Title: A question for the Canadian legal minds.

Question:
Are searches of yourself and bags legal when entering a venue at a municipal park? In this case it is a ball tournament, which has beer gardens. Therefore the local Kinsman want to make sure you're not bringing in your own liquor and buying theirs. Fair enough, but the extensive slow search of everyone's ball bags and back packs seems like it contradicts the Canadian Charter. Am I way off or AmIFreeToGo?

This taking place in Small Town British Columbia.

Answer:
 The [special event permit](https://specialevents.bcldb.com/) allowing them to provide alcohol in a public park likely _requires_ that they secure the location to reasonably prevent unlawful public consumption, which would include bringing in other booze. They likely also have the legal capacity to remove you, and to call the police in if you won't leave, as long as they have exclusive control of that part of the park.

This isn't a Charter issue, for a few reasons. The search is not unreasonable, nor mandantory. Your primary recourse, if you dislike the bag searches, is to stay out of the area covered by the event permit and under control of the hosts while the event is ongoing. That may mean you have to choose not to attend at all, or to leave your bags at home.


Title: Do I have anything to worry about by tutoring a judge's daughter?

Question:
Ok this is going to be an unusual case. I might just be feeling paranoid, but I just wanted to run it by some folks.

Ok, well among other things, I work as a tutor. Sometimes I go to people's homes, sometimes they come to me. I find students through a tutoring website. I tutor middle school through college students.

One complication to this is that I'm transgender. People really can't tell I'm trans just by seeing me, and I generally don't discuss my past or personal life with my students. There's still a strong stigma about it, and some people might react negatively to finding a trans gal was tutoring their high school aged son or daughter.

Now, with most students, I have no reason to worry. If through some random reason I was outed to a parent who didn't approve, it would just be a lost client. No big deal.

Well tonight I found out something that's made me worry. It turns out the parent of one of the students I tutor is a local criminal court judge.  This is a person who handles severe felony crimes and hands out multi-year jail sentences on a daily basis.

For some reason, I just feel pretty intimidated about this. This person is a Republican judge and we're in a pretty conservative state. With most clients, if they were to find out and disapprove, it's just a lost student. With this, in a worst case scenario I could end up with a judge angry at me. I don't know much about her politics or beliefs, just that she's always run as a Republican.

Do  I have anything to worry about here? I guess I'm just always reading horror stories of trans people being treated horribly by the justice system. Just being around cops or judges can make me nervous.

Do I have anything to worry about here? I have no criminal record except for minor moving violations. I have never been arrested, charged, or investigated for any crime accept a handful of speeding tickets. Still, I just worry that somehow if I were outed to this person, that they could somehow use their position to really hurt me. The chances are slim that I would ever be outed, but it almost feels like I'm playing with fire here.

Do I have anything to worry about, or am I just being paranoid? Say the worst case scenario happened, the judge finds out my background, is infuriated that I was tutoring their daughter, and tries to harm me in some way from the bench. Is there anything I need to worry about here, or is this just a fantastical scenario with no possibility of occurring? What exactly, if anything, could a judge do to hurt you if you're not actually being actively investigated, charged, or tried for a crime of some sort?

Sorry if this is too paranoid. I just get nervous around people who can put a warrant on your head.

As for location, I don't want to give even the state because that might reveal who I am. To make the location bot happy, let's just say I'm not in Alaska.

Answer:
 >Do I have anything to worry about here?

No.  If you ever pull this judge in a criminal case after tutoring his or her child, you should request the judge recuse themselves on the basis of that personal relationship.

>What exactly, if anything, could a judge do to hurt you if you're not actually being actively investigated, charged, or tried for a crime of some sort?

Nothing an ordinary citizen couldn't do.


Title: (fake?) FBI informant

Question: I was messaged by someone saying that this person I know is FBI or is a snitch for the FBI. The kid who told me is trustworthy enough for me to take it seriously. We all know each other from IRC. My question is that if this person who allegedly works for the Feds or is an informant and does illegal shit himself, does that make his reports to the Feds invalid and is the fact that he is directly involved in crime, mean that he is unlikely to be working for the Feds?

Answer:
 No.

It can weaken his credibility in court, but it doesn't automatically invalidate them.  Plenty of informants have also been criminals.

But it's very VERY unlikely that the FBI cares about what he has to say unless he has info about ongoing terror plots, or spying, or child porn, or human trafficking, etc.

The FBI isn't going to be interested in who's selling weed at your school, or who's downloading movies from pirate bay.


Title: Can my Girlfriend sue my mother for damaging her PC (1,300$) while the PC is at my mom's house?

Question: [deleted]

Answer: best make sure you have a job that will cover rent someplace, food, utilities, car insurance, car payments, school and add $600 on top of that number, and you will be fine.


Title: My daughter and I might get evicted and lose our security deposit please help! (Chicago)

Question: Just moved to Chicago 2 weeks ago and we were staying in a motel but we found a nice sublet in the city. I don't know much about the law so I paid $600 for the security deposit in exchange for the keys and moved our stuff in. The tenant gave us an agreement that I haven't signed yet but he did and I wanted time to look it over as well as the original lease. After a week he still hasn't sent the original lease but said since we didn't sign the lease yet he might give it to someone who's going to pay the full amount (we were paying $150 less). can he change the locks and evict us since technically we are illegal subletting? Are we entitled to our deposit back? We have nowhere to go and I don't get paid until the end of the month and I'm down to my last few hundred dollars please help I'm freaking out!

Answer: Not a lawyer but I believe in Chicago you cannot get locks changed on you if you've technically moved in. The landlord might evict you however if they catch wind


Title: Google placed an email (from someone in my contacts with whom I've had correspondence) into my spam folder without notification; it caused me to miss out on a full-time job I would have had. Can I sue for damages?

Question: [deleted]

Answer: No. It’s your responsibility to check your spam folder.


Title: On having guests removed from my home.

Question:
I'm in the United States. Colorado.

My wife and I own a home together.  We're both on the deed, etc.  Some of my in-laws are coming to visit in a couple of weeks.  I do not get along with these people.  Should I want them to leave my home, do I have any options to make that happen?  Do you need unanimous approval from the homeowners to force a guest to leave, or is one enough?  Can I call the police to have them removed?

Thank you.

Edit: I have talked to my wife about this.  She knows I don't want them here, period. But, they want to come see our kids, and I'm going to be out of town the first three days they're here, so I relented. However, they have this habit of saying passive-aggressive things towards me and I won't put up with that in my own home. I think that my wife would back me up if I asked them to leave, but I don't want to hurt her relationship with her family by asking her to take a side if I can just take care of it myself.

Second edit:  Holy shit. I said that I've talked about this with my wife.  This isn't /r/relationship_advice, it's /r/legaladvice.  Give me legal advice, or keep your fucking mouth shut.

Answer: If your wife wants them there, they are allowed to stay there.


Title: Silly but...

Question: I know this sounds silly, but my mother has a lot of (printed) photos of me. All photos from my childhood. I want her to give them to me, but she won't do it. It makes me anxious that she has those photos... Is there anything that can be done? It is illegal for her to have pictures of me without my consent? I know it sounds stupid, but I really need to know.

Answer: No, it is not illegal for her to have the photos.  There is nothing you can do to force her to give them to you or otherwise get rid of them.


Title: New job is considering my impending birth a resignation.

Question:
So, I work from home and my contractor position for this wonderful startup company unfortunately ended, as risky startups tend to - about 2/3 the way through my pregnancy.  This meant I had to scramble to find work, fast.  I applied for a work at home call center position and was hired after my over the phone interview at the end of August, at nearly 7 months pregnant.  This is a near minimum wage job, as I was pretty desperate for anything to make ends meet while I await baby.

I am located in NYS and the company is located in MT.  Since I am an actual employee (not an independent contractor) I'm pretty sure they still need to respect NYS labor laws which state that I do not have to disclose a pregnancy.  I did notify my boss as soon as I was assigned a team lead and he told me that he would verify with HR, but that he believed that I would be terminated when I needed to go out on leave.  I just now was able to reconnect with him during our monthly meeting, and he has confirmed that when I need to leave for labor that I will indeed be terminated.  I may be considered for rehire after I give birth.

I am emailing the HR rep who hired me tonight so I can get this in writing.  I'm wondering if this is even legal?  He said I may be eligible for rehire in the future.  He asked me several times why I did not disclose this information during my interview.  He then stated that during my new hire interview I was asked if there was any reason I would not be able to work for the next year, and that I must have said no.  I do not remember this question being asked.  I only remember them asking if I there would be any reason I would miss time during the week long training, which I did not.

Do I have any recourse or protection in a situation like this?  Should I speak to a lawyer of some sort?
Topic:
Labor Law

Answer:
 You do not qualify for FMLA protected leave. So you have no job protection right now. Yes they can fire you for taking unprotected leave. Answer #2: If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.

[Source](http://www.eeoc.gov/laws/types/pregnancy.cfm).

In other words, they can't be particular assholes to you, while giving others slack.  But if they're assholes to everyone, that's legal.Answer #3: It would not be a resignation, though. If they terminate your employment, you can apply for unemployment.


Title: Is paying black staff more because of their race illegal?

Question:
Hello-- I work at an organization where as part of an advocacy campaign BIPOC (Black, Indigenous, People of Color) staff have demanded being paid twice as much as white staff. Is this legal to implement?

&#x200B;

edit: I'm not debating the point of advocacy--- just asking if it's legal. For context, everyone at this organization gets paid the same wage.

