Title: My Lawyer is trying to double his fee after knowing the outcome of my case will be favorable

Question:
As the title suggests, my legal matter that my lawyer is representing me on is drawing to a close. He met with the prosecutor at my last court date and discovered that one of two (both very favorable) outcomes will be decided at the final court date next month.

In light of this, and the fact that the other co-defendants in the case retained their lawyers at double the cost that I retained my lawyer for, he is now trying to also charge me the same amount. In the initial letter that he sent to me this is what it states:

"I have been secured on retainer to represent you in your pending legal matter for a sum of $xxxxx, which has been paid in full. The only way my fee would be greater is if something unforeseen happens or your case goes to trial."

The case is not going to trial. Based on this wording, I think he is banking on the vagueness of the "unforeseen events" clause. To me, the wording here means negative unforeseen events that would incur extra time/effort on his part and warrant additional fees.

The only "unforeseen" event that happened during my case was the fact that the prosecutor originally assigned to my case was promoted, and a much more lenient prosecutor took over. This is no doubt the reason my outcome is going to be so favorable, not because of any extraordinary work my lawyer did.

What is my recourse here? Does my lawyer have valid grounds for doubling my fees? I want to fight him on this, but I also have one more court date and I don't want to cause any bad blood that could negatively affect my outcome.

Edit: this case is taking place on Connecticut and is a criminal felony possession case.

Answer: What exactly did the new letter say? I'm suspect to believe that you're actually on a retainer or a hybrid fee agreement, especially since you've paid less than the going rate in your area. A lot of times lawyers charge a retainer that might as well be a flat fee because they've estimated the time spent to be slightly over the retainer (like the amount of time it would take to get a plea deal) but won't charge you the extra unless, like the letter says, there's some unforeseen events or the case goes to trial. Answer #2: Has demanded more money? You can ask him for an accounting/invoice. You can dispute it after your case is settled if you are worried it will cause friction. Answer #3: Wouldn't this make the fee, the hourly fee not the total, contingent upon the disposition of the trial? If so, and this is a criminal matter, I assume that's a pretty big violation of the bar's ethic code.


Title: Live in TX, getting sued by creditor in NV.

Question:
I live in Texas and have lived here for about 9 months. Before that I stayed with family in Nevada for 1 month after leaving Florida. Now I've just learned that a creditor is suing me in Nevada for an unpaid debt (I don't recognize the debt).

What should I do about this? They've already tried to serve me in Nevada, but my family told the person serving papers I didn't live there and didn't tell them anything else. They've filed an affidavit of attempt to serve with the Nevada courts and the case is still open.

Answer:
 Get a copy of the paperwork. What's on it will determine your course of action.

If anything, you may have an "improper venue" defense depending on a number of factors.

Usually I wait for folks here to respond, but if you don't get any help check out creditboards.com. They have a "Help I've been served" section that's great for stuff like this.


Title: Can't get ID without birth certificate, and I can't get my birth certificate. Help please

Question:
Hi Reddit. I couldn't figure out where else to ask this so I figured this would be the best place. Now here's my dilemma: I'm 16 and I need a state ID or licence to get my GED. I need an original of my birth certificate in order to do so, but all I have is a scanned copy and my social security card. I've exhausted every resource I know to try to get it but my family is too spiteful to give it up and I cannot get it anywhere else. The last person who had custody of me was my aunt, who then sent me a letter in the mail saying that she has resigned guardianship of me. Please advise me in what to do
>>edit: I am located in Titusville,Florida

Answer:
 Are you in the US? What state are you in?

Contact the health department for the city or county where you were born. Failing that contact your state's Department of Health. They should be able to direct you to the appropriate place. You may have trouble getting a copy without ID, though, since anyone could walk in and say they're you.Answer #2: A letter in the mail saying she resigned guardianship of you? I don't know where you live, but wherever it is that is very unlikely to be legally sufficient. Do you have a copy of the order the judge signed granting your aunt guardianship? She can likely pick up a copy if she goes in with the order. If she's not willing to do so, you still have options! There are online services like VitalChek that allow you to order copies online, however they usually only provide a short-form version. Some courts will allow you to request a copy by mail directly from the court, however you usually have to mail in the request along with a notarized declaration, so you'd need an ID sufficient for a notary, which is at least a lower bar (depending on the notary.) Even if you get the birth certificate, at 16 you may need your guardian's signature regardless to get a state ID or license. Where are you located?Answer #3: Are you saying that you're 16 and your last known guardian is trying to deny guardianship? Call CPS. Report your family, and get a new guardian who can help you straighten out your paperwork.


Title: [Toronto, ON, Canada] School trying to deny my admission to an event held by my co-op placement

Question:
I go to a high school that's part of the [TDSB](http://www.tdsb.on.ca/), and I'm part of my school's co-op program. The company I'm placed at is holding a christmas party next week at which we'll be travelling off-site and going to a shooting range, then elsewhere for dinner.

Through events I wasn't aware of until yesterday, the director of the school's co-op department was notified of said christmas party and has informed my parents of the likely outcome (which ends in me being denied admission), since the decision is now in the hands of school (and potentially school_board_) administration. My parents are completely okay with my attendance and have agreed to sign the release forms, granted the school allows me to go.

Is my school allowed to bar me from this event? I personally don't believe they are as the event takes place outside of my allocated co-op hours as well as outside of company hours and thus is not school-sanctioned.

If it is within the school's jurisdiction to do this, are there any ways around it?

Answer:
 I am not a lawyer, so I can't advise you about the legality of this.

But I am a parent of a kid in an Ontario public school.  I have been appalled at the extent to which her school has felt they get to be in charge of decisions that I feel are mine as her parent.

I wish you luck in pushing back against the school about this.  I suspect they're worried about liability since it's a shooting range.  It may be that all they need is for your parents to sign a legal waiver that this is not a school-sanctioned activity (unlike your co-op placement), and that the school isn't liable for anything that happens.


Title: PA - Emotionally Abusive Spouse Trying to Force Reconciliation

Question: [removed]

Answer:
 This is not advice she got from a lawyer - this is yet another emotionally  manipulative tactic.
You left her, and you stayed in touch to ensure communication on matters of mutual importance.

You cannot be legally forced into reconciliation.

You may find that you are required to go through mediation, but this mediation is only intended to find an amicable manner of dividing assets.

Talk to a lawyer, sure - find out how much it will cost to file for divorce.
And do so ASAP.


Title: [US-CA] Employer responsible to accommodate Parenting Plan?

Question:
I work for a business in California, US.  I was just recently given the responsibility of scheduling for all of our business's staff.  When we hire staff they are made aware that we have round the clock hours and they need to be very flexible to work any hours and there is no set Mon-Fri 9-5 schedule here.  After creating a workable schedule that works for the business in the most economical sense and makes sure all the staff will be fairly satisfied (hour wise) one of the staff members made me aware of a parenting plan that they have with their ex-partner that they need to stick to for timing and the new schedule does not work for them.  This is definitely outside my realm as to what I should or should not say or do going forward since this would be the first time I've ever had to handle a situation such as this.  From an HR/Legal standpoint am I responsible to accommodate this staff member's parenting plan (court document?)? Or is it the staff member's responsibility to work it out on their own?  This would affect all my staff and makes a difference if I have to re-work my entire scheduling based off one staff member out of many if I'm responsible to accommodate their parenting plan.   I do know that we have several other staff who have to deal with custody and they have not mentioned anything to me so far.

Any help is appreciated.

Answer:
 The custody order grants rights and responsibilities only to the parties of the custody order-- namely, the parents.  It has no standing to make orders that bind or encumber anyone else that is not a party to the order.

Whatever the custody order says, you as an employer (or HR representative) are under no obligation to accommodate the parenting schedule of your employee.  It would be great if you could, but the court order obligates the other parent to make the child available during that time, not you to make sure your employee is also available.

Basically, if the hours you assign your employee don't fit his parenting schedule it's his (or her) responsibility to work that out with the other parent (to trade time), to find a new job, or go to court to have the parenting schedule changed.


Title: I was intimitated into writing my resignation after being falsely accused of theft.

Question:
I work for a national company in Britian. I was an apprentice and have worked there for the past 8 months. I am a twenty one year old girl with not alot of experience. Yesterday, without a single clue as to what was going on, I was called into the office. This was not by my on site manager but by a higher up "suit" who had been around the past couple of days talking to other members of staff.

We chat casually, he begins to ask me a couple of questions, again me completely unaware as to what is going on. Eventually he asks me - "why do you think someone would steal? What could be a motive? What might they spend the money on?" I was completely taken aback. I replied that I wasnt sure and that I presumed because they needed the money. They could spend the money on anything I suppose. At this point the penny has dropped as to why he was here.

Fast forward an hour. I am called into the office again. This time with my on site manager who looks grim. The suit explains that 100 quid has went missing from the till. The till that I cash up every night. (every member of staff has access to the till). He tells me that its odd timing for money to disappear in the company of a young girl with rent to pay. Bills and food and a phone bill to cover. I'm so young and an apprentice, it must be hard making ends meet. He then goes on to say that I appeared to be dodging the question when he asked me why someone might steal and he wasnt satisfied with my answer. At this point I begin crying, trying to explain that I didnt even realise what was going on and that i've never stolen a penny in my life. I am absolutely mortified. He then hands me a pen and paper and tells me I have two options. I can willingly write my resignation which he will happily accept, or I can stay and he will take me through disciplinary which will forever leave a stain against my name. It would make it hard to gain employment. write my resignation and it would be the cleanest break for me. I at this point was hysterical. I wrote my resignation at the suits instruction (I have never written one and did not know what to write). I was then marched out of the building in floods of tears past all of my colleagues who now believe me to be a thieft. What can I do? My head is now cleared and I dont feel like anything that occured is right. I know I have not stolen a single penny and they have not one shred of evidence to say that I did.

