in trouble with the law.  Overall a pretty solid citizen, pay taxes, clean driving record yada yada.

I've been charged with:

Possession of Marijuana (under 50G).  2C:35-10A(4)
Possession of other sched 1,2,3,4:  2C:35-10A(1)

I've been given the option of cooperating with a detective (effectively giving information, etc) which would possibly dismiss my charges.  I'm not too keen on this idea, but would like if possible to keep my record clean.

What's the likely hood I would be able to fight the charges without it impacting my record?

Answer:
 > I've been given the option of cooperating with a detective (effectively giving information, etc) which would possibly dismiss my charges. I'm not too keen on this idea, but would like if possible to keep my record clean.

> What's the likely hood I would be able to fight the charges without it impacting my record?

You need to hire a criminal defense attorney immediately. **DO NOT** attempt to make any deals without the help of an attorney. The chances of you striking any beneficial deal on your own is slim to none.


Title: [CA] Got a ticket, officer kindly modified the terms of the ticket to reduce the penalty, but in doing so made my actions legal. Should I fight it to get it thrown out?

Question:
Back in September I received a ticket for entering a restricted area on my motorcycle. There was a single sign posted that said "authorized vehicles only". I entered the area anyway and explored a bit, but a ranger caught me and wrote me a ticket.

I cooperated and he wrote the ticket without the motorcycle information "because if I included the motorcycle it would be a misdemeanor instead of an infraction". So he simply said I entered a closed area.

Upon visiting the site again to take a photo of the signs I noticed they do allow hiking and mountain biking in that area.

Seeing as how the ticket is a pedestrian ticket, and my location is clearly stated on the ticket as an area that allows hiking, should I fight it to get it thrown out?

Can the ranger in court say I was on a motorcycle and change the terms of the ticket and the fine?

Answer: Why would you go to court and lie? That's a bad idea.


Title: [Houston, Texas] I Think My Friend was Raped for Weed

Question:
For some context, I am 17m, and my friend is 13f (I don't think it will be relevant, but it might help). I haven't known her very long, but she doesn't seem to know very many people and has become very attached to me. She went to one of the more shady middle schools , and seems to have been mixed up in the wrong crowd.

Sorry in advance if I overshare, or say things that aren't necessary or helpful, but I am a bit shaken up, and would rather overshare than under-share.

My friends parents are divorced, and she was going to her fathers house sometime in the afternoon, so she wanted to hang out in the morning. She told me that she had to pick something up that her friend had left at the local mall. While there she told me she had to meet a kid from her middle school because she owed him money, with a little prodding I learned it was from weed. She then proceeded to buy Ice cream, spending the majority of her money, and freaking out when realizing she likely didn't have enough to pay back the kid she was meeting. Eventually we saw the kid, they talked for a bit, then she said she was going to his house and would be back in about 10 mins. I asked if she was going to suck his dick (that was an inside joke, but it ended up being relevant, and also a direct quote), she said no, I asked if she was going to smoke weed, and she said no. After awhile through texts I learned she was going with the kid to smoke weed. After a while of not responding, she messaged me saying she sucked his dick, and through other details she shared, it was clearly non consensual. At that point I found out where she was (thanks to SnapMap) and picked her up, and we went about our day, she didn't seem shaken up, but she was also a little high. Afterward I learned that she stayed after she blew him, and hit a blunt, and that he literally told her suck my dick, and she was to scared not to.

The kid she met was likely younger than me, likely 15-16.

I would like to know if legal action could be taken against the kid she met, with out getting her in any legal trouble.
Topic:
Drug Possession

Answer:
 >my friend is 13f (I don't think it will be relevant

It's very relevant. Legal action can be taken against the kid, but she will have to have her parents take her to file a police report.


Title: I live in the Northern Mariana Islands (a US territory near Guam). My landlord made my life hell for three months. He has a reason to withhold some portion of my security deposit; maybe even all of it. The lease, however, says he has to notify us of charges within 7 days of our move-out date.