Location Rhode Island, USA

Answer:
 > BIPOC

?

> staff have demanded being paid twice as much as white staff

Lots of people can demand lots of things, that doesn't mean it's legal or it will happen.

What is your location?


Title: [TN] My landlord's father has locked me out of the house.

Question:
I have a friend in college with me whose dad recently bought her a small house in a "bad" neighborhood. They've flipped it to rent for the fall. I unexpectedly came into a situation where it would benefit me to rent this place for a little while. I'm staying in a tiny studio-sized addition to the house.

She emphatically made me understand I had access to the rest of the house, which has a keypad on it and isn't accessible from the addition. What is in the house and not the addition - a stove, an oven, a freezer, a washer and dryer, the router, and the thermostat.

She is living out of town for the summer doing an internship. Her dad is looking after the house. Today she drops that bomb - after I express concern about the keypad not working - that her dad's friends are going to stay in the house for a bit and so he has changed the keypad code.

I was livid. I calmed down. I checked my lease, and damn it, it specifies that I am renting this whole property, not ANY specific room.

I'm here for another month. Part of me is just furious, part of me wants to know if I can do anything. This can't be legal, right? Her father told her to tell me to "make other arrangements" for my laundry and cooking.  I am legally entitled to the house, and now I have been locked out - by my landlord's father, no less? Am I insane?
Topic:
Landlord Tenant Housing

Answer: Your recourse is to sue your landlord for unlawful constructive eviction.


Title: (Mi) i work at a mexican restaurant

Question:
[deleted]
Topic:
Labor Law (Unions)

Answer: You can legally be fired for this. If fired, file for unemployment. There is no applicable state or federal law that guarantees you a "second chance".


Title: [FL] I work at a bikini bar and our new manager is causing problems by insisting that our work issued uniforms are inappropriate.

Question:
Hello everyone! It was suggested that I cross post this issue here instead of in the relationships subreddit. We are located in Florida. Please note, the uniforms were given to us by the company and they bear the company logo and our names. We are not allowed to wear any other bikini tops besides the ones given to us by the company.

I work at a 'bikini restaurant' on the beach front which is similar in style to a Hooters/Tilted Kilt style restaurant. This particular restaurant is not a chain restaurant and there are only two locations in two states. I started working here because I needed the extra money for school and I've been with the company for a little over a year now and I was promoted to assistant manager. I graduated last spring and I am taking a year off school to save up before I go to law school.

About a month ago, our previous manager was in a serious car accident and he had to take an extended leave of absence to recover. The store owner lives in another state and sent the second store manager (Lisa) to our location to manage things while our manager recovers. As far as I know, we have no HR.

Ever since Lisa came here to manage the restaurant, she has made all of the waitresses lives hell. We are required to wear a specific bikini uniform to work and the uniform policy is very clearly stated in our handbook. *We have to send in our measurements to the company that makes our uniforms and they send us the bikini top and shorts we are required to wear, made to fit our particular sizes.* It's essentially short shorts and a drawstring triangle bikini top, nothing too crazy or out of the ordinary. The bikini top has to cover our nipples and areolas (there are silicone strips on the inside of the top to stop it from slipping) and the shorts have to cover our butts down to thumb length, but that is all that is written about our clothing in the handbook.

Lisa has essentially taken it upon herself to criticize all of our uniforms before our shift starts and even has gone so far as to make us line up with our hands by our sides to make sure our shorts meet the 'thumb length' rule. Almost all of the waitresses are busty and she has convinced herself that we are violating the rules by exposing too much of our breasts (which is insane considering that we have to wear a string bikini top that we were measured for). One of my coworkers who has her boobs done showed up to work last week in the same uniform she has been wearing for months and was told she had to either buy a bigger top, make her current top fit, or go home. When she asked Lisa for a new uniform order form (because she wanted to order the larger size), Lisa insisted that she adjust her top in front of her until she was satisfied that my coworker was covered enough for work. Myself and the other girls have been using double sided tape to meet Lisa's demands, but she still insists that we are showing too much skin.

One of the other waitresses called the store owner to complain and she was not at work the next day. We assume she was fired for speaking out and we are scared that we too will be fired if we report this. And honestly, I really don't understand why this is even happening when all we are doing is wearing the uniforms they told us to wear.

Sadly, this is a right to work state so I know there isn't a lot I can do legally about this, which is why I'm asking you guys. Is there anything I can do besides look for a new job?

Answer:
 Look for a new job.  It's a shitty situation but not breaking the law. If you get fired, file for unemployment.  Answer #2: I would still suggest calling the store manager, though I know it seems daunting. Leave "Lisa" and the missing coworker out of the conversation, and instead ask the store owner(s) directly if there is an issue with your current uniforms. Try to not phrase it as a complaint... more like a "concerned and dedicated employee wanting to follow the rules the best she can". From their reaction, you can see if your situation really does require a new job.

On another note, I'm so sorry some of these comments have been so inappropriate, you went out of your way to be thorough and detailed about your situation and everyone should respect that.Answer #3: This is not a legal issue at all - your manager wants you all to stick to a tighter dress code - one that certainly isn't very different than the current one - and if you don't you can be punished accordingly.  This is no different than any other company out there, despite the attire.

Side note: saving for law school is sort of futile, but best of luck.


Title: Do I have grounds for a wrongful termination suit?

Question:
Hi everyone. NYC location.
I was laid off today, just 1 biz day short of the 90 day period before the company would have to give me health insurance, etc. I was in a directorial role, managing a team of 8.

Two weeks ago, our shifty HR manager (HR is a one-person department, who is also the head of another department - hello, conflict of interest!) told me that, despite telling me (in writing) that I could use my sick days and personal days as vacation days, this policy was "no longer valid." So my promised 17 vacation days went down to 10 (4 of which were already used, as I had a scheduled vacation before I started this job). I went to the head of our department with this information and we had a meeting. He said he would look into it further and never followed up. Our HR manager stopped speaking to me after that day, wouldn't even hold a door open for me when I was walking behind her, and wouldn't look me in the eye.

Three weeks ago, after I returned from vacation, my direct supervisor told me that, while I was away, my team was going to HR saying that I was never in the office. She said this not as a warning, but while we were catching up and talking about how our team needs to be less gossipy. (Since I had started, I had taken ONE work from home day. Never took a sick day or any other PTO.) I told her that this was alarming and she said that it was nothing to be alarmed about, but that we should have a conversation with the team. I even said that, because both of us don't trust HR, I was worried about being laid off due to hearsay. She said that this would never happen.

Since I took over for my predecessor, my job's responsibilities were in flux. (The entire department was.) I continuously asked how I could be improving or helping and was told that I was doing fine, that further clarification was needed - from HR. Nothing ever came.

So today, HR laid me off. They said that I had significant absences (with nothing to back up this claim), that I had been given oral warnings about my job performance from my supervisor (never once was I told anything about this), and that I just "wasn't a good fit."

My termination letter stated that I was terminated due to poor job performance that did not meet expectations.

I feel I was fired for causing trouble for HR. I had no prior warnings, nor did I ever receive a job description other than "day to day team management," which I was currently doing. I even asked my boss how I could be better and she said we had to wait for things to settle down.

I'm assuming no, but a friend suggested I post here and check. Do I have any sort of claim here? (I guess in terms of the HR/time off situation.)

TL;DR: Got our HR Manager in trouble for lying to me about vacation; Was laid off two weeks later stating "poor job performance" and "excessive absences" despite not having ANY absences and never receiving any job performance warning.

Answer:
 This is not wrongful termination.  File for unemployment, appeal if you are denied the first time (and most people are), and look for a new job.

Consider yourself lucky you get to distance yourself from such a badly run business.


Title: [CA]Hard Time Dealing with Child Services (CPS)

Question:
Doubt anyone will remember by my username alone, but I'm the guy from [this](https://www.reddit.com/r/legaladvice/comments/5vck2u/ca_brother_inlaw_arrested_for_fchild_abuse/?st=j8njk6pg&sh=bdfb8ea8) thread.

Anyway, we have guardianship now of our nephew, not adoption just yet (that's coming in February). We've never had a steady social worker assigned to the case, a lot of running around, confusion, duplication of paperwork, etc.

The point of this thread is to see if anyone here has experience dealing with social workers or CPS in general. We're supposed to be financially compensated for what we're doing, but nothing has happened yet. We ask and ask but keep getting the typical "we will look into the case" response. We follow up but nothing happens.

So, getting a little frustrated, and we probably aren't moving forward with the adoption due to other reasons I don't wish to discuss.

Answer: Sorry I can't help with any practical advice but just wanted to say that I appreciate what you and your wife are doing for your nephew.  You are good people.


Title: Tenant in a hoard situation... my rights as a landlord

Question:
Was recently called to a property i own with concerns from the main floor tenant with regards to water in the laundry/mechanical room.  Entered to discover drain line had backed up and water was able to enter the basement suite.  Contacted the basement tenant to let her know i would need access to her suite to deal with the wayer (she was out of town)

Upon entering the suite in order to deal with the water and assess any damage (thank god for vinyl plank flooring) i was broadsided and dumbfounded by the sheer volume of stuff accumulated.  Things piled on top of each other up to my waist (im 6'3") with little more than a path from door through to the kitchen.  Dishes piled 12" over the top of the sink, refuse and debris pushed to the side of the room, cupboards and drawers wide open...

The whole suite resembled this in some form or another.