Answer: The problem is that you haven't been sacked, you've resigned. The time to argue about it and refuse was when you were in the office. You could look into constructive dismissal, but I'm not sure of the ins and outs (how long you had to have been working there, etc). The best thing todo would be to put it behind you, learn not be so naive and look for another job.


Title: U.S., Georgia: Ex-boyfriend refusing to pay for damages

Question:
My ex-boyfriend showed up drunk and uninvited at 1 a.m., pushed his way into my home and refused to leave. He wouldn't call an Uber or a taxi. He wouldn't let me drive him home. He ended up vomiting and defecating messily in my half-bath, grabbed my genitals, then passed out on the floor, and defecated on the carpet while he was asleep. In his sleep, he got his foot in it and smeared the feces on the wall, the bathroom door, the cabinet, and the adjacent cat tree. At some point he woke up and moved to my couch, getting dried feces on the floor, the couch, and a new blanket.

The blankets cleaned up in the wash. I'm replacing the couch today for $100. He paid to have ChemDry come in and clean the carpets. But they were unable to get the stain all the way out. It's stained yellow, and my rental company - understandably - does not want a human feces stain in the carpet. He had offered previously to replace the carpet, if necessary. But he is now refusing, and telling me that I'm not being fair. I just want him to replace the carpet in my small townhouse living room (maybe 20 feet by 10 feet? No irregular corners). Nothing else. If he does not, I will lose my $700 deposit and have to replace the carpet when I move in May (anticipated, not certain). I'm a single mom (my daughter wasn't home, or I'd have immediately called the police) with no help from anyone, and not a woman of means.

I have some photo and video from the night, but I'm not sure how useful they are. I wasn't thinking in terms of legal pursuits at the time. I was just thinking, "This is insanity. No one will believe this happened." I also have some messenger conversations in which he apologizes and says he'll replace the carpet.

Do I have civil remedies available to me? I was thinking small claims court, less than $15,000. I can't afford an attorney, and he most definitely can.

Do I have criminal remedies available to me? It's been several weeks, but again I have the above "evidence" and I was thinking O.C.G.A. 16-7-23 - Criminal damages in the second degree; or O.C.G.A. 16-7-21 - Criminal trespass might apply.

Side note: We work at the same university. He's two tiers above me, but in a different division.

Thank you for any advice you can offer. I'm grateful.

Answer:
 You can sue him in small claims court. You also can (and should IMO) report this to the police because he committed at least two crimes.(trespassing and assault)Answer #2: I don't see why your daughter's presence makes his less acceptable to you, that is, why wouldn't you call the police for your own benefit that night?

That being said, yes, talk to police and look into small claims. Maybe you can also talk to the guy first and ask him to replace the carpet as a kind of "settlement" so that he avoids talking to the police about his activities. That might get him to see the benefit of resolving this. (of course, only do that if you really are willing to give up on going to the police over this).


Title: [WI] Is keeping my dad's biker vest a risk?

Question:
My dad was a legit outlaw biker. He was a member of a club that had wars with the Hells Angels and had the national leader on the FBI most wanted list.

He was killed last year in a motorcycle accident. His 'brothers' gave me his vest with the patch and all that. I have kept it in my closet with a few of his other things (pictures, birth certificate, military records).

My girlfriend found it when cleaning and wants me to get rid of it. She thinks it's a risk I own it. I own a motorcycle and a gun (legally). The only 'criminal' activity I do is we possess and smoke a little amount of marijuana (still illegal in Wisconsin). But I never wear the vest or hang out with the 'brothers' or affiliate with them. Seeing them at the funeral was the first time I had seen them in a decade  probably. Girlfriend is afraid we will get raided by the police and I'll get sent to prison for a long time under a RICO thing. Is this possible?

Answer:
 She's crazy. It's a jacket.Answer #2: It's not illegal to own an article of clothing. The patch is the club's property, the brothers gave it to you to keep, it's yours. That said, wearing a patch (or a rocker) that you have not personally earned would be unwise in the extreme. You could probably talk your way out of harm from your dad's own chapter the first time, but the local constabulary might want to have an extended chat with you about your choice of friends. I wouldn't make it a regular fashion statement.

My views on the club aside, if you were the type to want that sort of thing framed, the result *would* look pretty impressive on the wall.Answer #3: Your girlfriend watched too much sons of anarchy. As long as you do not start wearing the vest you should be good. Keeping it in a closet or display case is fine. Answer #4: Don't throw it out. And if you think she will throw it out, get a safe and lock it up! Answer #5: >  She thinks it's a risk I own it.

A risk of what, exactly?

>Girlfriend is afraid we will get raided by the police and I'll get sent to prison for a long time under a RICO thing.

For owning a jacket?  Your girlfriend needs to watch less crime dramas.Answer #6: FYI, if you actively use illegal drugs (such as marijuana) then you do not legally own a firearm. You are considered a prohibited person and are committing a federal offense. Answer #7: I'm surprised they didn't bury him in it...


Title: Bank answer to HOA foreclosure lists extremely old/incorrect mortgage note

Question:
I recently had a lawsuit of foreclosure brought against me by my HOA in ohio.   I have already settled by paying in full, and have confirmed with the HOA lawyer that the lawsuit is being dismissed.  Its a long story, and not really relevant to my actual question.

During the process of the lawsuit, a lawyer for the bank sent an answer to the lawsuit citing it has a valid first mortgage.   What is interesting about this, is that the mortgage listed is from 1994 (I bought my property in 2005) and the names on the mortgage from 1994 are of previous owners (not even the owners who sold the property to me)

Does this have any ramifications?   I read articles in the distant past that seem to imply that if a bank can't provide valid paperwork that it owns your mortgage, there are serious repercussions in situations of property dispute.

I'm curious what people here think with regards to an academic discussion.   Like I said, the lawsuit has already been settled with the HOA.

Answer:
 It sounds like the people on that mortgage didn't pay it off when they sold the house (as they should have done). You may, as a result, not have clear title to your home which would definitely come back to bite you if/when you try to sell the place.

You need to get an attorney, a title search, and possibly a lawsuit to quiet title ASAP.


Title: [Ohio] Dealer is trying to prevent me from purchasing a particular used car and I'm suspicious as to why.

Question:
I found a used car I liked priced around $17,500. It was a 2018 model and had around 5,000 miles on it.  It was a great price, but had been at the dealership for 112 days, so I thought I could get them to move down even further with the price. I went to test drive it, and the salesman said that $17,500 was the out-the-door price. I thought this was an excellent deal, so I told him I won’t ask for a price break and will purchase at the asking price. I asked him to run the numbers based on a $3500 down payment and calculate my monthly payments for financing at 60 months. He came back from the financing desk with a piece of paper that had $480-$490 written on it. I was told this was at a financing rate of 7.7% (they had yet to run my credit to lock down a rate). This was well in excess of what I calculated the vehicle should cost: about $282 a month. Before handing me the paper, the sales rep told me to just walk out, because these people did not want to sell this car and were intentionally screwing me over, with no further explanation.

I quickly calculated that they had to add $10,000 to the out the door price to come up with such a high monthly cost. We asked for a breakdown of the pricing. The sales rep went the desk to ask for this and came back saying they refused to provide it. My friend who was with me then started saying “oh, we will contact the Better Business Bureau” and they still did nothing. He then mentioned contacting the Federal Trade Commission and state Attorney General, and they finally told us to hang on and went to get us a breakdown.

They came back with a breakdown at the original sticker price ($17,500) but had added sales tax and fees, so it was now $19,905. Let me be clear…I originally expected taxes and fees to be a part of the purchase. But the sales person told me that based on the website advertisement the $17,500 was the out-the-door price. They also told me they wouldn’t run my credit through their financing system (to check with various banks for the best rate, as they typically do) and if I wanted a competitive financing rate I could go through a credit union (mind you, this was 8PM and banks were closed).

The sales rep pulled us out of ear-shot of the others and said the reason they were being difficult with this is because this was an early return on a lease (returned after 6 months) and they were facing an $8000 loss on this vehicle if they sell it at the sticker price. I asked why it was even listed if they weren’t planning on selling it, and why they wouldn’t want to sell it now instead of bringing it to auction where they’d get even less (I was flabbergasted that it hadn’t been sent to auction after 112 days as it was) and he said he didn’t know.

So I have a few questions: Can they deliberately make it prohibitively expensive (compared to the advertised price) for me to buy a car because they don’t want to sell it? Can they deny me the financing options they give everyone else because they don’t want to sell the car? Is there some nefarious reason why they would be doing this? It seems really off to me, really shady, especially as they seemed to finally budge when my friend mentioned the FTC and AG. Could they somehow be benefiting by keeping it on hand? And could their reasoning be unlawful in some way? I’m wondering if it was a repossession and they can continue charging the original lease holder while they have it in inventory or something.

Answer:
 They don’t have to sell you the car, period.

>My friend who was with me then started saying “oh, we will contact the Better Business Bureau”

 Your friend sounded really foolish and uninformed.

 You should have gone there with financing already worked out. If you want a better idea of the inner mechanizations of the dealership in relation to your ordeal crosspost to r/askcarsales.


Title: Service animals vs emotional support animals in housing?

Question:
I posted a similar question in real estate, and I figure I'd see if any lawyers have any experience.

I am a landlord with 4 buildings, so while I have not run into this yet, I'm positive I will soon. I bring this up because i have a friend who got a german shepard, and due to difficulty finding housing, he has now gotten a doctor's note that he has depression/PTSD and he got his dog certified as a service dog. He then told me that he is totally golden, and that no one will ever be able to refuse him a unit.