Question:
Location: Saipan, MP

Our landlord told us he had to move to the mainland for the rest of his life because of an advanced degenerative illness.  He and his wife had eight dogs and they chartered a flight from Saipan to Guam for them.  He literally dug up the remains of his bird that had been dead for a decade and brought them with him to the mainland. He swore he was moving for good.

We moved into his place and the smell was awful. We have a dog, but the years worth of accumulated smell-of-eight-dogs was overwhelming. He promised us he'd have the place professionally cleaned before we moved in, but this obviously didn't happen at all. He'd left food in the garbage; dust and dander everywhere, and we found it genuinely difficult to breath at times in the thick musk.

When we emailed him about the smell he accused us of being ungrateful because he'd made our rent so low. He also told us that, although it had only been two-weeks since he'd arrived on the mainland, he needed to move back to Saipan and was unable to accept his new life as the US "wasn't the country he had left 30 years ago."

Our relationship was pretty strained and there were a number of unpleasant flair-ups during which he attempted to evict us, without grounds.  Now the lease is up, and we coordinated a move-out date via email, leaving his keys on the counter in accordance with his instructions.

The move out date was 10 days ago, but the lease states:

3.
SECURITY DEPOSITS:
The total of the above deposits shall secure compliance with the terms and conditions of this agreement and shall be refunded
to RESIDENT
within 14 days after the premises have been completely vacated less any amount necessary to pay OWNER; a) any unpaid rent, b) cleaning costs, c) key replacement costs, d) cost for repair of damages to premises and/or common areas above ordinary wear and tear, and e) any other amount legally allowable under the terms of this agreement. A written accounting of said
charges shall be presented to RESIDENT within 7 days of move-out. If deposits do not cover such costs and damages, the  RESIDENT shall immediately pay said additional costs for damages to OWNER.

The thing is, we briefly fostered a dog, and she tore into a couple of the walls. We let him know about this issue when we moved out, and told him to deduct the cost of repairs from our $400 deposit.  However, it's been more than 10 days and we haven't received any response.  Can we insist on getting all of our deposit back now since he hasn't given us a "written accounting" of the charges within 7 days?

Answer:
 I have nothing to offer, after the amount of time I've spent lurking here I just wanted to share my amazement that "mylandlordsadick" wasn't already taken as a username. Answer #2: I'm a bot, *bleep*, *bloop*. Someone has linked to this thread from another place on reddit:

- [/r/locationbot] [Does not recognize Northern Mariana Islands and\/or Guam](https://np.reddit.com/r/LocationBot/comments/4bccw6/does_not_recognize_northern_mariana_islands_andor/)

[](#footer)*^(If you follow any of the above links, please respect the rules of reddit and don't vote in the other threads.) ^\([Info](/r/TotesMessenger) ^/ ^[Contact](/message/compose?to=/r/TotesMessenger))*

[](#bot)


Title: Costco called about a missing laptop

Question: [deleted]

Answer:
 >He is going to call Costco back but worry about Costco think he stole it.

You don't say. *I* think he stole the laptop, and all I have is your post!Answer #2: Your "friend" is a profoundly stupid person. Why would you think it is ok to carry a lap top around the store? How could you be so fucking unaware as to leave it somewhere and not remember where? You[r "friend"] should expect to be banned from Costco. I'd suggest doing some preliminary research into local criminal defense attorneys so you have one ready to call if/when the police contact you. Don't answer any questions if the police contact you. Just tell them you won't answer questions without your lawyer present. Answer #3: > Will he still get in trouble?

Yes.  Especially if they have footage of you leaving the store with it. Answer #4: >Will he still get in trouble?

We're not psychics.Answer #5: Well, he's got a hard battle if all they have is camera footage of the laptop in his hands and no one is able to tell Costco where the laptop is now. They might come after him.