After dealing with water as best i could, i asked the tenant to take the next 2 weeks to remedy this, or atleast show me theyre making an honest effort to do so.  It has now been over 2 weeks and we are to meet to see what progress has been made.

What kind of legal recourse do i have in this situation if little to nothing has been done? Im required to maintain the property to be inhabitable and safe, i expect the tenant should also be required to as well.

Tl;dr Tenant is a hoarder, asked to clean "or else"
Topic:
Real Estate law

Answer:
 NAL but here is what I would do. Send them an official letter requesting that they clean up the mess. Inform them that you will begin eviction proceedings in X amount of days if the issue is not remedied. Your lease should back you up on this. There is almost certainly a clause in the lease requires tenants to keep the property clean.

If they do not clean the apartment, take pictures and begin the eviction process. Retain their security deposit for damages. Sue them for additional damages beyond the security deposit. Answer #2: Please don't take the advice you are mostly getting here. You cannot simply end the tenancy of this tenant. Alberta's residential tenancy laws are quite clear that absent a few reasons, a landlord can't simply end a periodic tenancy (aka month to month). "My tenant is a hoarder" is not one of them.

See [https://www.servicealberta.ca/ending-an-agreement.cfm](https://www.servicealberta.ca/ending-an-agreement.cfm)

If you think the tenant is not maintain the suite adequately, then you need to take them to a residential tenancy hearing. I'm not sure how Alberta's tribunal is, but in many provinces hoarders are given a LOT of slack. Its a form of mental illness and so human rights protections apply.


Title: [Ontario, Canada] Friend is hiding all business income, what are the potential risks?

Question:
Alright... first of all this is not secretly about me. I work in education.

A close friend began a business breeding dogs several years ago. She is a vet tech and did all her research etc etc. Anyways she has been extremely successful. Her puppies sell the day they are born and she is making a lot of money.

Her husband, myself, and another close friend have suggested she find a bookkeeper or accountant to do her taxes and organize the business. She made about 75k last year and in the first 7 months of 2019 she has brought in approximately 120k.

She is refusing. She insists that the govt doesn't deserve her money and she will not pay taxes.

Her chances of getting caught are extremely high. She claims all expenses on her taxes but says she is only doing dog grooming and making less than 10k a year.

She posts all puppies online with prices and when they sell. Facebook and a private website.

This year she should end up making a rough 200k.

She receives all payments for puppies via e transfer or cheque.

I know this is bad. I'm hoping to get an idea of what would happen if (when) she gets caught. Our mutual friends and I are hoping that we can show her that she needs to do this legally.

Thanks in advance!

Answer:
 > She receives all payments for puppies via e transfer or cheque.

Good news for her eventual auditor, but less good for her. This paper trail will do a lot to support the proposition that this is income, that she was aware that it was income, and that she deliberately underreported it or failed to file.

The range of possible outcomes, if and when she is eventually audited and caught, ranges from being reassessed all the way up to criminal charges. If she's reassessed, she'll be ordered to pay all back taxes, plus interest, plus penalties. If she's making an additional $120,000/yr above her reported income, she'll be looking at somewhere in the vicinity of $150k/yr to $250k/yr in money owed, once all is said and done, depending on just how seriously the CRA decides to take this. The CRA will likely be willing to take a payment plan, but this debt will not be dischargeable and will follow her until it's paid.

If she's caught misreporting her income again, or if the CRA decides to pursue charges on the first offence, she could be looking at all of the above, plus up to 200% of the unreported income in fines, plus up to five years in prison.

If you believe you should report this, [Canada runs a lead reporting program](https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/suspected-tax-cheating-in-canada-overview.html) for tax evasion. There is no reward, other than a fuzzy feeling.


Title: [California] Officer stops in front of my (moving) car to give a traffic ticket

Question: [deleted]

Answer:
 >  Is it legal for an officer to stop on foot in the middle of the road?

Sure.

> Does this pertain to my situation, or is it only for situations where an officer is in a residence without a warrant etc.?

It isn't limited to those situations, but it doesn't apply to your situation, unless you haven't told us something.  Plain view is in relation to the seizure of evidence.  Was evidence seized?

> Secondly, if all cars heading that direction came to a complete stop because he was in the road, does that count as disrupting traffic?

Perhaps.  But his role as a law enforcement officer he may have had a valid reason for disrupting traffic.

> Finally, is an officer able to visually estimate the speed of a car directly approaching him and stopping in front of him?

Sure.  Officers receiving training on how to visually estimate the speed of moving vehicles.

>  I am not sure whether the traffic court will actually listen to or believe me.

I'm not sure either.Answer #2: > Is it legal for an officer to stop on foot in the middle of the road?

Yes, his authority still exists when he's standing.

> Secondly, if all cars heading that direction came to a complete stop because he was in the road, does that count as disrupting traffic?

I don't understand your question.  If you're asking if you can get the ticket dismissed because he was standing in the road, the answer is still no.

> Finally, is an officer able to visually estimate the speed of a car directly approaching him and stopping in front of him?

Yes, officers are trained to do that.  He personally may not be, and you can explore that if you like.


Title: Sent provocative image to someone who might be a minor. Advice?

Question: [deleted]

Answer: No. You are fine. If you think she is underage, stop talking to her. If anyone like "dad" comes around asking for money to make it go away, it is a scam.


Title: My SSDI Payee Just Passed Away

Question:
My social security disability payee is my grandfather and he just died on Thursday. I've been on disability for 7 years and had my review last July.
My money is directly deposited into a bank account which  is a joint account between my grandfather and I. He would have to write me a check everytime I wanted to withdraw money.
I'm scared because I have rent and bills coming up next week and my roommate has already threatened to kick me out if I don't pay the rent by the 5th.

What do I do?

Answer:
 You're the one on disability, and he was just your representative payee? Your checks shouldnt stop then. You just need to find a new RP and have them go with you to the Social Security office to get their name switched out.

If you were depending on your grandparents SS retirement benefits in addition to your SSDI to make rent, that's a different issue.

Sorry for your loss. Answer #2: If it is a joint account with your name on it, you should have access to it and its contents even without your grandfather.

Also your roommate can't just kick you out. There is an eviction process he would need to follow that wouldn't start until you didn't pay rent and received notice in writing.


Title: (US) girlfriend paid a company for "life coaching program" they aren't delivering any substantive education, no methods on how to run such a business, but demanding money

Question:
Sounds like a ponzy scheme

What are our legal rights?

I can go into more detail if you need but basically they're charging nearly $10,000 for this immersive full life coaching business course but their teachings are absurdly vague and have nothing to do with how to operate the business. They basically just say "ok be nice to women tell them nice things, reach out to family and friends who may want services from you" and that's it. Well duh I can google better business advice than that in seconds without paying $10k.

They're proving to be incompetent. If they know how to make money as a life coach then they shouldn't rely on making money from life coaches they're training. If they can't make money as life coaches then they're knowingly selling fake training.

If they know how to make money as life coaches then why the aversion to sharing that knowledge with their students? What purpose is the life coaching business course without being taught how to make money with it?

If they want to get paid for their teaching then they have to teach how to make the money required to pay them with.

How is this not logical?

Looking for legal advice
I want to sue them for possibly being a ponzy scheme or something and for the anxiety and financial stress they're putting on an innocent person who was conned by their false promises.

Thank you.
Topic:
Business Law

Answer:
 You can try demanding a refund, but they can refuse. Then your only recourse is to sue them, but you'll have to demonstrate how they violated the contract by not providing what was promised.

Frankly, you're facing an uphill battle. Life coaching is intended to be vague, because it's an easy way to make money without technically breaking the law. Penn and Teller did an episode of *Bullshit* on this very topic. It's currently free on Vimeo.


Title: [Florida] My neighbors refuse to turn down their loud bass music. They do it all hours of the day and night, and police have already responded several times. How can I escalate?

Question:
**TL;DR: Neighbors play loud music that I can hear from inside my own home a street or two over. They rev their muscle car engines for hours on end. Police have already been called and responded several times to tell them to turn their music down. How can I escalate the situation?**

My husband and I moved into an HOA protected neighborhood 7 months ago. Everything has been great up until a couple months ago. Our house is backed up to a dirt road, and maybe 3-4 house distances and half a street over there is a house with inhabitants that play their loud music and rev their muscle car engines at all times of the day and night (5 am, 7 pm, 2 pm, 9 am, 1 am, etc.). I've called police on multiple occasions, and every time they've sent someone over to tell them to keep it down (I can see the police driving down the road to their house and leaving). The last time I did this, I had stuck my head out of our back door to see if it was the repeat offender (it was) and he must have seen me, stopped, and turned his music up louder before proceeding home. The next morning, at 7 am, he drove by our house, stopped his car, proceeded to play half a song outside our bedroom window (it's in the back of the house) and drove off when we turned the porch light on. It's really getting to me. Driving by with loud music during the day is one thing, but he'll sit in his driveway with the music playing for HOURS; I guess he likes to work on his other cars while listening to music, I don't know. Either way, it's too loud, especially when it's enough to shake our windows and drown out any movie we're watching.

Other than calling the police, is there any way I can legally prevent them from playing that loud music and ruining our home for us?

Answer:
 Are both the houses in question in the HOA?  This might be one of those times when the HOA actually comes to the rescue, and does good things.

Find out what the covenants are.  See if there are fines for loud noise or parties after a certain hour.  Show up at Board meetings, and submit your case.

If the HOA start fining these people for non-compliance of the HOA rules, you might get the result you want.