I have been reading up on the laws, but since IANAL I am not sure if I am interpreting them properly. Has any lawyers had any experience fighting for or against tenants with service dogs/emotional support animals?

I want to clarify that I am NOT referring to seeing eye dogs, seizure detecting dogs, etc. I am referring to the grey area of animals that offer "emotional support" to people with mental disabilities. Dogs that have not been sent from a service provider, and are not specifically trained to help its owner in any way other than just provided regular doggy comfort.

Answer:
 >he has now gotten a doctor's note that he has depression/PTSD and he got his dog certified as a service dog.

Almost certainly he is incorrect.  It is not a service dog.  A service dog is as you described later in your post.  Seeing eye dogs, seizure detecting dogs, etc.  He has an emotional support animal.

Now, emotional support animals are a thing.  I get that.  Plenty of people are helped by animals.  That being said, all too often on this sub we'll get a poster saying:

>"I live in an apartment, I adopted a walrus.  My lease says I'm not allowed to have tusked animals.  So I went to my shrink who signed the paper saying I need Fluffy so I don't kill myself.  Can I force my landlord to let my walrus live here?"

The current way emotional support animals work is a double edged sword.

As a landlord, you do need to make reasonable accommodations.  Now, in real life a walrus wouldn't be reasonable.  But if a tenant has the proper paperwork, you must allow them to have a dog.  As long as allowing it is reasonable.  You can charge a pet fee/deposit.  But you can't kick them out if it is a legitimate emotional support animal.

Lastly, since you are a landlord, I'd suggest you hire an attorney.  Having one available to look over your lease, ensure you're in compliance with local laws, and giving you advice on if a walrus does indeed qualify as an emotional support animal, is extremely valuable.


Title: 2nd offence, broke probation

Question:
Greetings,
I am a college student in Delaware US, I have recently been arrested for under age consumption & public intoxication. I am also on Probation before Justice(6 months)for being arrested for possession of marijuana & under age consumption. However, my most recent arrest was within the 6 month probationary period. My question is, should I spend the money on an attorney? I realize that since this is my second offence I will be punished more severly, but I don't if I'll recieve an outrageous ticket or community service. My court date is mid-dec so any advice or info asap would be appreciated.
Thanks

Answer:
 > My question is, should I spend the money on an attorney?

Absolutely

>  but I don't if I'll recieve an outrageous ticket or community service

If you violate your PBJ, then you lost the ability to avoid a conviction for your 1st offense and will be convicted & sentenced for that one, as well as the new violation.  You could be looking at actual jail timeAnswer #2: Yes, you should. You likely will be facing all 4 charges now that you screwed up. Stop getting caught drinking underage and talk to your parents about a lawyer.


Title: [WISCONSIN] Is this grounds for a restraining order?

Question:
My ex-fiance, and my daughter's father, and I do not get along. We were never married, and shared custody of our daughter since we lived together, so we never had any legal separation processes since we were able to agree to a fair (50/50) schedule for our daughter.

&#x200B;

Recently, the verbal abuse has been getting worse. I experienced it during our relationship, along with some unreported sexual abuse, and it was what lead me to leave him. I dread him messaging me because it will very quickly devolve to him insulting and berating me, causing a lot of anxiety on top of what I experienced from our relationship (which was documented during my individual psychotherapy sessions following our separation).  I refuse to answer the phone when he calls me, because it will generally result in him shouting at me and becoming verbally abusive quickly, then blaming me for his outbursts. Most of our correspondence is in the form of texting/messaging, or relaying information through our child's grandparents, who know of the situation. During our last correspondence though, he threatened to come to my house, and ended it with repeatedly telling to kill myself and hoping I die in my sleep. Is there legally anything I can do to reduce the amount of contact he can have with me?

Answer: Save all the texts, make copies on different devices so that do not get ersed/lost, file a report with police.Texting or email helps keep a paper trail so if it keeps escalating it will help with getting a RO. Wisconsin is a 1 party consent recording State, when you are part of the conversation you can record it with out letting person know. Do this on any phone calls.


Title: Bought a DP helmet in Oct. '12, never received it. Sell won't refund me. Bank cannot help me. I have trans # of purchase and screenshots of advertised product. How can I receive my money back?

Question: Back in Oct. of '12 I bought a Daft Punk helmet from Etsy for $1550. The product description said allow 10-12 weeks for production. I have been giving him the benefit of the doubt through constant updates which I still have in conversation on Facebook. he blocked me and I cannot reach him. I live in San Jose California and he lives in Wisconsin. I heard from another buyer he has never received his helmet and that the seller is a scam. Am I still possibly able to recover my money or has too much time passed? any advice / help would be appreciated. I have the sellers full name and address as well.

Answer: You can take him to small claims court in Wisconsin. Only you can determine if your visit is worth the $1550.


Title: Accidentally stole in a Shopper's Drug Mart (ON,CA)

Question: Hi y'all. So I just came home from Shopper's Drug Mart, and noticed that I had an item I did not buy in my bag. I'm getting a bit paranoid as the store did have quite a bit of cameras and I payed using my credit card. My question is mainly how I should proceed in this situation. Should I go back and explain the situation and pay for it? Is there any way they (the store), can check my credit card to track me down? I know that sounds bizarre, but I did purchase other items and I'm scared they can identify me using my credit card by calling my credit card company. I'm just a student and any legal trouble can screw me over. Is there any way they can get the police involved immediately? I live quite a bit aways from the store, so I would not be able to go back for a few days. As I mentioned in the title I live in Ontario, Canada. I appreciate any help. Thank you!

Answer:
 I personally wouldn't worry about it. Not that I condone theft but I think if they were going to notice and want to do anything about it, they'd have noticed right away and stopped you from leaving the store.

I'm not sure if the laws regarding this have changed since it happened to me but I also live in Ontario and was charged and convicted for shoplifting many years ago when my toddler grabbed something without me noticing. She was a toddler in a stroller and as soon as I left the store, I noticed she was chewing on a $1 pair of kids sunglasses. I immediately went back in and explained AMD regretted it ever since. I was detained and both my daughter and I were strip searched. Just a warning. I think it really depends on the people you encounter.


Title: [CA] boyfriend kicked me out of our rental home and won’t let me take our daughter

Question:
We are both on the lease, we got into an argument and he locked me out of our house. Would not let me back in and won’t let me take our 18 month old daughter to my sisters house in the same town where we all live.

Do I have any legal recourse outside of starting a lengthy custody battle ?

Can he just kick me out when I’m on a lease and tell me I need to leave when he is the aggressor?

What of my belongings and furniture?

I want to be smart about things and go about things the right way; can anyone share from personal experience or shared experience of a friend or loved one on how to handle this situation?

This relationship is over and I’m just ready to move on with my life but need to know the best way to go about it. He is not going to want to break up but the relationship is abusive and I want out.

I feel like I’m being bullied and naive because I don’t know what to do. He has experience having been through a custody battle that he lost previously.

I’m worried that by kicking me out he will have advantage over me since it’s going to take me a while to get back up on my feet again after having just moved here into the house less than a month ago, I’ll have to move again, won’t get my deposit back, will have to get a new job, and fight for custody from another County. All while he won’t let me see our daughter or reply to text message or phone calls in relation to her.

Staying with her dad is not in her best interest, he oftentimes even loses his temper with her where I need to take her from the room. I can’t see him and don’t trust him to take care of her full time.

TLDR on the lease abusive boyfriend kicks me out of shared home and kept me from taking my 18 month old, what are my rights?
Topic:
Custody Divorce and Family

Answer:
 He cannot lock you out whil eyou are both on the lease. You can call the police if you like and they should inform him that his lock out would constitute an illegal eviction and he has to let you stay at the house.

If you are leaving you can request a police escort to get your belongings.

He has no obligation to give you any access to the child. The police won't help you there. You can file for custody and sort that out in family court.


Title: Custody advice

Question: I am the mother of two children, ages 3 and 6. I recently divorced my husband in February of this year. I did everything the wrong way with my divorce and put myself in a position where I have to live with my ex because I can’t afford to live on my own. I am a full time nursing student and a full time vet tech. I will be graduating in one year. He is active duty military.  He currently has 51% physical custody and I have 49%. Is there any way I can take him to court when I graduate and get full physical custody? I will be wanting to move back home after I graduate since all of our family is there, including his side of the family. I live in a state that is extremely expensive and nearly impossible to get a new RN job right after graduating. Financially this is the only way for me to survive.  Do I have a fighting chance to get full custody, or would it be more trouble than it’s worth?

Answer:
 Full custody generally implies that one parent either does not want time with the children or should not be granted time with the children.  Absent either of those, it is in the best interest of the CHILDREN to have time with BOTH parents.  Not only that, he currently has majority custody.  The court will likely want to stick to the established status quo unless you can show good cause for why it should be flipped.  Wanting to move the children away is usually the opposite of that.

Since any move you make will be far enough away that regular shared custody will no longer be possible and will be out of state,  if he fights to keep the kids in the state, expect him to win.  He has just as much right to time with his kids as you do.  You can't deny him his right to actively parent his kids because it is inconvenient for you.  That's not fair to him, but more importantly, that's not fair to your children, who deserve the chance to form meaningful relationships with BOTH parents if possible.

Now, if he is significantly absent for a time, such as during a deployment, you likely would be able to make the move.

The flip side of this is that HE ALSO cannot just take the children away from you, which I think is very important in this case as he is active duty military.  How would you feel if he was stationed overseas and suddenly uprooted the children and took them abroad?  That would suck, right?  Well, much like in your case, you would have the ability to state your case to stop your children being moved away from where you can consistently parent them.


Title: A couple of thousand dollars was confiscated from my home by police when they arrived with a warrant for my dads arrest, how do I get the money back?

Question:
This was back in April.
The police gave me a receipt saying that I needed it to get the money back.
Our lawyer is saying that he can get the money back but that he has to get a certain percentage of the money in exchange.