Title: [SEATTLE, WASHINGTON] Dentist performed a procedure different than the one they got consent for.

Question:
Basically, I went in with the intention of getting antibiotics to calm the infection down before doing any surgery. Dentist said "let's pull the fibers that are infected, and I might give you antibiotics if it's still infected." I am scared at this point - I need them - so I consent. Dental assistant says ''it's not very traumatic - very fast. If we were taking a tooth, it would be traumatic but it should be fine since it's just the fibers." I signed consent form for what I understood to be happening (fibers). After injections, she does something that makes me scream. She condescendingly says "don't scream", and "I think you're mistaking pressure for pain." She keeps going,and when she's done she says "there it's done! the tooth is out. You were feeling pain because of the tooth. Oh wow, it was alive. Maybe you really were feeling pain." She then goes on to take out the fibers after telling me to stop crying.

Question is: can dentists do procedures they didn't get consent for? Nothing about pulling the tooth was mentioned pre-op and in fact the assistant indicated the tooth was not to be pulled. I spent most of the day yesterday crying, so I couldn't think clearly. No pain control was provided and the infection got worse (12/10) in line for the pharmacy for the antibiotics. I'm guessing it's ok to operate without post op pain control? It was pretty bad. I'm going to go in and ask to speak to a supervisor on Saturday because I want to make sense of it. I just need to know whether a dentist can do a procedure without getting consent. Is consent for treatment 'consent for whatever I choose to do, whether you like it or not?' If she'd asked, I would've said no. I was only on board for the fibers.

Answer: I am not a lawyer, but if it were I would check the documents I signed and if everything is in check with what I signed that doesn't cover such approval I would definitely  remain adamant that yes, no approval was given and I was alarmed to the situation taking place by first the unreasonable amount of pain and then being informed by the nurse that in fact the tooth WAS pulled without notification or consent. I do not know how they will proceed beyond that or what legal action you would take but if the documentation aligns with your intended treatment vs. what you received I would absolutely move forward with that in whatever way you can legally once it is confirmed.


Title: (boston, ma) Do my child support payments change if a have a second child?

Question: Would my original child support payments to my ex change if I choose to have another child with my current GF? Thanks for your time.

Answer:
 Maybe you should stop having babies with women you don't even feel confident enough to marry, before you get stuck with more baby mamas and even more child support payments. This is literally how you ended up here...

The answer to your question is yes, it will probably change if you go to court. It might not necessarily go down though if you're making more money than you used to and your current gf makes any money.Answer #2: If you're asking about child support payments to your ex, you *really* shouldn't have another child. You're not doing it for the right reasons.Answer #3: Are you trying to lower your support payments?
Have you already had the child?

If you do have another child your support payments COULD be reduced. But not automatically. The courts taken in family size etc when they make the determination. You may also need to go back to court to get it lowered.


Title: Girlfriend doesn’t want to live with her grandfather (legal guardian).

Question:
She’s 17. How do we go about this? He wants to take her away from me so he’s trying to put her in a new school.

He took her phone so she can’t contact me. He claims I’ll never see her again because he thinks we’re sleeping together (we are he just doesn’t know for sure, but he thinks he does.)

 He’s in his 60s, has many health problems including diabetes, back problems (so he takes morphine every 3 weeks), takes a shit ton of meds, and has a pretty crazy side.

She claims he almost punched her for skipping class. Once he called her a stupid bitch because she wouldn’t take out the trash. He sings to himself and claims that he thinks he’s singing in his head.

He claims that he saw his ex girlfriend turn into the devil. He gets joy out of having control over her and she’s honestly just waiting for him to pass.

His ex girlfriend has no custody over her but she has raised her with him for 12 years. Could she live with her if she got taken away from him?

I don’t want her going to social services. Please help us. How the hell can we get her away from him?

Answer:
 You cannot take your 17 year old girlfriend away from her guardian.