Title: Is it legal to tweet to Trump that he should kill himself?

Question:
Friend of mine might have just don't this...from my wifi using a burner account.

How concerned should I be (on his behalf)?

Answer: Maybe not illegal but against twitter TOS, he may or may not get suspended depending on how many people care to report.Answer #2: The secret service may or may not do more than put him on a list of vague people to look at if their name pops up elsewhere. Really no one can say.


Title: Tenants upstairs renting out air bnb in a small family home, rowdy.

Question:
We moved into an awesome place in Denver, CO August of 2016, things seemed fine until they turned sour and now my partner and I are trying to get a sense of any options we have to remove ourselves from a potentially dangerous and uncomfortable situation.
We live in a single family home owned by an individual, we are in the basement they (3 folks) are upstairs. We have our own private entrance, a single door with a flimsy doorknob lock, and share a detached garage, backyard, and front yard. After a few mild confrontations (they are jerks), we started noticing people out front of our spot. Someone eventually asked my partner if we could let them in as they were renting out the spot for Air BnB. We had no idea and eventually got in touch with our land lady. She said she had no idea either and said she would be in touch. They had a discussion and she let us know that it was only going to be during the holidays. We check it out online and it looks like it is open for parts of Feb and March of 2017. They were out of town all month while strangers gathered above us having loud get togethers until 4 AM, leaving the gate open (my dog ran out and almost got hit in traffic), and making a mess of the property. During this time it snowed multiple times, I shoveled each time, and their mail and packages grew to the point where I brought them in. I won't go into all of the conflict we have had but it is ridiculous stuff like leaving our garage door unlocked in a high crime area and not remembering to lock after numerous discussions. We are essentially managing the spot while they are gone, is this totally strange?
The final straw was when a group of airbnb guys started trying to get in to the downstairs part of the house while I was not home, leaving my girlfriend very frightened. The ad on airbnb states that the listing is for an entire house which isn't the case, can't blame them right? Regardless we feel threatened and want to remove ourselves from the 12 month lease we signed in August.
Now we will like our safety has been jeopardized, does common renters insurance cover me if the airbnb folks or dick tenants burn the place down, leave the garage unlocked, or worse? Do we have the ability to get out of our lease? Our lease clearly states that we are unable to rent the space out on our own, but I am unsure if their lease is identical. Either way we have decided to friendly reach out to our landlord airing our grievances and are hoping to come to a peaceful end.
I reviewed the basic template lease and can certainly share certain lines that I feel were broken during this experience if it would be helpful. Not a huge amount of information on the lease around leaving early besides "Any notice to terminate this tenancy must comply with the applicable legislation of the State of Colorado (the "Act")." Which is hard for me to dissect.
Thanks /r/legal~
Potentially helpful bits:
"Quiet Enjoyment: 22. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Property for the agreed term."
"If there is a conflict between any provision of this Lease and the Act, the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease. 33. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease. Such other provisions remain in full force and effect."
Assignment and Subletting
The Tenant will not assign this Lease, or sublet or grant any concession or license to use the Property or any part of the Property. Any assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Lease.
If the Tenant moves out prior to the natural expiration of this Lease without written express approval at least 45 days before termination of lease, a re-rent levy of $1,100 will be charged to the Tenant.

Answer:
 Holy cow.  Please try to keep posts brief. Your legal question is unclear.

It looks like you're asking if you can break the lease because your neighbours are loud.

Have you contacted your landlord about this?  Have they been responsive?


Title: Landlord problem. Eviction threats

Question:
I have been living at my place for three years now and have never had a problem with my landlady before. Recently I told her that I had some friends staying with me and they would like to apply for the lease after I leave. This was totally fine and she even helped bring some of their things in. This then became a problem when they decided they were not going to sign a lease with her but were just going to chill with us for a week. She then came into my kitchen and screamed at me that I don't have house guests, I moved someone in and they're squatters and need to be out. Since then, she has threatened eviction and says she is going to a lawyer.

Edit: Sorry. I forgot to add state. Illinois.

Answer: She's not using the term correctly(that's not what squatters are) but she's correct that you're in violation of the lease by adding unapproved roommates.  They go or you risk eviction.


Title: Seeking help regarding college sexual assault

Question: [deleted]

Answer:
 >We are confident that he is innocent

Said every friend of every suspect ever.

He needs a lawyer.  Now.Answer #2: He needs to talk to his parents and hire an attorney.Answer #3: Do tell his parents.

Do get a lawyer.

Do not speak to the police, university, friends, or anyone else about anything that happened.


Title: NY A patient called me and said she had an x-ray performed by someone who is not certified as an X-ray tech

Question:
I work at a radiology company that contracts out to hospitals. This patient from NY called and advised she was both pressured into getting an XR and it was performed by the secretary, who is not certified as a tech. I had no idea who to send her to and the clinic only had one number that would only go to the secretary in question. Who should I have sent her to?

Ps, I told my legal department about it.

Answer:
 I’d imagine [these folks](https://www.health.ny.gov/professionals/doctors/radiological/) would be interested in hearing about this.Answer #2: >  XR and it was performed by the secretary, who is not certified as a tech

...Wat. Contact the [NY State Department of Health](https://www.health.ny.gov/professionals/doctors/radiological/faq_radtech.htm).Answer #3: If the secretary was indeed not certified, best to let your company's legal handle it at this point. You did the right thing, technically, although the department of health might want to hear about it.

However, I'm more willing to bet it's just a case where the secretary called in sick so the X-ray tech pulled double duty. Or the clinic was small enough for the tech to play musical chairs. That sort of negligence you don't do on accident.

X-ray machines are not a joke.


Title: Sent to ER in an ambulance despite not wanting to go, is there any way to reduce hospital bill? (MA)

Question:
Sorry if this is the wrong sub, but I remember posts kind of like this in the past so I figured it was worth a shot. If there’s a better subreddit for this question, please point me in it’s direction!

So basically today I was at the dermatologist getting a mole removed. After the injection of lidocaine I got dizzy and passed out. Apparently I was having tremors so the doctor thought it could have been a seizure so he called an ambulance to take me to the hospital HALF A MILE AWAY.

I ended up in the ER for a couple hours where they only did a finger prick and a pregnancy test, came to the conclusion that it was just fainting (vagal response?) due to extreme pain and anxiety. I’m literally fine.

I know I’m gonna be stuck with a huge bill from this and I obviously don’t want to pay it considering it wasn’t my choice to go and nothing was wrong with me (though I understand the dermatologist was trying to cover all his bases in case I actually had a seizure issue but I digress).

Who at the hospital/my insurance company can I talk to about this? Is there any way they’d take pity on me and lower my costs? This is my first time ever in the hospital as an adult so I’m very lost.

Thank you all for your time!

Answer: You can ask them nicely, but someone who is unconscious is facing a life threatening condition and an ambulance was absolutely the right call even if it was only a half a mile  away, no other method of transport would be reasonable in that situation.


Title: Chainsmoking neighbor moved in downstairs about a week ago and the fumes are invading my apartment!

Question:
I have asthma and a small animal. The smell has not only polluted the hallway completely but the smoke is coming into my apartment. My pet is gasping for air and I find myself choking in my sleep ever since! As soon as I enter the front door, I am overcome with a coughing fit. Is there anything I can do? I have an air purifyer but it isn't helping. No amount of air spray is helping and that doesn't help my case either because it just adds on more to the problem. The smell is making me sick to my stomach. I can't even stay in my apartment for long periods of time because the fumes are so bad. I already have an inhaler that I use regularly because I was trapped in a secondhand-smoking household from ages 1-13.

Please, can someone advise me on what I can do? I live in NJ, the only thing my lease alludes to is "quiet enjoyment and nuisances". He looks like a mean dude and I am a young female so I don't want to put myself in danger by confronting him. I have already called my apartment leasing office twice in distress about the situation.

edit: I live in a 4 unit building. The stairwell is a common area. 2 units upstairs and 2 downstairs. He is directly below me

edit: Nevermind everyone! A representative from the ALA just informed me that what he is doing is in fact illegal :) http://www.tobaccofreekids.org/press_releases/post/2016_11_30_children_hud

Answer: In reply to your edit: Do you live in public housing? Because that article only talks about public housing, and it also says that they have 18 months to implement rules which would only require the building to be smoke free by some point in 2018.Answer #2: According to the link you shared, smoking will be phased out of public housing buildings by May 2018. That doesn't make what your neighbor is doing illegal now.


Title: [Michigan] "Intent to Vacate"

Question:
Hoping someone could help me out.

I made it clear when I signed by lease as well as multiple times orally throughout the year that I was looking for a house and my intention to stay at this apartment was only till the end of my lease, if not sooner (at which point I would notify them).

It was made clear to me that if I wanted to leave early I would have to give notice. That's fine. But my intention was to leave when my lease was up. It was not made clear that there was a 60 day intent to vacate clause under all circumstances.

Is there anyway I can fight this? My lease is up Aug 6th and they expect 60 days. I do not wish to spend two months rent somewhere that I will not be living. They will assuredly be able to rent this unit almost immediately.

any help would be appreciated.

Answer:
 > It was not made clear that there was a 60 day intent to vacate clause under all circumstances.

If the 60 day notice requirement is in your lease, then it was made *very* clear. You just failed to read it.