My question is, can I just fill out a some sort of form and submit it to the LAPD and provide the receipt they gave me during the raid and get my money back entirely rather than my lawyer doing what he suggested?

Answer:
 You first step should be to contact the police department that gave you the receipt, and ask about their process to recover confiscated assets. It's possible they will work with you... but....

This is likely to be an uphill battle. Civil Asset Forfeiture is a big business for many departments. Your cash is long gone, and about the only way you'll get it back is through a trial to prove that it's innocent money.

Unlike people, property does not enjoy the "innocent until proven guilty" standard. You will have to show, somehow, that the money is not in any way related to some kind of illegal activity. Since virtually ALL bills are contaminated with drug residue, all they have to do it test it for cocaine, and it's suddenly drug money. Or they could say it's proceeds of some other crime, indirectly accusing you of whatever and it's up to you to prove they're incorrect.

An attorney MAY have some success navigating the complexities of this kind of asset recovery, but it won't be cheap. Depending on how much it is, it may or may not be worth the effort. If the lawyer is willing to do it on a contingency great, because something it better than nothing.


Title: [Minnesota] "Searches" at the beach

Question: [deleted]

Answer: Sounds like they did you a big favor instead of just getting you arrested.


Title: Is the "Poor-Man's Patent" a good idea for a 14 year old looking to put his video game out into the world, but doesnt have alot of money? [CA]

Question:
TL;DR i wanna make a cool video game but im broke

Hi r/legaladvice, There is a video game i have been working on for around 3 months (development wise) and i'm planning to release it when it is completed. I am a minor, and i do not have thousands of dollars to use towards patenting, trademarking, and copyrighting my idea. What do you suggest i should do? I've wanted to make this for so many years, and am super scared someone is gunna patent or copyright my idea before i have enough money to do it myself.

Answer:
 You probably can't patent a video game, and copyright is automatic.  It costs about $35 to register your copyright if you want to do it.  https://copyright.gov.  Copyrights do not protect ideas, just the expression of the idea.

Trademarks are separate, but if you choose a strong, unique name, you should be ok waiting on that.


Title: Simple Indecent Exposure? Cause for restraining order? (MI)

Question:
NSFW

I am writing this for a family member. Fellow family members may be redditors, so I’m going to try to be as vague as possible while answering questions to the best of my ability.

Her father took her to a private place and pressured her to take off her bathing suit. He took off his suit and became erect. All the while, starring intently at her. When she confronted him and told him how uncomfortable she was he would say that he isn’t doing anything wrong, that he was only looking, not touching. Other family members know of the incident, and are looking the other way. When she brought it up after the #metoo movement surfaced, he told her not to look at it negatively. He tried to put me in the same situation, and I put my foot down. I refused. So I can attest to this being of his character, if it’s a matter of proving that this happened at all.

From my research, I want to say this is (simple) indecent exposure at the very least. Is it? If she were to press charges could she charge him with anything else? Is there a statute of limitations on indecent exposure?

Her mother is trying to get her to forgive him and spend time with him. (On a side note, he’s verbally abusive as well.) Is this enough grounds to get a restraining order? Her mother can’t wrap her head around the fact that her daughter doesn’t want to be around him.

Answer:
 Is she a minor? If so that is "Child sexual abuse", which can be defined as :

Child sexual abuse, also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whether by asking or pressuring, or by other means), **indecent exposure (of the genitals, female nipples, etc.)**, child grooming, or using a child to produce child pornography.Answer #2: Can you clear something up.  The father and adult aged daughter went somewhere and got naked....why?  I’m having a hard time understanding what led up to them both being in the same place and both being naked at the same time.  Thanks.Answer #3: Why didn't she just leave said sauna?Answer #4: So both people went to a sauna together and voluntarily took off their clothes, and dad became erect. I would think it would be difficult to prove indecent exposure, because nudity is par for the course at those places.

That being said, dad is fo sho a creep. My advice in supporting her would be to encourage her to seek therapy, and advocate on her behalf with the family members. If the family continue to pressure her, she should seek out a lawyer to write cease and desist letters to the whole lot of them.


Title: Mother-in-law's 5 year houseguest/resident alien from another country is now accusing my MIL of stealing jewelry and refuses leave her home unless she "gets her property back"

Question:
My mother-in-law is the nicest person in the world. She allowed a distant family member from Mexico to come stay in her home 5 years ago and the women never left. Come to find out, the woman has 9 children who do not want her either. She's worn out her welcome with everywhere and with everyone for one reason or another. After over 5 years of living rent or bills free with my MIL, this woman suddenly accuses her of stealing a bag of jewelry and cash. The woman was already generally unpleasant. She wore out her welcome long ago and I think she knows it and I have no doubt that this is some sort of manipulative stunt. My husband and his siblings had a talk with her and gave her 2 weeks to move out since she insists on making my MIL uncomfortable as possible every single day now. She refuses unless she "gets her property back."
What can be done to remove her from the home especially since she's been there so long now?

Answer:
 She needs to give written notice to vacate and if necessary, start a proper eviction.

The amount of time required for notice depends on the specific location.

As far as the theft accusation, the threat has no teeth until the theft is reported to the police.  If it is, your MIL should probably retain an attorney.  Answer #2: Assuming you're in the US, we need to know what state you're from. If I had to guess, your mother is probably going to need to go through the eviction process. However, states (and counties or cities) all have different landlord-tenant laws which will change what that process is and how guests are treated in it.

Answer #3: Is the freeloader in the U.S. legally? If not, your MIL might want to contact INS in addition to other routes (notice to vacate, followed by eviction proceedings). If freeloader is there illegally, they might find themselves unable to show up for the eviction hearing, leading to a default judgement in favour of MIL.


Title: (Texas) [UPDATE] Employee misclassification at workplace, changes occuring

Question:
[Original post here](https://www.reddit.com/r/legaladvice/comments/3bmu7d/texas_my_employer_is_refusing_to_pay_time_and_a/)

Basically, I'm in my last couple of weeks working at this software company (have not yet given my 2-week notice) and am planning on filing a misclassification report to the TWC. Today, however, I was informed of some changes to the classification of contractors.

I was told today that all contracted employees are being transitioned to "exempt temporary employees," basically meaning I keep my $15/hr wage and won't have to withhold my own taxes. My only problem is, after doing some research, is that employees working with computers is entitled to

>(a) The employee must be compensated either on a salary or fee basis at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour; - See more at: http://www.trinet.com/resources/industry_articles/exempt_vs_nonexempt.htm#sthash.lY1GsAFM.dpuf

for services that include

>The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; - See more at: http://www.trinet.com/resources/industry_articles/exempt_vs_nonexempt.htm#sthash.lY1GsAFM.dpuf

My position is Quality Assurance (software testing) and yet I am now being categorized as exempt at $15 an hour? Am I missing something, or am I *still* being misclassified? If so, do I need to report misclassification as a contractor *and now* misclassification as an exempt employee?

Thank you in advance for any advice.

Answer:
 Yes, you're probably still misclassified.  The difference is now it's on the exempt/non-exempt issue instead of contractor/employee.

Based on your descriptions in the last post and this one, you're not paid enough nor do your responsibilities justify an OT exemption.  You can report this along with the other issue if you have unpaid overtime you're owed.


Title: Do I have to pay for an electric bill that was opened in someone else's name for my apartment?

Question:
My electric bill is auto-drafted out of my account each month. Yesterday, I realized that I couldn't remember the last time I received an email from my electric company confirming payment, so I logged on to check it out.

Turns out my last bill was in August. So I call my company to figure out what the issue is, and they inform me that their notes say I moved and canceled my plan with them. Odd, considering I had not moved or canceled and three months later my lights are still on.

Anyway - after several phone calls to a couple different places, it turns out that someone else set-up an account with a different electric provider for my apartment. They provided me with the name, and it was not someone I know.

So this random person has been paying my bill for the last three months. Most people would probably say "Cool!" and move on with their lives, but because I'm a believer in these types of things catching up with you, I called the other electric company to inform them of the error.

Afterward, I was on the phone with MY company to set my account back up, and the customer service rep suggested I file a police report for fraud so the other company can't come after me to collect the bill for the last three months.

I'm just wondering if filing a police report for fraud is necessary in this situation? I realize that it was MY electricity usage, but I did not sign up for that plan. (I live in Texas, and it's a deregulated market, so there's no telling how much they signed up to pay per kWh.)

Is it possible that this other electricity company can now demand payment from me? If so, what are my options?

Answer:
 I'm thinking someone was creating false proof of residence, that can easily be worth the cost of paying someone else's power.

Also, turn off direct debit and use your bank's online bill pay, if all hell breaks loose you don't want them nuking your checking account without notice because your fridge compressor took a crap and ran flat out for a month.

Answer #2: No one pays a standard bill for no reason. I'd be freaked over what that person's reason was - gut says identity theft. Definitely file a fraud report now, so you can corroborate the stranger doing this in your name later when the other shoe drops.


Title: caught neighbor stealing mail

Question: Hi so I just moved into my first big girl apartment a couple months ago. I never switched my address on anything so all my mail still goes to my dads. I get the previous tenants mail everyday so I usually just sift through to make sure I don’t have anything for me in there and leave the mail that isn’t mine. The mail disappears after a couple days so I assume the post man takes it and sends it back or whatever they do. So I get a lot of mail for a “Stacy” who I know lived there at least 5 years ago. The neighbor across from me started calling me Stacy (my name is Mariah). I knew she had to of looked in my mail to come up with the name Stacy. I just assumed she forgot my name and didn’t want to look like an ass hole so she looked at my mail to see my name. About a week ago I saw her in the reflection of a screen door looking in either mine or the guy above me mailbox. Not cool. So this brings me to Sunday night. My dad dropped off mail in my box at 7:30 pm. I returned home at 10pm and the mail was gone. It’s pretty obvious to me who took my mail considering I know she has been in my mailbox at least twice. It’s pretty unsettling that she’s taking my mail idk if she’s trying to commit some sort of fraud or if she’s just really damn nosey. I plan to contact my land lord tomorrow but I would really appreciate any advice!!!