If she is being abused, she can contact CPS.


Title: Ex-girlfriend's email account hacked. Hacker sent her future coworkers/managers inappropriate emails, causing her to lose her job offer. She blames me for the incident. Can she sue me? [IL]

Question:
I am worried because:
- We had a bad breakup and that could constitute motive.
- I am good with computers so that can constitute means.
- I knew her password which can constitute opportunity.

On a side note, I have logged into her email account several days before the incident occurred but it was accidental (autocomplete) and I haven't done anything while I was logged in. I had nothing to do with the actual incident itself, nor did I log into her account during or after the incident. Not sure if she knows that but I figured I would mention it. Do you think this makes a difference? Would they investigate logins that occurred before the incident?

Is it safe to assume that I am not at risk of getting sued or getting falsely convicted for this crime that I haven't committed? With the evidence she claims to have (maybe logs from the email service provider, with an IP address that is definitely not mine because I haven't done anything), can she sue me or ask me to be brought to the court?

Answer:
 >Is it safe to assume that I am not at risk of getting sued?

It is not safe to assume that.  She can sue you.  Anyone can sue for anything.  Winning is a different matter.

I read the title and thought it was humorous.  Figured there would be no way she could pin it on you.  But the details are sketchy.  The facts you say certainly sound suspicious.

She will be required to prove it, however.  That would be difficult.


Title: (California.) I received a letter stating I need to pay back the SNAP/Food stamps benefits I received for six months. I have less than a month to pay back $1200.

Question:
Hello, r/legaladvice. I've never posted here before, but I thought you could help me.

I received snap benefits last year, due to homelessness and lack of employment.   I had the case closed in January 2018, as I no longer needed the assistance. I  received a letter today, claiming that I owed money from August to January, because I was "overpaid."

I began working in May.  I had been receiving food stamps in LA county, and had to reapply because I moved. I claimed employment when I reapplied, and they issued me SNAP benefits. $197 a month.  Now they are claiming that I made too much money, and I owe them $1200 for August-January.

My question is this, What can I do? I rounded up all my pay-stubs for the months I am being charged for. They estimated that my monthly income is $1500, and that I only have $150 in expense per month. These were both incorrect, and I have the ability to show that they were incorrect. I average $1100 a month, and 600$ in expenses. Expenses are rent, phone bill, utility bills, gas and insurance for my car, and medication costs.  (Because I'm a part time employee and college student.)   My expenses were higher during the months they are referring to, because I was in the process of buying my car.

I have til 8/13 to pay $1200. The letter says I can appeal but if they deny it, I can/will be fined an additional cost. I plan to appeal anyway, as I can't afford that kind of money in such a short period of time. (And I think what they're saying is unjust, and their info is incorrect.)  I can bring my rental agreement. I mapped out my income per month, and how much I take home per week before and after expenses.

Is there anything else I should bring, do, know, etc?  I would rather not pay it at all, but I could handle it being reduced.

Answer:
 The good news is that you're in California. There are many legal aid societies in California who MAY be willing to help you file your appeal. You want to google "legal aid + your town" and/or call up the local law schools for referrals to their legal aid clinic.Answer #2: On the notice, you should be able to file a fair hearing. It should also have information about legal aid in your area.

This should trigger a more thorough review of your case. You can also speak to someone to break down the budget so you can understand.

You do not need to pay back $1200 by 8/13. They want you to come agree to a payment plan by then.

CalFresh looks at gross income, and only some expenses. It counts rent/utilities, but not car isnurance/payments, medications (in most cases) and other expenses.

It's a fairly complicated formula that's used to calculate your net income vs expenses, and it's not something that can be explained over Reddit.

I'm also a bit confused about your timeline. When did you receive CalFresh, and what was your gross income during those months?

Source: I give people food stamps in California.