Title: DIVORCE: My higher-income spouse intentionally his job after we began divorcing and refuses to settle (CA)

Question:
Three years ago, my spouse of almost 30 years (one child, now 26, with student loans in my name as well as the child's, currently cohabiting for financial reasons) called me and told me he wanted a divorce. I found out later he had been having a unconsummated cyber-affair for a few years leading up to this and generally felt unhappy with how little money we had (which was due to a combination of putting our child through college as well as his lifestyle choices - wanting to eat out all the time, etc.). My daughter picked me up and drove me home, and when we returned he had taken many things from the house (that we rent) - mostly his things, some of them mine. In a follow-up, he said he wanted to resolve this divorce in arbitration - not court - and told me not to get an attorney. I suspect this is because he couldn't afford an attorney, but I felt uncomfortable given how distrustfully he had acted insofar and felt safer resolving things in court, so I served him papers. For 2-1/2 yearsm our attorneys went back and forth about settlements, and in this time he intentionally lost his job (he was asked by his boss not to do something and continued to do it and was asked to leave). Prior to the beginning of the divorce, he made slightly more money than I did, but now he makes none and is demanding I support him because "he cannot find work because he is old and can't speak Spanish" (he works in housing management). Before we went to court, I had a private investigator procure evidence of the fact he didn't "lose" his job but he was "fired for intentionally doing something he was asked not to," and brought this evidence to the court. He did not show up to court and the case was rescheduled to a few days ago. On that day, he arrived, still demanding I pay support. I can't pay support because I make less than he used to and I need to help pay for my daughter's student loans. I am not asking him to pay anything for the loans or support me, I just want to cut ties with him, let him live his life with the decisions he's made, and not have to pay support to someone who intentionally lost their job and could easily find work if he just tried. He insists he "didn't know about the loans" (he did) and that "our daughter can pay for them herself" (she can't), and this obliges me to pay support since "I can afford it" (I can't. The judge has not settled the case and I am scared our case will be dismissed and I'll either continue to be liable for him as a spouse or I'll have to begin the divorce process all over again (which neither of us can afford). I don't know how to resolve this stalemate without having to pay him support I frankly cannot afford for a job he intentionally lost. Please give me advice as to how to prepare for our next and final court date!
Topic:
Custody Divorce and Family

Answer:
 What does reddit have against paragraphs today?

This is a discussion for your attorney.  A case doesn't generally get dismissed because the parties can't reach an agreement as to terms.  Not agreeing to terms happens relatively commonly in divorce.  You may be ordered to mediate or otherwise attempt to resolve your differences, however.

There is an argument to be made on both sides with respect to alimony and income.  It sounds like your argument is that any possible alimony should be based on an imputed income for him that adjusts for a voluntary state of unemployment.

Your lawyer can review the facts of your case and advise as to whether or not you can successfully argue for an imputed income.  Your story leaves that in some doubt.  Answer #2: Can your daughter not help pay some of the costs of her loans?  Answer #3: Since you have been unable to resolve your differences, you will need to take your chances in court.  The case will not be dismissed.  The judge will decide.


Title: My friend(18) is grounded and wants to run away to prom.

Question: Could his parents call the cops? If so, what would happen? He wants to be gone for 2 days.

Answer:
 His parents can call the cops; can't predicate if the cops would investigate.  He would not be committing a crime.

Also, his parents are under no obligation to continue housing him, feeding him, providing clothes, money, car, etc.


Title: 96 year old grandfather driving without a license because "the car is insured". I've been asked to take his keys away, any advice for legal justification when discussing it with him?

Question:
Title states most of the important information, located in Oregon and yes his license was revoked after multiple complaints and several serious as well as minor accidents. This afternoon he went for a "drive around the neighborhood" which for him could be 20-30 miles round trip. He is justifying this because he has insurance for his vehicle, but am I correct in thinking that if you don't have a valid license, insurance is not going to help at all in the event of an accident?
Topic:
Insurance

Answer:
 The legal justification is that it's illegal to drive without a license.  Answer #2: Then call the local police department and explain the situation to them.  They may speak to your grandfather and explain the illegality to him.

Ask the woman who lives there to call or text you when he drives. Then call the police every time. If he gets pulled over, how would he know that this woman called you and you called the police?


Title: My [20M] previous employer is withholding two weeks worth of pay from me

Question:
So I was recently fired from a local cell phone repair shop in NC. We were paid weekly so I have two paychecks that I still haven't been paid. My previous boss says that I "illegally went into the Squarecash backend and changed my hours and was overpaid." I did change my hours one time (with manager permission) and it was because I forgot to clock in on day. He says that what I did was illegal.

He says my paychecks are both being held until "Square engineers look into the issue and find out how much I was overpaid" and that "I might not even see a cent of the money"

I contacted the state labor board last week and specifically asked about that, since he mentioned it to me when I was fired. They said he legally can't do that. So I told him that it's illegal for him to withhold the checks and illegal for him to even deduct anything from them. He says he doesn't care and that he'll see me in court.

I just have no idea what to do. Since it's veterans day the labor board is closed so I can't ask them, and I desperately need this check before Monday to cover bills.
Topic:
Employment Law

Answer:
 File a wage claim with the NC Department of Labor. The instructions are at http://www.nclabor.com/wh/fact%20sheets/Wage_Complaint_How_to_File.pdf. You will need to wait until 10 days has passed since the last scheduled pay date:

> NOTE: We do not take wage complaints for less than $50.00. If your wage complaint deals with your last paycheck, you must wait 10 days after the payday in order to file a wage complaint with this office.


Title: Family signed mobile home into my name without my consent when I was 16 or 17 (in 2008) and I need to get it out of my name.

Question: Father went through divorce and loan trouble back in 2007/2008 and likely transferred it to my name to prevent it from being taken.  I did not sign anything, so he must've forged my signature.  The address for personal property tax went to his address, he always paid it, and I never heard about it.  He has continued to live there this entire time doing whatever he wants.  As I begin to move to a new state I learned from the license bureau that I own a mobile home and I definitely don't want anything to do with it.  It's also worth noting that the property sits on my grandparent's land and they will not let me sign the title for it over to them despite the fact that they are also tired of my dad's stuff.  I am short on options as I can't force him to take the title back.  I've also applied for a replacement title which I will have soon since I obviously never got it.  So it's looking like I will need to speak to a lawyer regardless but I am curious if anyone here can offer any advice before I do this this week. The state is also Missouri.  Please and thank you.

Answer:
 > Family signed mobile home into my name without my consent

Identity theft.

> I can't force him to take the title back

Report his crime to the police. You can speak to the attorney first though, and come up with an overall strategy.Answer #2: Better run a credit check on yourself, if you haven't, to check for other hidden surprises.Answer #3: He can re-title in his name, or you'll sell it.

Problem solved.Answer #4: Tell him you're going to sign it over to his ex, creditors, or charity if he doesn't want it?  With your lawyer's advice, of course.Answer #5: Evict your father, sell the trailer.Answer #6: You legally own it so you can just straight up sell it. You will need to evict your father.

You should also file a police report. Answer #7: Sell the trailer to your grandparents, have them evict your dad.


Title: Generally speaking, would a notarized document have any effect in court against a signed contract I'm being forced into?

Question:
I know I need a lawyer, but right now I'm just looking for a general legal point of view.

TL;DR; Can signing a protest document and having it notarized challenge a contract in the future that I'm being forced into?

Details:

Due to circumstances, I'm being forced to sign a contract that does not have favorable terms for me. In fact, it could fuck me pretty bad in the future in the event the other two people involved decided to.

The problem is, it's this contract as it is or nothing. And I can't afford to sue them at the moment. And they know all this. They know they have me between a rock and a hard place. Sign the contract they presented as is or nothing. We all did the same amount of work up to this point.

The thing is, the terms of the agreement are so egregious, I'm hoping the court looks at this and allows me to challenge it. A few things in it that are ridiculous:

* they own everything I've done in the past 17 years
* they have some kind of claim over anything I do in the future bc it derives from the past
* I have to do work for this company whenever they want without pay
* I'm not allowed to work in my current position or any other position I have before bc I have 'proprietary information'
* they can contact any employer I have in the future and prevent me from working in my profession bc of the terms of the contract
* they have power of attorney to sign any document in my place, even if I refuse
* they can use dilute my stock at any time and not their own (They are only giving me 10 and they are taking 45 each)
* I agree that I can never sue them for any reason.

And it goes on. This is the most aggressive contract I've ever read. And they can fuck me any time they want.

**The kicker is it has a half page in all capital letters with a disclaimer said in about 10 different ways that I'm agreeing that I'm not 'under duress'. But I am under duress. And they know it. They know I have to sign it or I have no recourse to stop them and they can include whatever they want and I can't negotiate it.**

But I have to sign it as is. And they know I can't afford to sue them if they form this company without me, so it's a sign it or get nothing kind of deal.

So my question is, since the terms are so egregious, and they know I have no choice and no recourse right now and I am being forced to sign whatever they want, can I go get a document signed that says (in general)

> 'I am under duress. They know I have no option or recourse and I have been informed that I either sign the contract the way it is or get nothing and there is nothing I can do about it.'

and go get it notarized and dated at the bank before signing the contract.

Would this help at all in the future in case of a dispute/lawsuit?

Answer:
 >TL;DR; Can signing a protest document and having it notarized challenge a contract in the future that I'm being forced into?

A notarized document is not going to take precedence over the actual contract.

You cannot be "forced" to sign anything, including a contract.  Why do you think this?Answer #2: Your concept of duress is likely no where near what the law actually requires...


Title: Can a landlord evict you and then charge you for the remainder of the lease period?