Answer:
 For the previous tenant's mail, put return to sender/wrong address on the envelopes.

For the woman looking into your mailbox, notify the landlord and tell your local branch of the USPS. Mail theft is not taken lightly. They can investigate. If you're losing cheques and other sensitive material, consider getting a post office box or having that mailed to your parents' place.Answer #2: You've been given great advice, just as a helpful addition;

I would highly recommend setting up [Informed Delivery](https://informeddelivery.usps.com/box/pages/intro/start.action)

-- This is s free service that allows you to digitally preview your mail. If you register with your father's address (and yours when ready), you'll then be able to more easily track these items until there's a resolution.Answer #3: You can contact the postal inspectors and report her for stealing mail. However, your father should not have placed anything in your mailbox, so there might not be anything they can do about that part.


Title: 3 late instances will equal an absence, with a full day deducted from paycheck (?)

Question:
My job has recently started adding policy changes, one being, if were more than 5 minutes late there will be a penalty. 3 tardiness will equal a full (12 hr) day deducted from our paychecks.
This sounds illegal to me. Have not been able to find anything on my simple searches on google. (In Florida)

Answer:
 This is illegal. Under the FLSA, all hours worked must be paid. Your employer can not decide to not pay you for a full shift because you violated some arbitrary rule.

They may reduce your pay rate going forward or discipline you in some other way.Answer #2: They can tell you to go home, causing you to lose 12 hours worth of work, but they cannot reduce your pay for 12 hours that have already been worked.


Title: Is it possible for a stepparent to become a legal guardian of a minor in Ohio even if both parents are still living & have joint custody?

Question:
I would like to become a legal guardian of my three stepdaughters.

Their mother is currently incarcerated, after a parole violation where she tested positive for cocaine. She is also an alcoholic, and has been arrested five times in the last few years for public intoxication, 2 OVI's, domestic violence, and truancy. She's not able to hold a job, and has no means of transportation.

Their father became the main custodial parent one year ago, and the girls live with us 24/7. Their mother still technically has joint custody. She's not following the custodial agreement, rarely has visitation with the girls, and contributes nothing financially.

I'm financially responsible for the girls (50/50 with their father). I've basically become their parent due to their mother's neglect, and I would like to make it legal. I'm also concerned that if something happened to their father, that I'd lose the kids as well, to a woman who cannot care for them. The girls (ages 11, 13, and 16) would like me to become their legal guardian, and would be willing to say so in court.

Given the situation, would it be possible?

EDIT:

Thanks so much for responding, I have a much better grasp on how this would work now.

It looks like the options are to either persuade their biological mother to let me adopt them, or take her to court and try to have her parental rights terminated. Either way, I believe we have a strong case, and we'll definitely be hiring an attorney.

We've been keeping records for years, which helped their father win custody. We didn't ask her to pay child support (since she has no job), but she is required to pay 50% of all medical. She hasn't paid a dime in over a year, and that's something that we can prove. Our custodial agreement states that she should have the kids 2 days per week, but she only takes them 2 days per month, and requires us to transport them and provide food.

On top of that, there's all the arrests, the incarceration, and proof of alcohol/drug abuse. One of her arrests was for truancy, and the kid's home life is reflected clearly in their grades. While living with her biological mother, our oldest failed 8th grade with straight F's. Two years later, she's maintaining a B+ average, and was just accepted into a very competitive high school college prep program. Grades/truancy were something that were very important in our fight for custody, now we have proof that we've helped them succeed.

But even more importantly, the information that everyone provided here has helped me understand the gravity of the situation. Since there's no way to do this without terminating their biological mother's parental rights, the kids must understand that clearly, and be a part of the decision making process. At the very least, I've learned that there are things we can do now to help keep me a part of their life, if something happened to their father.

Thanks so much!!!

Answer:
 She would have to either agree or have her parental rights formally stripped. You could try for the latter, but it's a pretty high bar. They wouldn't just have to conclude that you were a better parent -- they would have to conclude that she was a completely unfit parent.

The easiest and most surefire thing would probably be to try to talk her into agreeing. It doesn't sound like she is very interested in being a parent, and letting you adopt the kids would mean that she would not be on the hook for child support if she somehow managed to come into some money.


Title: Experian — Class Action Lawsuit Anyone?

Question:
[California]

Has anybody else been duped by Experian.com? A few months ago, I needed to get my credit score for a new apartment I moved into. Every U.S. citizen is entitled to receive their credit score and report for free once per year (https://www.annualcreditreport.com/index.action).

I found a link to obtain my free credit score (I don't recall which one at this point). At some point during the process, I unwittingly signed up for a service to monitor my credit score. Essentially, I had to give my credit card number in order to obtain my "free" credit score, but was also agreeing to a "7 day free trial" at the end of which I would be charged $21.95 per month.

I called and spoke to representative and then to their manager demanding a full refund. They wouldn't budge, they refunded me for one month and said that was the limit. I asked them what service I received in return for the money they stole from me. They said they had been monitoring my credit score and sending emails.

So essentially I've paid over $66 for three months of spam from Experian.

I can't stand these deceptive practices. It's manipulative and clearly designed to take advantage of consumers. This from an agency that is supposed to help monitor consumer credit scores.

Are there any simple legal actions I can take? Class action lawsuit anyone?

Answer: You signed up for the service and you got it. How was it deceptive?


Title: Doctor will not authorize a DNR. Any recourse?

Question:
Really hoping this is the right place for this- if not, someone please let me know where I should ask this question...

I'm a male, 30, and married. I'm in relatively good health, but our health insurance is kind of spotty. Hers- through her job- is fantastic. However, to add me on to her plan is cost prohibitive for our budget. My coverage through the healthcare marketplace has gotten to the point where I can no longer afford to pay it. Unfortunately, we live in a state that opted to not expand medicaid, and we fall outside of the coverage of our state run TennCare system (basically, because we don't have children according to the case worker we met with). We also fall outside of charitable community groups. We're in some sort of coverage shortfall gap.

I lost my business and, after having to pay for my father's medical bills when he passed- we're pretty much broke. We're making it, but it's razor thin.

So, because I'm not going to have health insurance, I've been working on trying to get a Do Not Resuscitate order put in place. The fear here is that, while I do not have health insurance, I'm going to have a critical emergency... get hit by a bus... fall out of a window... random stroke... whatever- and I'm going to leave my family destitute when the bill finally comes. I watched the same thing happen with my father as he collapsed in his garage from an aneurysm, spent a week in the ICU, and died. My wife and I have talked at length about it, and we've both decided that the life insurance in the unlikely event that I died would pay for the medical bills and arrangements (a policy through her work).

My doctor refuses to sign one because I'm in good health, and in fact, tried to put me on anti-depressants. I can assure you- I'm happy, healthy, and functioning. I just don't want the worst to happen, and my family be saddled with that burden should I require some from of care, and I'm incapacitated and not able to refuse treatment.

Hopefully, I'll find work soon and we can get this put behind us- but I'm wondering if I've got any legal recourse here? I'm trying to do what's best for my family should the worst happen. I looked into it, and I feel like I'm going to be "doctor shopping"- which is also illegal here in TN.

Answer:
 No court would ever force a doctor to do what you want your doctor to do. You can find another doctor. That's not "doctor shopping". Answer #2: So there are two issues being conflated here:
DNR = Do Not Resuscitate
This covers:

1. Basic CPR - Chest Compressions, Assisted Breathing
2. Mechanical Intubation
3. Front Line Drug treatments - Atro, Nitro, O2, Epi, Etc.
4. Carioversion
5. Advanced Techniques related to: Chest needle decompression, IV's, IO's, etc.

Basically all the first responder care.  This care, relative to in-hospital, is while not inexpensive, a full order of magnitude less than prolonged in-hospital care.

That sounds like the one you are trying to avoid.

To that end I would look into both a Living Will and Advanced Directives as others have noted. Skip the DNR, if first responder treatment or a quick ER visit is enough to save you, a couple grand is more than a fair compromise to you and your family, without leaving them broke.

Also many hospitals have patient advocates that can help reduce payments if you would have difficulty paying due to lack of work or hardship. IF the possibility is really bothering you it might be worth a proactive call to see how it would pan out for you.Answer #3: isn't it a living will that you're looking for and not a DNR?


Title: [IOWA] Is a confession enough to convict me?

Question:
Sorry if this is the wrong place to post this. Please remove if it violates any rules, I apologize in advance...

My younger brother was pulled over recently and had his vehicle searched. They found marijuana and charged him with possession, intent to distribute, and possessing drug paraphernalia. He is facing up to 15 years.

So here's the thing... My brother is 34, he's been married for 13 years and is a father of 5 (ages 2 to 12). He is the sole provider for his family (wife is stay at home mom). He has no previous criminal record. Honestly he's done right by his family and takes great care of them. He's a great dad, husband, brother.

I'm the big brother. No wife no kids, no job. Got a fairly big settlement from being at the right place at the wrong time some years back so I haven't worked since then.

I've thought about it a lot and I'm willing to take my brother's place. He has more to lose than I do. I want to make a confession, tell them it was my pot and I had stashed it in his car because I was planning to use his car later to do my delivery. Will a confession from me be enough to drop the charges against my brother?

Answer:
 Don't lie to the police.

If you want to help your brother, hire him a good lawyer.