Title: Bomb threat at my job

Question: For the past week we got 3 bomb threats at big Lots DC total. the first time it happend they did a whole check of the warehouse which lasted all of our shift, the next 2 times a hour after we evacuated they just checked our pockets and we went in right back to work because they don't want to miss the quota needed per week they didn't check for bombs or anything. Is there anything I can do if I feel unsafe ?

Answer: Your options are to keep working there or to quit. Your business cannot control outside criminal behavior. Answer #2: Look for a new job where they value employee safety over profits.


Title: Is it illegal to call people and ask them what they're wearing?

Question:
Hello, this will seem like a strange post but i'm being serious, in probably the middle of December I called a random person (found their number online somewhere) and joked around on the phone asking them what they were wearing, what they were doing and so on, they bared with me and played along and it was a lot of fun, and now for the past 3 weeks i've been calling up to 30 random numbers every day and trying to get them to tell me what they're wearing and what they're doing and it's become a bit of a compulsion and something I *need* to do. I was wondering if this was illegal as i'm not sure all of the people i've called (over 500) were adults and don't want to get arrested for something silly like this.

location is Ohio but the numbers have been from different area codes if it's relevant.

Answer: Depends.  What are you wearing right now?


Title: Drunk Driver Hit A Parked Car Behind Mine And Pushed My Parked Car Into Another Parked Car - [KY]

Question:
On Saturday night a drunk driver came down the street I live on and hit a total of 6 parked cars, including mine. He ended his adventure by slamming into a parked Nissan behind mine and pushed the Nissan's hood under my car (Honda) and subsequently pushed my car into another car (Dodge). The drunk driver left his truck there and walked away from the accident. His phone number was on a for sale sign on the truck and his information was inside the truck.

The Nissan was total and it also scrapped up my bumper pretty bad. My car did not do any visible damage to the car in front of mine.

Kentucky is a no-fault state, so the cops didn't assign blame to anyone. They told us to turn all of our information into our individual insurance companies.

Who is at fault for my car? Is the drunk driver at fault for everything since all cars were parked and he caused everything? Am I at fault for any possible damage caused to the Charger? Any advice on how to proceed or how to handle this situation?

Answer:
 Kentucky is no-fault state.  You call your insurance company and they will cover your damages.

The owner of the Dodge has to call his insurance company and they will cover his damages.

The owner of the Nissan has to call her insurance company and they will cover her damages.Answer #2: >Any advice on how to proceed or how to handle this situation?

Just what the police told you.  Contact your insurance company.  Assuming you were parked in a legal space I would seriously doubt any liability would be assigned to you.


Title: Scammed via wire transfer.

Question:
I attempted to purchase a set of rare wheels from across the U.S. through classifieds on a reputable forum site. I asked for some time stamps and pictures for proof of his ownership of the wheels. Thinking all was clear, he asked for a direct bank transfer. I was very uncomfortable, but man I wanted those wheels, so I went through with it.

After I transferred him nearly $2000 of my hard earned money, I reverse image searched his time stamp pictures only to find out that they were photoshopped. How could I be so stupid?

I opened a fraud case with my bank but I'm out of luck because I authorized the transfer, regardless of the receiver's intent. That's fine, bank transfers aren't designed for paying for goods.

I have the scammer's bank account info and location. I'm at a loss of what to do next. I know it was a stupid decision. I never thought in a million years this would happen to me. It has taught me to trust people less, that's for sure.

Any help is greatly appreciated.

Cheers,

Blue

Answer: You got screwed


Title: My son's father wants to give up his paternal rights. How do I handle this legally?

Question:
Atlanta, GA

My son is 8 years old and he hasn't seen his father since he was one. Over the course of the years, I have not had any contact with his father and his father has not made the attempt to contact me.

I made the decision to finish my graduate degree in England but I had trouble getting a passport for my son due to not having his father's consent. In January 2016, I found his father on social media and sent him a message. Initially, he agreed to sign the passport document and for a few months, we talked on the phone regularly. However, in May 2016, he stopped answering my calls or responding to my text. I never got my son's passport and I put my plans to leave the country on the back burner.