Question:
My sister is renewing her lease in DC and the new lease has a clause that basically says that if the landlord evicts her for violating any of her tenant agreements that she's liable for paying the remainder of the lease period.  This doesn't seem right.

I know DC is very tenant friendly and I've looked through the DC Tenant Survival Guide and can't find anything that addresses this specifically.

Any advice would be appreciated.

Answer:
 In theory, yes.  If you break a lease early, you can generally be held responsible for the rent through the remainder of the term.  Local laws may differ or limit this right, but at common law this was the way it was done.

Now, in reality, does that mean she will be held responsible?  Likely not.  The landlord has a general duty to mitigate his loss for your sister's breach of the lease agreement by seeking to re-rent the apartment within a reasonable timeframe.  While your sister may be held responsible for some of the future rent after an eviction, it is unlikely any court would order her to pay the entire term of the lease, but rather what it considers to be a reasonable amount to compensate the landlord for the time the apartment is vacant.

In my jurisdiction (PA), a landlord is unlikely to get more than an additional month's worth of rent if they seek the balance of the lease.


Title: [NY] DA won't press charges on employee's theft (with video evidence) because business partner won't give a statement.

Question:
Hello I have an ex-employee whom I have a recording of stealing from my business multiple times including cash from the till. This employee is the (ex?)spouse of my now ex business partner, and the business was split 50/50.

I went to the police with this, and they took it to the DA who wants a statement from both business partners before prosecuting the employee. The other business partner won't give a statement because they are still living together. Is there any legal recourse or action I can take to prosecute this employee? The theft ranges in the 10's of thousands of dollars.

Answer:
 You can hire a lawyer and sue to recover the money.

But there is no recourse to force the DA to press charges.Answer #2: They are waiting on a statement from your business partner because both of you have the capacity to allow employees to take money from the till.

If your partner authorized her to take the money then it isn't theft.


Title: Fleeing scene of incident; medically

Question:
Code of Maryland; [Transportation article, section 20, subsection 102 Paragraph A2](http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gtr&section=20-102&ext=html&session=2016RS&tab=subject5) ; and [subsection 105 paragraph A](http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gtr&section=20-105&ext=html&session=2016RS&tab=subject5)

Scenario: Driver is in single vehicle accident to property with passenger on farm in countryside; both are injured, driver has major concussion.  Driver hands phone to passenger and tells to call for help.. is then seen going into the nearby woods, and is unable to be found/lost for about 8 hours (by police or police dogs) before found looking into neighbors door/windows looking for help (neighbor house one of only few nearby houses a good distance away), displaying confusion and inability to function, taken to hospital and diagnosed with major concussion/brain trauma.

Since he was not at the scene of the incident; he was charged with the two articles stated above.  No alcohol involved.

Question: What is the possibility of charges being dropped with medical records showing major concussion, or just a favorable outcome for the defendant?  I'm not expecting any solid answer; but it would help ease some concerns with family members/brothers who are worried for him.

*edit; yes, I realize I didn't finish the title....

Answer: Delirium is a pretty solid defense. Prosecution may still occur.


Title: Retired Preacher Neighbor is giving daily sermons via loudspeaker to our neighborhood and it’s interrupting my work. (MO)

Question:
[removed]
Topic:
Other Civil Matters

Answer:
 It sounds as though you’ve checked to see if he’s violating any ordinances. If he’s not, as other posters have said, there isn’t much to be done, unless you want to petition the city council to change the ordinances.

Short of that or becoming an elected representative yourself to enact change, you can always try talking to your neighborhood preacher. If that fails, (being careful that you yourself don’t violate any laws yourself) you can always put on your own performance. If it happens to be at the same time he’s preaching to the entire neighborhood... oh well!

Edited to add: Your post makes it sound as though you’re concerned about retaliation or being the outcast since you’re in the Bible Belt. I don’t live in your neighborhood but I’m also in the Bible Belt and I would be annoyed to have something- sermon, music, instructional video, etc- blasted at me every day.Answer #2: It doesn't matter where your house sits. All that matters is the noise level 98.4 feet/30 meters *from the speakers.* If that's over 75 decibels, he's wrong, assuming it's not an "outdoor venue, production, performance or event" that he's obtained a permit for.

That's probably your other avenue: explore what the requirements are for getting a permit. When is one required? What are the duties of the permittee with regards to insurance, parking, etc.?


Title: CPS nightmare

Question: I have been taking drug test for the past two months and have a few clean screens . I set these up myself and I am curious how long will CPS possibly request drug tests

Answer: You're going to need to provide more information than this. What does "few clean screens" mean. Are they consistent or are you coming up positive every now and then?


Title: Kids are scheduled for my week for the forth of July but ex is trying to take them to The west coast. Can I call the cops on her?

Question:
I told her that I didn’t give her consent to do that and she is still trying to do this and saying  I told her kids it was okay even though I didn’t. Will law enforcement do anything if I call them?
Topic:
Custody Divorce and Family

Answer:
 > Will law enforcement do anything if I call them?

No. You can petition the court for enforcement of the order, but that's not going to happen before the trip. In this situation, the most likely outcome is that the judge may award make-up time.Answer #2: She's breaking your custody agreement. Get her on contempt of court.

This thing can (likely won't) end up in jailtime for her if she doesn't straighten out. That all being said, I really doubt the cops will do anything before the courts are involved.Answer #3: Not before she takes them, no.

Document everything up to this point, and hope she is just bluffing.  If not, call the court.


Title: I've been subpoenaed for something I witnessed almost two years ago

Question:
I'm currently a college student living in New Jersey. I witnessed a car accident in November of 2014. Since then, I have only given a telephone testimony (I believe to the insurance company) in spring 2015. Last month someone representing the defendant came to my home to serve me a subpoena (along with a traveling expense reimbursement check for $2), but I was out of the country so someone else accepted it on my behalf. The papers were served on 5/11 asking me to appear at the lawyers office on 5/19 (I was still out of the country at this time so I did not appear). I just received another subpoena in the mail asking me to appear and give testimony next month.

At this point the incident occurred 19 months ago and I do not remember much more than basic details of what happened. Furthermore, I will be working 12 hours a day, Monday through Friday, starting July 1st. Any time off from work will significantly impact both my employer and myself, as I'm paying for college out of my own pocket and I need this money to pay my bills for the next year. I understand that this is not grounds for dismissal and I am still legally obligated to appear. So I contacted the lawyers office with hopes that we could find a more suitable time for me to give testimony. However he informed me that the subpoena process is complicated and he would not be able to fill out the proper paperwork for me to give an in person testimony in the next 2 weeks.

I explained to the lawyer that I already provided a thorough testimony a year ago (which would be far more detailed and accurate than anything I could give at this point) and that I need to work in order to pay my bills and feed myself. However he said that he has no knowledge of this testimony and needs one of his own. Does this mean that, if asked, I have to testify separately to the insurance, defendant, and plaintiff? I understand that this is my civic duty, but at some point does the need to support myself and ensure that I will not be homeless in the near future have some impact on how much I can be asked to do?

I cannot afford a lawyer and I do not know anyone who would be able to assist me with this matter. I would greatly appreciate any advice or suggestions on where I should go from here. Thanks so much.
Topic:
Other Civil Matters

Answer:
 Just to address your second to last paragraph:  You have not already provided testimony under oath to anybody.

An insurance company called you and you voluntarily answered questions.  You didn't even have to talk to them.

Now, a case is going on and you have been asked to provide testimony, under oath, in regards to what you saw.

Both the plaintiff and the defendants lawyers will be there.

So to be clear, you are providing testimony once.


Title: Check with incorrect value sent to me

Question:
 A women sent me a check in the mail of $1275, for something that was originally meant to be $30. She claimed it was an accident her Financer made and that she hopes I could deposit the check and mail back to her the remaining funds. She is located in Texas and I am located in California. Would there be any legal ramifications for me if I deposited the check and did not return the amount?
Topic:
Other Civil Matters

Answer:
 This is a scam. It's a bad check. Although the amount will initially be credited to your account, it will later be removed. And if you spend it, you'll have to pay it back.

But nice attitude you have trying to take advantage of what you thought was a mistake.Answer #2: Report the person to the police, check fraud is a crime.


Title: Best friend wants me to be his daughter's Godfather, what all does that entail, anything I need to know?

Question: So my best friend just had a baby girl and they would like me yo be the Godfather, I am of course honoured and agreed. Just looking for any advise or things I should be aware of before we make this official, I hope this is the right place for this haha, any help is appreciated thanks.

Answer:
 Godfather is not a legal title, it's a ceremonial one.  A lot of people use that as shorthand for "If we die, we want you to take care of our child" but unless that's included in a will or other document, it has no bearing at all.  Even if it does, you aren't required to actually do it.  A court won't force you to become guardian of someone's child.  Answer #2: IANAL, and not really law advice, but traditionally the "Godfather" role was more about having someone who could look after the child's spiritual and religious education.  It does imply "if something happens to me, look after my child," but there's no legally requirement to do that physically or financially.  Just a moral requirement that you will always do your best to help be sure the child grows into the kind of person their parents would have wanted them to be.

Be sure that you know what your friend's religious and moral beliefs are, and are comfortable encouraging their child to follow those.  And IIRC, if the family is Catholic it used to be traditional to give your Godchild a nice set of rosary beads on their first communion.  Otherwise, send birthday and holiday cards/gifts, and be a positive influence in the kid's life!


Title: My biological father owes a lot of money in child support. Is there anything I can do as the daughter to force him to start paying it?