Title: (NJ) Convenience store clerk threatened to break my 14 year old’s legs

Question:
My son was at a local convenience store. The clerk got mad at him and his friends for taking 5 minutes to figure out what to get and told my son to “get the fuck out” so my son left. After he left he told his friends that if my son comes back to his store he would break his legs and jaw. An adult in the store told the clerk that he can’t go around threatening kids.

I’m planning to report this to the local police. I think that’s a better course than my paying this dude a visit. Is a verbal threat a crime in NJ? Do I have any recourse here? I don’t think it’s okay for someone threatening my child with violence.

Answer:
 Let the police decide if it's a crime.

You can also complain to the management or owners.Answer #2: A verbal threat *can* be criminal.

It is generally unlikely anyone will see this as a credible threat to do harm. And in that case the police may decline to take action.


Title: Me and my ex girlfriend of 3 years split up and we had a house together. I wasn't aloud to put my name on anything because of her parents. we had an agreement that if we were to split. Now she is not following that agreement.

Question:
First I want to say I am in terrible shape mentally. This break up was just out of the blue so bare with me as I try to explain.

So a year ago my girlfriend brought up the idea that we should get a house in another city in Ontario. I thought it was a stupid idea since we are both in are early 20s. Anyway she worked hard to put numbers together to show me it was doable.

 So I came around and we started to look at houses in a city 2 hours away from are home town because the houses were cheaper there. Long story short we found one and put in an offer. Around this time her parents started to talk to her about bad about me. Saying things like I'm only with her for her money and the house and shit. One day her dad got extremely mad and told her she will not help her move or touch the house if my name goes on anything. I felt bad and decided not to put my name on the mortgage or the ownership of the house because she was just getting to build a relationship with her dad after years of bullshit. I felt like I didn't want to get in the way of that.

I also retreated any money I was going to put down for the down payment and my girlfriend agreed that would be a good idea.

The night before moving day we sat down and discussed what would happen if we were to split. And we came to the agreement that if we shall split she will help me get to my home town in Newfoundland or she would give me $2,000 dollars. We also agreed that I will be payed back anything I put into the house.

So right now I am in Newfoundland and she didn't help me get here at all and she didn't give me anything to help me out like she agreed upon.

So my question is. Is there anything I can do? I don't have a job and I have to rely on my mother and sisters to support me while I search for work. And they are having a hard time aswell. My savings is all dried up after I bought an airplane ticket and mailed some of my stuff down ahead of time. I spent over $900 trying to get home and she doesn't care. What can I do?

Answer: You were her tenant. She doesn't owe you anything. You were foolish for thinking that you owned this house without your name on anything. Time to move on with your life.


Title: Reckless driving while travelling in NH, I live in MA. Is there an outcome where I can still keep my license?

Question: [deleted]

Answer: Get a lawyer and hope they can get the charge downgraded. Otherwise you're gonna lose your license for a bit.


Title: Ex partner may have attempted to intentionally infect me with an STD in order to blame me for it.

Question:
Pennsylvania.

I was with my ex for two and a half years and I ended the relationship about a year ago, but we were trying to work it out for a while, so we were still seeing each other. We discussed that we weren't seeing anyone else and she swore that she wasn't, but in July she told me she had been infected with trichomoniasis.

She told me that it had to be from me and that I needed to get checked. However, she wasn't aware that I'd been tested a month prior and didn't reset positive for any STDs. I was tested again after she informed me, and rested negative again.

She has been playing the victim by telling people that I was abusive, which I can prove isn't true. She was also telling most people that she hadn't been sleeping with anyone else, but I can also prove that that is not true. It's starting to seem like she was intentionally trying to infect me after she found out, just so that she could tell people that that's why we broke up.

Answer:
 What’s the legal question here? Answer #2: Cut her out of your life and move on. There's nothing that will be worth pursuing from a legal angle.Answer #3: Looks like trich isn't on all standard std tests.  Did you specifically asked for a trich test, or just an STD test?Answer #4: Where do you get the idea that 1) She tried to infect you intentionally 2) She slandered you?

Doesn't sounds like there's any reason to believe either of those things are true. It also doesn't sounds like you have any damages.


Title: [Hypothetical] Life insurance pays if the insured is murdered. Life insurance usually doesn't pay if the insured commits suicide. What if two insured people kill each other?

Question:
I'm wondering about a hypothetical situation. Note, this is truly hypothetical. I am not plotting a bizarre murder pact. I don't even have a life insurance policy.

Ok, the headline explains most of it. Life insurance usually doesn't pay if the death is from suicide. But what if it's a mutual murder?

Bob and John have long been bated rivals. Both Bob and John also have one million dollar life insurance policies. One day Bob decides he's had enough. He poisons John with a slow acting poison slipped into John's lunch.

Eventually John starts to feel ill. He goes to the hospital. They diagnose him with a guaranteed fatal, totally incurable poisoning. There's nothing they can do, so they hand him a bag of Vicodin and send him on his way.

John knows that Bob must be the culprit. He has nothing left to lose, and he decides to get revenge himself. He hunts Bob down and shoots him dead on the spot. Three days later, John dies handcuffed to a hospital bed.

So, the question is, do their life insurance policies still pay out? Location isn't that important, but to make the bot happy, let's say this blood feud happens in my state, TX.

Answer:
 The suicide clause in life insurance policies often doesn't totally exclude suicide, it just puts a time limit on it, e.g. no coverage for suicide within 2 years of policy inception or a coverage increase. I don't see any collusion in your hypothetical scenario, seems like both policies might well pay out depending on policy conditions and exclusions.Answer #2: In your specific case insurance wouldn't even question it...

Now if husband and wife killed each other... would probably be ruled a suicide pact in which case /u/forneusFQ's info would come into play


Title: I made an arrangement with a friend, he put me on his phone plan through Sprint and i got a phone with the deal, every month i now pay my phone bill and for a 1/24th of the phone until the phone is paid for. I've never missed a payment over 6 months, now he's demanding i pay him for the phone

Question:
In full. I still owe about 600 on the phone, a Samsung Galaxy s8, and I can't afford that. It should be noted that I never even asked for this phone, I need a phone for work and he offered to put me on his family plan but I hadn't a phone, so I have him a 100 dollar bill and told him to get me a cheap phone, and he came back with the most expensive item I've ever owned. I was extremely annoyed but I liked the phone so much I decided to roll with it. Now he's constantly using the phone as leverage on disagreements and such. He just texted me telling me I have to pay him in full this month because he's leaving the country.

What are my options here? I can't afford to pay him without extreme cuts to my life and I don't think it's fair at all.

Answer:
 If you had a payment plan as part of the agreement, tell him he cannot unilaterally alter the agreement and you'll pay the same amount you've always done.Answer #2: If he's leaving the country, what happens to the family plan?

I suspect it's going away.  That's why he wants the $600 now.  That's step A.  Step B is for him to cancel the family plan and send the $600 to Sprint.  You'll have a fully paid-off phone, but won't have a phone plan to use it on.


Title: I'm looking to buy a car that's owing money what can I do to make it risk free.

Question:
I'm interested in a car but it's owing money which I was not informed of. I was told that they could send me some paper work. what I was told is that they only give payout figure when the funds are transferred. Instead I'd receive a written agreement stating that the funds would be transferred into the security interest. I'm not too sure how much they owe. Would anyone be able to assist me or point me in the right direction for help on this? I'd like to get the security lifted before I pay them or put it under my name how can I do that?

I live in New Zealand if that helps.
Topic:
Credit Debt Bankruptcy

Answer: don't buy it and find something else.


Title: Revoking Probation after it’s ended. (IN)

Question:
This takes place in Indiana.

My 18 year old step daughter got arrested for visiting a common nuisance and eventually got a plea bargain of 6 months of probation through our local town court.

She was arrested again at the end of February for possession of marijuana as well as illegal consumption of alcohol. This case is still going on currently.

Her probation ended on 4-10-18, however she got a call from her probation officer today (4-27-18) that she needs to go to court next week for violation of probation. Is that possible since her probation ended? My initial feeling is that it is possible because she was still on probation at the time of her arrest. However her probation officer told her she was finished at her last appointment back on 4-10-18 the day it ended.

Answer:
 > My initial feeling is that it is possible because she was still on probation at the time of her arrest

Correct.


Title: Question about which vehicle has right of way in a double merger scenario? Images included.

Question:
If you are driving at 65mph and another vehicle is driving at 45mph. There is a lane merger, followed by another immediate lane merger with the freeway. Who should be given right of way? I am attaching pictures for your review.

My assumption would be the vehicle traveling at the greater rate of speed should be given right of way based on the images due to the white traffic line extending that lane as the primary.

http://imgur.com/FJxZmP6

http://imgur.com/mv79b39

http://imgur.com/BUYQhVz

http://imgur.com/biTzwD3

San Diego, CA
Topic:
Alcohol Related Other than DUI

Answer:
 There is a sign missing from your images that is pretty important to the scenario.

http://imgur.com/dtXKIYz

To me, it looks like the driver going 45 was in the main lane. The car going 65 is merging into that lane, and needs to yield. Speed has nothing to do with who has right of way.Answer #2: The car in front.  So not you.


Title: [Update][NY] I just received a grand jury subpoena from the U.S. attorney's office.

Question: [deleted]

Answer: Sounds like you got yourself a new job as a "witness in a criminal case".


Title: My Cousins Tax Preparer is Forging 1040’s What Should I do?

Question:
My cousin (18) went to a preparer that a few of my family members had used and had what seemed like a normal experience.