His father and I had no contact between May 2016 and January 2017. This month, the passport issue came up again when my family made the decision to go to Jamaica for vacation. I sent his father several text messages and emails, and call him several times in order to get his mailing address to send him the passport consent forms. He rejected my phone calls and ignored my emails. I sent him a final email on Feb. 25th and told him that if he did not respond to my messaging, I would petition the court to address this issue.

Today, he sent me a text message that stated that he wanted to give up his paternal rights since he has no relationship with my son. What steps do I need to take legally since he wants nothing to do with my child? His name is on my son's birth certificate and I still need his permission to get a passport. Since he's not contesting, is there a simple (and not costly) way for me to be grant sole legal custody?

Any advice would be helpful. Also, if you know a good family law lawyer in the metro Atlanta area, please DM me their info. I would like to start this process as soon as possible 

Answer: He can't just give up rights, unless there is someone to step in and adopt him.  He doesn't have to have anything to do with the kid.  He is also responsible for child support, and he can't get out of that obligation either.


Title: Can "swatting" refer to calling police for a false breach on a restraining order? [Los Angeles, CA]

Question:
I wouldn't know exactly where to ask this question, but since I have a family member who is going to court over this, I thought this would be a good place to start.

For the past five months my cousin has been having trouble with an ex of his that had successfully put a restraining order on him in July. The issue is that she is friends with a neighbor of his (two houses down from the corner of him) and, wouldn't you know, she's decided to become the neighbor's roommate. So for the past two months she has continuously called the police on him for breaching the restraining oder and verbally abusing her, simply by him walking out on his lawn while she herself has been outside as well. Nothing ever really happens, and the police have told him that it's not against the law to call the cops whenever someone feels "threatened," so my cousin's been forced to carry a bodycam whenever he walks outside to show he hasn't done anything wrong.

Cut to a couple of days ago when in L.A. a man was shot and killed due to a prank known as "Swatting." My cousin is CONVINCED that he can use this in a court case that's coming up with his ex, already calling himself a victim of it because on one of the days she had called the police on him, he was hanging out with friends and had his gun with him (He has a CCW Permit). She claimed verbal harassment again and mentioned nothing of a weapon, but he was freaked out when it happened because he didn't want the cops to see it and think he was a threat. Now he thinks he can say he was a "victim of Swatting" in an official letter to the court, though I'm not entirely sure that's accurate.

I believe that, even if the cops had judged poorly and had shot my cousin under the assumption that he was dangerous and was going to use the gun on them or his ex, that would be on them, not his ex. Then again, I'm not 100% sure myself, and if this is something that can help him pin something on her to stop her own harassment (ironic that she has a harassment restraining order on him), then I'm not sure whether to discourage him or support him.

Again, I'm not sure where to ask this. I know I'm not going to get any real legal advice. If anything, I'd just like to know how we could better word it if this doesn't count as "swatting."

Answer:
 **I am not a lawyer; I am just a moron with a search engine. Your cousin will want to discuss this with a lawyer before taking any actions, described below or otherwise.**

Your cousin may be violating the order just by living where he is living, but is also violating California Family Code chapter 3, section [6389](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6389) simply by possessing the firearm. This violation can be charged as a felony (CA Penal Code 273.6); I suspect that felony charge may actually be her endgame plan for this whole mockery of family law.

Your cousin needs three things, preferably yesterday:
* a lawyer (he can contact the CA state bar's referral service for this; he'll probably need a family law specialist and may also need a criminal defense attorney given how far you say this has progressed already)
* that lawyer's assistance in surrendering all of his firearms to the police for safe-keeping
* a plan for quickly relocating to a location that's both unknown to the ex and outside the order's distance requirement, should his lawyer determine he needs to do this to be compliant with the order.