Question: [deleted]

Answer:
 Child support is owed to your mother not to you. You cannot sue for child support that is owed to your mother. Also he already needs to pay, if he hasn't paid until now, another judgement wouldn't change that.

If you cannot talk him into paying there is nothing you can do.

Obligatory declaration that I am not a lawyer.


Title: Landlord wants to terminate 6 month agreement because I'm using a slow-cooker and personal heater [Seattle].

Question:
This one requires a little bit of back-story. I've recently moved into a master bedroom in the greater Seattle area. The landlords are this couple from Peru, who seemed nice enough at first. Utilities are included in the rent, I get a shelf in the fridge, and am allowed to use the kitchen and utensils, provided I clean after myself.

He sat me down today to "talk". He mentioned that I have a slow-cooker in my room, and that I am not allowed to cook in my room. He also complained about my personal heater. (The house heating sucks, I freeze at night and the house boils over in the morning). When I said that I am allowed all these things, he said he talked with his wife and would like to terminate my lease. I got a bit upset and walked out.

Here is my [rental agreement](http://imgur.com/a/xFDTW)

What are my rights? Does he have the right to pre-maturely terminate my lease?

This isn't the first time they've "sat me down to talk". They've had numerous other petty complaints that I've tried to accommodate. The other roommates seem very quiet and keep to themselves, which tells me that they like to manipulate all their tenants into submission, threatening to evict on every whim. I'm working three jobs to pay off some debts, trying to get on my feet. I honestly feel really jaded right now. Kind of shaking as I'm typing. I'll try to provide more details if ya'll need to know anything. I'm also trying to look for another place to live just in case. Feels really weird.

Answer: bedrooms are not designed for cooking. Why can't you cook in the kitchen?  The heater on the other hand, as long as it's a modern one and in good condition, is not a danger.


Title: [NJ] Nonrefundable deposit just to view the rental?

Question:
Not sure if this is the right subreddit to be posting to but:

I'm looking for rentals for off-campus housing in New Brunswick, NJ. I found a place, called them up, and they said that I need to put down a refundable $250 for their "preferred tenants list" and if I wanted to see the property, I needed to put down another $250. If I don't like the property, they keep both deposits but if I decide to rent, it goes towards my security deposit.

I have never had experience with renting and leases and whatnot and I don't know if this is a normal thing to do. It sounds kind of sketchy to me... If anyone can help me out, I'd really appreciate it!

Edit: Link to their website http://www.premierpropertiesofnewbrunswick.com/index.php/about

Answer:
 Hand them a plastic spoon, and when they ask what it's for, tell them it's so that they can eat the shit directly out of your ass.

Either this is the most posh housing imaginable -- which is hard to believe given your location -- or they're insane -- which is easy to believe given your location -- or this is their way of saying "no thanks" to you based on some kind of discrimination against you (whether or not that is illegal discrimination is a separate question).

What kind of Taj Mahal is this place?


Title: New cali smoking law. Will I be grandfathered in?

Question: I'm already 18 and can buy tobacco products. Will I still be able to after the new law?

Answer:
 Take it as a sign and quit.

30+ year smoker here.  If I were still your age I would have never started.  I'm 48 and have asthma, COPD and emphysema.  Every morning is a challenge to breathe.  Last week, I was in the hospital with less than 50% blood oxygen saturation.  I coded in the ambulance and am lucky to be writing this right now.  My heart has been damaged (still doing tests to see if temporary or permanent).

All because of cigarettes.

Do yourself a huge favor, please.  Just quit.  There is nothing good or cool about it anymore (it was cool when I started and God forbid I not be cool.....what a pile of shit).  Please.  Just quit.

Edit: a word.Answer #2: No.


Title: I intend to end my life soon. My family cannot afford any sort of burial expenses and I don't want to gamble that charity will cover them. How can I make it legally impossible for them to claim the body so they cannot assume that burden?

Question:
Ideally I would find a way that didn't leave a body, but I see no way of making that happen, plus lack of a body makes other issues much more difficult to resolve, plus the situation is going to be stressful enough and at least proof that my body exists will provide one element of closure. I don't care what happens to my body as I won't be using it any more - feed it to vultures, cremate it and scatter the ashes on the highway, I really don't care so long as my family doesn't have to pay a dime for the process.

(Also, fuck you to the people who won't let me sell my body. My family is *really* going to need the money, other families *really* need the organs and tissues, I don't want to live and am going to waste things that would help somebody who *does* want to live continue living.)

Answer:
 Please go to /r/suicidewatch

But you can donate your entire body to charity for free.Answer #2: >Also, fuck you to the people who won't let me sell my body. My family is really going to need the money, other families really need the organs and tissues, I don't want to live and am going to waste things that would help somebody who does want to live continue living.

Maybe instead of killing yourself, you should campaign to have Congress repeal or amend the *National Organ Transplant Act*. Answer #3: Please visit /r/SuicideWatch and/or call the National Suicide Prevention Lifeline at 1 (800) 273-8255.

It is possible to set up for your body to be donated.Answer #4: Please call and talk to someone.

http://www.suicidepreventionlifeline.org

I am sure your family would do anything to keep you around, and there are avenues of help out there for you.Answer #5: As many others are saying please visit /r/SuicideWatch and/or call the National Suicide Prevention Lifeline at 1 (800) 273-8255.

But, you can donate your body to science & organ donations. But depeneing on your method of dispatch this may not be possible. Frankly, even if you want to leave your body you need to do it carefully otherwise it cannot be used. If this plan works for you then write up something telling those you are leaving your wishes.

pm me if you need to talk to someone. I can be good at just listening. Remember, even if you feel death is the answer it rarely is.


Title: Burn victim needs help/advice

Question:
 Hello everyone. A year ago sept 10th i was involved in an accident that has left me with 3rd degree burn across half my body causing me to spend 78 day in a burn unit / icu and am now missing 3 of my 5 fingers on my left hand and the other 2 half missing and permanently bent and just completed surgery # 17 a few weeks ago with quite a bit more to go just to get to baseline and i can start work on cosmetic fixes and prosthetic options which will inevitably consist of more surgeries. Now that you have the background of the injury, my question is : Do i have legal grounds to sue Lunesta ( sleeping med comparable to ambien) on the grounds that the way i got burned : i took my sleeping meds like normal that night and apparently got up  in the night(sleep walking) and attempted to light a candle, in the process of trying this i caught on fire. Instead of waking up like you would expect , the way the drs explained it is that the sleep meds cut off my response top pain so i just stood there on fire until my family came(after hearing the fire alarm and searching the house) , found me , and put me out with a fire extinguisher. I still in a zombie like state said thank you and told them i was going to bed like nothing happened. they called 911 and i got flown to the hospital where i woke up a few days later with no clue why i was in the hospital with a tube down my throat and a ventilator breathing for me .

&#x200B;

What do yall think ? Please let me know if there's any info i left out that might be important i can fill in .
Topic:
Medicine and Malpractice

Answer:
 Bad news. There is a medication guide for lunesta is published by the company and easily available from the FDA (for free) that warns about possible side effects. This is the first line:

> What is the most important information I should know about LUNESTA?

> After taking LUNESTA, you may get up out of bed while not being fully awake and do an activity that you do not know you are doing. The next morning, you may not remember that you did anything during the night.

This warning is probably stapled to your bag from CVS or Walgreens. A variant of this warning may be stapled to the bag from CVS or Walgreens. The company can argue that information is made easily available and should be distributed with the prescription every time it is filled.

Of course, speak to a lawyer. Ask your local bar to direct you to someone working in med mal. But you will need to argue that you were unaware of the dangers even when the dangers are stapled to your meds once a month.


Title: Mid-30's - never selected for jury duty in my life

Question:
Should I just consider myself fortunate, or is there something I'm required to do to get my name in the system? Is it because I'm a renter who has moved every 1-3 years?

Current Location is NY.

Answer:
 Pulling numbers for google searches:

1. There are 200 million registered voters.
2. There are 32 million people selected for jury duty (though only about 1.5 million actually end up on a jury) each year.

That's roughly a 16% chance, during any given year, of being summoned for jury duty.

If you've been a registered voter since 18 and are 34, that's 16 years of never being summon. Assuming every registered voter has an equal chance of being selected, then there is about a 6% chance of going 16 years without being selected.

You might think that's low, but think about it another way. Out of every 100 registered voters, 6 (on average) will not be selected for jury duty over a span of 16 years. With 200 million such registered voters, then you're in a group of an expected 12 million people never selected for jury duty in the past 16 years.

I've never been selected (for a longer duration) and have only moved once since turning 18. When you're dealing with larges amounts of people, outliers like this should be expected to happen.

That said, it's probably not true that every registered voter has an equal chance of being selected. Some states may have a higher ratio of needed jurors-to-registered voters so the chance of being selected there is greater than in other states. Moving around might have something to do with it.


Title: Taking panoramic picture in neighborhood

Question:
I was standing in front of my house taking a panoramic picture that went all the way around, and a guy who lives few houses down across the street came and asked me why I was taking pictures of his family. He seemed upset and I can see why as I am a larger dark skinned man and his kids were coming out to play (Not insinuating anything racist). They are not in the picture and I explained what I was doing and apologized to him. Is it ok to take pictures like that or is it illegal?

Edit: Location: MN

Answer: People have no reasonable expectation of privacy if they are outside in an area visible from a public street or adjoining properties.