     About a week later my uncle’s tax return was denied because a dependent he claimed had already been claimed.  When we looked into it and pulled up what was submitted on my cousin’s behalf we found that it was a completely different form than what my cousin had signed, claiming tens of thousands in expenses and such, and a return of $1900 was payed compared to the $1000 that was shown when he filed at the office with the preparer.
    Once we saw this we started double checking the returns all throughout the family and it seems that all of them are being manipulated and that he (the preparer) has pocketed over $5000 off three people in our family alone.
What should we do now?  If we report him to the IRS is it likely that my cousin will then get audited and have to pay the difference he never received?

Edit: Grammar and also: Located in Texas. My cousin is 18, but as my uncle is paying his tuition and living expenses, my uncle is claiming cousin as his dependent.

Answer:
 That would be identity theft, fraud, and filing false tax returns.

That he did this to the IRS puts him in "federal government is going to bend him over and plow him like a new field" territory.

Police report. Contact IRS taxpayer advocate in your area (find them through irs.gov) regarding the fraud. Identitytheft.gov. Answer #2: In addition to the other advice given, you should file as whistleblower with the IRS. If the fraud has been done on a wide scale you may be entitled to a juicy reward for turning him in.

https://www.irs.gov/compliance/whistleblower-informant-awardAnswer #3: Clearly a Circular 230 violation.  Start [here](https://www.irs.gov/tax-professionals/make-a-complaint-about-a-tax-return-preparer).  Then, depending on the credentials (or lack thereof) you can go on to make their lives a living hell.Answer #4: Can you take the text box out and replace it with normal, readable text?


Title: [NY] Pulled over for a tail light out, got a DUI, blew a .09, first arrest

Question:
So the story is that I was pulled over for one of my tail lights out as I was driving my friend home. We were drinking earlier before and I also had a hit of weed. The cop asks me if I've been drinking, and I say 'No'. He makes me do three sobriety tests (my feeling is that I just barely failed them) and two breathalizers, he asks me two more times if I have been drinking, and I still say 'No' (yes I know, stupid). I get arrested.

They take me to the precinct and the police doctor guy takes me to do another breathalizer and a few more sobriety tests (which I think I did okay on). He tells me that he feels bad and he knows it was just bad luck and a fuck up and that my blow was relatively low (a .09). After spending the night in jail and calling my parents, I end up at court jail. The court's defense attorney asks me a few questions and says I'll be having an arraignment to determine release or bail, and she says I'll likely get a release. Though moments later, a private lawyer comes and says he's representing me (my parents called him).

It comes turn for my arraignment and I get released. My parents say it was $1.5k for the private lawyer solely for that arraignment. He said he will charge another $2k for my actual hearing.

My question is, do I need a private lawyer for my upcoming hearing? Is it worth it? Also, what is the range of my potential punishment? Any other tips are highly appreciated!

(this probably doesn't matter but this all happened early morning Xmas ~3AM)

Thanks in advance

Answer:
 If you can't list the specific clues that officers look for on the Field Sobriety Tests, then your opinion on the matter is completely unfounded.

You need a lawyer for this.  If you don't qualify for a Public Defender, then a private lawyer is your only (good) choice.


Title: Fired for Conflict of Interest

Question:
Hello all,
I was recently put in a very tough position regarding a conflict of interest with my employer's client. I worked in an analytical testing laboratory in Oregon, United States. When I was hired 7 months ago, I made my employer very aware of the conflict of interest and specifically asked not to handle the c.o.i clients samples in the laboratory. To this my employer responded that there would be nothing to worry about and that I would be protected. On Monday I was fired for the conflict of interest because the client said they could not trust the data produced in the laboratory. All of the data I was a part of is completely reproducible as I am a very honest, hard working individual. There are also many checks and balances in the laboratory to make sure the data is not fudged. We also keep retain in order to retest samples and get reproducible results. Is there anything I can do? Many other employees know I asked not to handle the clients samples but the employer didn't seem to mind and continued to tell me not to worry about it. I knew it was only a matter of time before I was fired for this conflict of interest and even stated such multiple times. I know for a fact that I said to them I would be fired as soon as the client decided to say something. My employers told me they would "protect their employees" in a case like this. Please help! Any information is great information.

Answer:
 They may fire you because of your conflict of interest, and in fact, good business says they should terminate one employee rather than lose a revenue-generating client.

It sucks, but they were never going to be able to fully disregard this conflict, especially once the client found out you worked there or decided your conflict was too significant.


Title: My teacher is recording students when they ask not to be and putting it publicly on youtube

Question: Is this illegal? Many have asked her directly to remove the videos. This is in a U.S public school. All other teachers in the district ask for consent before posting anything public.

Answer: Have you brought these videos up with the school principal?


Title: Ontario, Canada – company not letting me cancel my auto-renewal contract

Question:
I signed up with a waste management company for a 5 year contract (60 months) back in 2012. This contract is expiring in March of 2017. I called them up 60+ days before the contract was set to auto-renew and told them I would not be needing their services anymore and would like to cancel my renewal.

I was told that I needed to cancel between 120 to 90 days before the contract was set to renew (no sooner and no later) and that as a result I am locked into another 5 year contract set to start in March of 2017.

When asked if I could change the contract to a 1 year contract I was denied. When asked what the cancellation fee was I was told that it would be payment of all 5 years.

Fees and additional charges have also been piling up from the original quote I was given in 2012. I was able to find multiple violations of the Consumer Protection Act of Ontario, however being that I am representing a business, I don’t seem to be covered.

I would also like to note that the company in question never sent me any reminders that the contract was expiring and auto-renewing soon. The only document I have of theirs is the original signed contract for 2012.

Is there any legal recourse that I could take against them?

Answer: NAL but a 5+5 year contract can't be enforceable for a service.  I'd take them to court IMO.Answer #2: How do you currently pay them?


Title: (MN) Blood all over my apartment

Question:
Our apartment gets its communal spaces (stairs, hallway) cleaned once a week. I don't have any idea why, but every week there seem to be drops (and small puddles) of blood appearing on the stairs and hall I have to walk down. Since it only gets cleaned once a week the blood just sits there. I wouldn't really mind (other than being grossed out) but I have a dog that tries to lick it lol

Is this any sort of health code violation or some shit? I know people have called maintenance for this problem before but nothing was done so maybe if it were a hazard it would put some fire under their ass?

Answer: Any female dogs in your building?  Sometimes when they are in season they will leave a little blood behind and that could explain your dogs attraction to it.


Title: Is it illegal to fake my own arrest in public?

Question: I know it's illegal to impersonate a police officer, and I know it's illegal to "disturb the peace." But is there a legal way to stage my own arrest for a film? Like, can I get a permit and a proper police presence that ensures a safe environment? I live in NYC.

Answer:
 Yes, talk to the NYC Office of Film, Theatre and Broadcasting...

http://www.nyc.gov/html/film/html/home/home.shtml

...to set it up. It won't be cheap but it'll be 100% legal if you go through the process correctly. [Here is a link](https://nyceventpermits.nyc.gov/film/) for a filming permit.


Title: Girlfriend's dad attacked me, what should I do?

Question:
Hi Reddit, had a situation today, and I'm not too familiar with the laws regarding these types of things so I was hoping someone could help me out. Basics of the situation are: her dad is generally fairly irrational, and has a temper, and him and I have had very very limited interactions in the past, if any at all, but she's voiced to me that he isn't a big fan of me for whatever reason. So today, her and him were having a fight, and he was threatening her, and she asked me to come pick her up so she could get out of the situation. I drive there, I'm waiting in the driveway, he comes out, starts knocking on the window. Not wanting to get involved, I ignore him. My door is locked, and he tries to open it unsuccessfully, and starts punching the window. Not wanting my window broken, I open the door and stand up, at which point he, without saying a word, grabs my sweatshirt and pulls it over my head and punches me in the side several times before yelling 'Cool it!" And throwing me into the snow. I get back up and he points into my chest and says that she's "coming home tonight", word for word. I try to get back in the car, but he grabs my keys and blocks the door. I call 911, tell the dispatcher what happened, cops come, he tells them I swung at him first, they say I shouldn't bother pressing charges because it's my word against his. I asked my police officer friend and he says I should go get a copy of the police report and get a " Civil Protection Order" I believe it's called. I'm planning on doing that ASAP, I just wanted to know if I had any options in terms of protecting myself from him/making him responsible for his actions. Thanks in advance.

TL;DR: Girlfriend's dad attacked me unprovoked, told cops it was my fault, need advice.

Answer:
 You're 20 and she's 17. Her father hates you so much that he's willing to physically assault you. For some reason, you felt involving the police was the right thing to do. But, the cops are looking the other way. Finally, you're considering a restraining order.

This relationship won't last. Move on.


Title: My friend just pranked the suicide hotline. What will happen to him?

Question: They told him it was a federal offence and he had no idea. What can he do?

Answer:
 Screw the IANAL disclaimer. Your friend ought to be a little more respectful.

How long was he on the line for? Ask him. Every minute, people call that line because they need serious help. People are sometimes quite literally on the edge and that hotline is what keeps them here, with us.

I can't help but think about the people who missed a connection with someone on the other end because your friend thought he was being funny. Whatever though. Guess he doesn't care.

There was a case in 2011 where some 16-year old in New York was legally pursued by the state because he and some friends pranked the hotline. The police had traced the call and the DA went after him.

If that's an indicator of what they do to pranksters in the United States, then I hope your local police precinct have better stuff to do than go after your pal.

edit: Haha dude, some guy who falsely reported an incident on the hotline in [Rockland, Maine got 30 days](https://knox.villagesoup.com/). Your friend should find a better hobby. I hope Kentucky law's not too bored to come for him.Answer #2: If the police come looking for him then he can get a lawyer.


Title: Circuit court judge obviously biased

Question: I’m in Virginia and going through divorce proceedings in the circuit court. The entire process has been horrible. I work in medicine and have no criminal past but somehow the judge and my stbx lawyer have an understanding to screw me. 1st they award my children’s mother full custody, legal, physical. Then they took away my right to even call my sons ages 3,5. 2nd they made my child support so high I can afford to live. My lawyer is a flake (2nd one) and she reply’s she has never seen such biased in all her career. How can I have a hanger of venue, would a letter o the governor or district attorney help? Please help it has been months since I saw my boys.

Answer:
 First step: Get yourself into counseling. I doubt the judge picked you out of all his other cases to remove visitation and jeopardize his career. Something happened that caused him to feel you were unsafe.

Second: you need to talk to your attorney about a change of venue. It may or may not be possible. You cannot change it just because you didnt get what you wanted. Answer #2: These are the types of questions you should bring up with your lawyer.  If you don't like your lawyer then you can fire her and hire a new one.


Title: Abusive emails from a lawyer I don't even know. WTF? (Sorry, kinda long)

Question:
I hope this isn't inappropriate for this sub, as I'm not seeking direct advice - more like suggestions on how (or if) to deal with this. I'll try to be succinct.

After a Sacramento attorney posted a highly offensive comment to a local newspaper article, I sent him a polite email at his firm explaining that I found his comments distasteful, unprofessional, and reflecting very poorly on himself and, to a degree, the profession of defense attorneys in general. In no way was I rude or disrespectful, and even told him that I believe that his clients should (in my mind) be exonerated and that he would surely achieve that.

This was the comment that prompted my email to him:

"Sadly, you have all exposed exactly why you live in Davis: There are no blacks there. Deny it all you want. Your replies exhibit nothing short of Nazi fascism behavior. Nazi is as Nazi does. Hail Hitler folks.

"Hail the white race. Hail Davis! Sorry some black kids from Sacramento made it to Picnic Day. There are plenty of used signs on Mississippi Craigslist for sale, buy them, put them up next year all over Davis. ‘NO BLACKS ALLOWED.’ Until then, you’ll have to suffer with that whole Bill of Rights thing you find so distasteful."

In response to my email to him, he sent a flurry of replies obviously intended to provoke me. But I don't feed trolls, so I have not sent anything beyond my first and only email.

His replies were as follows (all on his firm's e-letterhead):

"fuck off asshole.  Seriously.  Fuck off.  You're a piece of shit. I wouldn't let you lick the sweet off of my balls. Got it?"

"was I clear enough?"

"i mean I want to make sure I was clear with my views on a comment from you."

All within minutes of each other. Like I say, a clear attempt to provoke and troll me.

I understand that this doesn't exactly fall under the professional ethics rules, but still. I have had no contact prior with him prior to my initial email, nor have I responded in any way to his rude replies. I don't even want to. But part of me wants to report his conduct to the State bar association (CA) for the simple reason that my wife and many of my friends are attorneys and I feel that his response denigrates the profession.

Should I bother? Is it really not worth getting bent out of shape about? I think the answer is to just ignore it all and reread it when I need a laugh.

Answer:
 In the future if you feel that an Op-Ed piece needs a rebuttal then you should submit it directly to the paper/publication. If your piece is in good taste and brings an alternate view then they might publish it. This keeps the original author out of your hair.

However, this sounds like this was an online comment on their website. Two choices: Don't engage and leave it be or engage and make an online comment in rebuttal. Only you can decide which is best. I personally just leave it be as people like this very rarely are open to hearing another point of view.


Title: In a relationship with my boss, who took away my shift at the last minute for personal/ work unrelated reasons. What are my options?

Question: [deleted]

Answer:
 >Is there any legal action I can take this?

No.

Non-legal advice: Don't crap where you eat.


Title: Underage girls roofied and gang raped (NZ)

Question:
So this girl i’ve been seeing for 6 months recently opened up to me about her dark past.
She told me 4 years ago her and her friend (both aged 14) went to hang out with some guy friends at their apartment, this was a group of 4 males ranging from ages 16 to 21.
She says both her and her friend had their drinks spiked and that they were both forced in to having sex with the 4 guys over the course of the evening.
Neither girls went to the police or told anyone about the incident, in fair of being shamed by anyone finding out.

My question is because this happened a while ago and that there was no evidence collected from the crime scene.

Is there any chance of a cased being made against these four guys (not sure what the laws are here in new zealand). Especially the 21 year old male who drugged and raped two underage girls.

Answer:
 Legally, it can still be persued, but practically, it'll be very hard to get a conviction. Their words against the boys, no hard evidence.

Their best bet is probably to find other victims, and I wouldn't be at all surprised if they have done thise to other girls as well, and perhaps their combined statements can be enough.


Title: (Az) Fractured my foot on the job. I am worried it is going to happen to the other foot as well.

Question: A bit of backstory, because it is kind of complicated. I operate a children's ride at the mall (A carousel) and we have to use a dead man's switch to operate it. It bends my toe and arches my foot, it hurts. Eventually I had to see a doctor for the pain, turns out the darn thing fractured my foot and I now have to wear a cast for a month. I can feel my other foot starting to fracture... What do I tell my boss?

Answer: Ask to be reassigned to another job. I'm assuming you filed a worker's comp claim for the first injury?


Title: [NY] 'Independent Contractor' as mystery shopper, should I be worried about signing this agreement?

Question:
Hey all, I've applied to be a resteraunt critique / mystery shopper for a gig I found on Craigslist. Realistically, it seems like some fun side cash, free meals, and even getting paid to eat said meals. All I have left to do is to sign the agreement to sign up. After reading through, one clause worried me. It reads:

> "The Contractor is and will continue to be a self-employed independent contractor and NOT an employee of [COMPANYNAME]. The Contractor is not a partner, employee, joint venture, or affiliate of [COMPANYNAME]. The Contractor understands and agrees that he/she is not entitled to and will not receive any medical, dental, unemployment insurance, vacation or sick pay or any other employment benefit from [COMPANYNAME]. The Contractor is responsible for payment of all federal, state, and local taxes on any fees that are paid to shopper by [COMPANYNAME]."

I don't care about not having benefits as its only a few gigs a month. What scares me is the tax part at the end. I don't think I'll be making any significant amount of money, I'm really just in it for the free food (but will of course treat the gig seriously). Is there any chance of me getting screwed over with taxes. I don't want to put myself in debt for a few free meals.

Answer: This is standard for independent contractors, you are a 1099 contractor rather than a W-2 employee.  It means that no taxes are withheld from your payments and that you have to reserve enough money to pay all payroll taxes (both the approximately 7.5% you normally see taken out of your check and the 7.5% your employer pays that you probably never knew about) as well as federal and state income taxes.


Title: Wife's ex upset I have my stepkids in my social media profile pic. Does he have grounds to get it removed?

Question:
UPDATE 2:
My profile pic has been changed. Wife spoke with her brother and he agreed to take off the pics he has of the boys (as he was laughing at how stupid this issue is based on a technicality because her ex has an ax to grind for calling him out on his material violations). We still plan to have this clarified with our lawyer at the next hearing (child support modification, because she's taking off next year due to arrival of our daughter)...our position will be that she will make best efforts to have 3rd parties remove pictures of the children on social media if she is made aware of it by him (i.e. if he wants to be the social media police, then he can do the policing) but will qualify that the 3rd party is not legally obligated to honor her request. If he wants to pursue the matter in civil court against the 3rd party then that's his prerogative. The same conditions apply to him...we will notify him of "offending" posts by 3rd parties and he will need to make the effort to have the offending pictures removed by the 3rd party, including the school district social media pages (which he and my wife are teachers in).

We'll see how this goes over in a couple weeks at the hearing.

UPDATE:
Based on the responses here and discussions with the wife, I will change my profile pic. She make an effort to have her brother remove pics of her kids, but the extent of it is to ask him to. If he refuses, then her ex will have to file suit with her brother (and face that uphill battle himself).

Note that we are doing this because y'all put into perspective that it's a stupid issue to fight. If her ex wants to have a dick measuring contest, rather than whip it out for measurement we will concede so that he's the only one standing with a dick and ruler in his hands.

Thanks

In Pennsylvania...

So my wife has an agreement with her ex in their divorce decree that "neither party will post pictures of the kids in social media without the other party's consent." She asked for this because he goes crazy "checking in" and tagging the kids whenever they go anywhere and she thought this was dangerous.

Anyway I have a wedding picture of my wife, stepkids, and me as my Facebook profile pic since last October.

Today I guess he found it and sent her a nasty email that it must be removed per their agreement. He also found some pics of the kids with her brother that her brother posted to his Facebook and said those must also be removed.

I told her we are in the clear since these are our pics (i.e. Copyright owner...with paperwork from the professional photographer), and neither I nor her brother are parties to their agreement and since she hasn't posted anything with the kids to her social media accounts, we are in the clear.

Of course we will have her lawyer confirm this, but what do y'all think?

Answer:
 Sounds like you might be correct based on the specific wording, but why in the world is this your hill to die on?Answer #2: Legally you're in the clear but morally you kicking up a stink is going to create more problems than its worth for your wife and her relationship with her kids and ability to coparent successfully with her ex. Just remove the photos. Answer #3: >must be removed per their agreement

If there's something in their parenting plan that discusses posting the children on social media, there could be a problem between your wife and her ex regardless of ownership of the photos.

Is there really such a provision?  Answer #4: You are pretty clear about YOUR interpretation and YOUR rights, but nowhere do you mention your WIFE'S view of the issue regarding HER kids. Where does she stand on this?

Answer #5: Do you really want to get your wife dragged into court over this? Not a great hill to die on.Answer #6:  Depends. Do you want to spend money for the lawyers to hash it out in court or not? Answer #7: You are fine in terms of the agreement between your wife and her ex.  Your wife didn't post the photos, you and her brother did.  However, this ex might decide to be smart and start getting everyone he knows to do the same thing to try and get a rise out of your wife.  It will create a Social Media flame war for a while