Title: Unemployment filing by former employee who voluntarily quit for a new job [NY]

Question:
Former employee ( worked 18 months full time) left on good terms and gave his 2 weeks. Said he found a new job at an insurance firm and told everyone that as well. He filed for unemployment from me several weeks later and I got denied for the first appeal and the only explanation they give is section  "593.1 Good Cause". I have googled the shit out of it and reading the million possibilities just confuses me more.

I called over the phone to get any help at all and they said I can come down to the office and look at the case file which I did. The only thing in there was showing that he worked for the insurance office for 4-5 days and I am assuming didnt get the permanent job.

If he legally deserves the unemployment I dont care and do not want to fight it and I keep saying that to them on the phone but they wont give me any information.

If he voluntarily left and the job is still open for him is he entitled to unemployment?

If he worked at a new job for a few days and they most likely didnt want him then why am I responsible for paying if that was after the fact he left .

Answer:
 ~~You are in the clear. If he appeals the denial continue to fight it. There is no room for "I'm out of luck and need money" in this process.~~

I misread the post. This is crazy. I would appeal again, and a face to face hearing would be best if possible. You should have no UI responsibility for somebody who quit.Answer #2: I had one of my employees do this. I wrote up a narrative that she had quit -- and honestly, it probably matched up with the payroll reports from the new job. I never heard another word about it aside from the fact that her claim had been denied.


Title: Damages to home

Question: I am 63 and receive in home care. Thursday morning I had a nurse come to my house to examine me. After she left I went to the store.  While I was gone another nurse tried to call me on the phone.  When I did not answer he sent the police for a wellness check. The police broke my front door and searched the house and then left. The nurse that called them is a member of a team assigned to me and he did not bother to check with the nurse that had just examined me. So who is liable for the damages? The home care for sending the police?

Answer:
 This is an interesting one.  Presumably, the home care employee and the police were acting in good faith, and would be immune to any liability.

However, calling for a wellness check and breaking down the door as a follow up to a missed call both seem a bit extreme.

I strongly suspect that they are not liable, and even if you could show that either of their actions were excessive, it would likely be cost prohibitive to do so.  I would probably just look into an insurance claim, or simply eat the cost if the repairs are below the deductible.  It is an unfortunate situation , but not necessarily a tort.


Title: I ordered a wiiu gamepad off of ebay, it came in not functioning, ive sent an email to the company that sold it to me, and they havent replied back over several weeks.

Question: [deleted]

Answer: if you used Paypal they have some warranty on transactions, but yes Ebay would be the first ones to inform.


Title: Estate planning to benefit disabled adult child.

Question: I am a single woman, sole (involved) parent of a disabled adult. I need to get my affairs in place to best benefit him when I pass. He receives federal and state assistance since he was fully disabled before the age of 18. These benefits come with asset limitations so I can’t just make him my beneficiary in my will. I need some kind of special needs trust that will protect him after I’m gone.  My question is this. Do I need to see a lawyer or a financial planner? If I need a lawyer what type/specialist? Appreciate any advice.

Answer: You need to see any Estate Planning attorney, and look towards a Special Needs Trust


Title: Resolved: [NJ] Simple Marijuana Possession in VA

Question:
Original post [here](http://www.reddit.com/r/legaladvice/comments/2m3gvc/nj_simple_marijuana_possession_in_va/)

Hi all. This situation was just resolved with the help of a lawyer so I figured I would follow up for the benefit of any future Redditors who may find themselves in a similar situation...

There's actually not a whole lot to tell; the end result was much more convenient than we could have hoped for....

Girlfriend retained an attorney in Virginia for $1200. Turns out he knows the prosecutor in the county where the offense occurred, so that was comforting to hear right off the bat.

Girlfriend's first question was "is there any possible scenario where I wind up going to jail, as is mentioned in the statute referenced on the summons?" He literally laughed out loud and promised her that if she spent any time in jail as a result of this case, he would stop practicing law and go live in a van down by the river.

The night before the court date (at which she wasn't required to appear since the attorney was appearing on her behalf), they spoke on the phone and the attorney explained that he had been going back and forth with the prosecutor... Apparently there was no precedent in the county for this specific case, and they didn't want to be too lenient since it could come back and bite them later on if a similar case ever occurred and they felt the need to prosecute more severely.

He asked what her preferences would be so he could negotiate accordingly, and she explained that a hefty fine/community service & a dismissal would be her first choice. He said that was a possibility, and that if he couldn't get it dismissed he could try getting the offense downgraded at least.

They initially wanted to take her license for 6 months (one of the normal conditions for getting the charge dismissed), but A) the attorney was basically just like "come onnnn, she works full time etc", and B) no one seemed to know if there was reciprocity between VA & NJ. So in the end they decided it was too severe/not worth it anyway.

Turns out their case was pretty weak due to the way the officer handled it; there was no roadside sobriety test, the substance he confiscated was never lab tested, and she was never booked/fingerprinted. So given all that, the scarier penalties mentioned in the statute were never even a remote possibility. The attorney explained that the officer of course would have known all that, and likely didn't bother because 81 is a huge drug trafficking route with much bigger fish to fry and it simply would have been a waste of everyone's time to go through that whole process.

**End result/TL;DR** They downgraded the original charge to a class 4 misdemeanor (the least severe category of misdemeanor in VA) equivalent to having an expired prescription bottle, and fined her $250 + court costs (approx $100). Everyone lived happily ever after.

Edit: grammar

Answer: Wait it's illegal to have an expired prescription bottle.  Everyone has those some people save them and reuse them.


Title: Apartment Complex charging for water/sewer half way through lease.

Question:
Raleigh, NC

About 4 months ago my apartment complex informed us that we will now by billed for water / sewer on top of our rent each month. I paid it and never really thought anything of it until they gave me the run around when trying to get something fixed.
I started looking over my lease and noticed that there was a section that stated water and sewer were included in my mentioned rent price, when I contacted the office they pulled my lease and called me back stating that I was indeed correct and they would credit me what was paid over the last few months and I wouldn't need to pay it for the remainder of my lease.

My main question /concern is that while I caught what they were doing, I'm pretty sure no one else have /will and I don't see them correcting it on there own with the other residents. Should I do anything else or just be glad I caught it for myself and take the credit and move on?

Thanks in advance.

Answer:
 ‘Ask’ your neighbors?

“Hey did they do this to you too? When I talked to them about it they said xyz and I just wanted to make sure it wasn’t just me.”


Title: Fired from job for past disorderly conduct charge for defending self from domestic abuse

Question:
Posting for my friend who does not Reddit.

My friend has worked as phlebotomist for the past two years at a world renowned hospital for the past two years and was fired today for an incident that happened in 2015.

For six years she was in a highly abusive relationship. On the night of the charge in 2015, the police were called to her house for a noise complaint. Her partner had been beating her and she threw a tablet (the only thing in her reach at that moment) at him when she was trying to get away. Both were arrested and charged with disorderly conduct. He was charged with 5th degree domestic violence. She told me later that she wishes she had never fought back and just let him do whatever he was going to do because at least she wouldn’t have gotten the charge.

He later received another domestic assault charge for assaulting her in early 2016.

She eventually got out of the relationship (after several concussions, broken ribs, and a cracked sternum) much to his displeasure. He still tries his best to manipulate her using their son or her friends.

In 2016 she landed her job at the famous clinic. It has been perfect for her: excellent wages, great benefits, decent shifts. In her two years she’s been promoted once and has been given a scholarship to go to nursing school, which she started this fall along with working full time and being a single mother.

A few months ago there was an anonymous tip called in to the HR department at the clinic that she had been arrested for assault and was unfit to care for patients. She was suspended with pay while they investigated. She provided all legal documents, including the arrest report from that night, and supporting documents showing the pattern of abuse. In fact, in the weeks since she’s been suspended her ex partner got arrested again for drunk and disorderly, though she had no part in that. Today she was informed that she provided insufficient evidence is fired from her job and no longer eligible for her nursing program. She is also barred from working with patients anywhere in the medical industry for the time being so she can’t apply for similar jobs.

Something else to note is that there was a full background check done on her prior to her hire in 2016.

There is an opportunity to appeal the decision but they said it takes around a year for the process.

What kind of options does she have?

Very grateful for any help.

Thank you for reading.

On mobile, sorry for bad formatting.

Answer:
 Did they ask about the incident when she applied? Did she properly disclose it?

I kinda get the feeling that this is more about not disclosing the charge on the application, where required, than the charge itself.


Title: [NY] My girlfriend has an abusive older brother, he has hurt her for years, and did it again today. I've had enough. Is it illegal for me to tell him that her and I will press charges if he does it again?(she agreed that she would if it happens again)

Question: Pretty much the title. She has been forced out of her home now for the third time in the last few years due to incidents with her abusive mother and brother, though the brother is the bigger problem. I'm trying to step in to put a stop to it. Is it illegal to tell him that my girlfriend and I will press charges against him if he puts his hands on her again?

Answer:
 No, it is not illegal to threaten to press charges if they are legitimate (meaning you have a good faith basis to believe he did the thing you're claiming).

That said, on a semantic level, you don't press charges. You call the police. The police may or may not make an arrest, and the prosecutor may or may not file charges as a result.

It is extortion to threaten to report him to the police if he doesn't pay you something/do something/not do something unrelated to the alleged offense. For instance, "pay me that $50 you owe me or I'm calling the cops about the domestic abuse" isn't lawful, but if your report to the police is consequent only to your good faith belief that he did the thing in question, you can tell him that.