/r/asklaw

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Rule 1. Research Law StackExchange with best endeavors, before posting something new(fangled). Don't repeat, or post anything Googleable.

2. Cite reliable sources.

No deprecated, potentially unreliable, questionable or self-published sources! Cite Wikipedia merely as a last resort. Don't play Devil's Advocate.

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Comply with Grice's Maxims, the principles of utmost good faith and fair dealing. Behave mannerly and regardfully. Write eloquently — no infelicities, profanity, solecisms, un-grammaticalities, or typos!

4. Questions shall be substantially interesting and publicly important. De minimis non curat lex!

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Moderators have absolute sole discretion. You accept all rules in submitting anything.

Posting Minimums = 1 month, 100 post karma, 100 comment karma, 200 combined karma.

/r/asklaw

3,908 Subscribers

1

Navigating mediation with an abusive co-parent

[non-US, Australia] Navigating mediation with an abusive co-parent

Friend of mine is in a pickle and doesn't have reddit but I spend a lot of time here and want to see if I can get some advice for her.

She has a lawyer, has started mediation, and has had the initial meetings with the mediator (alone before the first joint session Dec 5th).

Anything of note in her situation (such as purchasing a home) has been communicated to her lawyer and mediator as soon as they happened, she is petrified to do anything without first checking with the lawyer because he has withheld the children for 3 weeks in the past, and she doesn't want to give him any ammo to use against her. She's been advised not to advise him of the change of address until the joint mediation session so there can be a 3rd party present.

Despite doing everything "right" she is being harassed constantly by her ex. He has constant demands, undermines and belittles/disrespects her, and above all is constantly threatening her with big legal words he clearly has not had legal counsel about because if he did he would know he shouldn't be making threats or contacting her/asking her to sign any documents about anything without lawyers present etc

He was abusive mentally and emotionally abusive their entire relationship, which started when he was 21/22 and she was 17 btw, the relationship ended 2 years ago and he has done nothing but lie and manipulate and threaten her the entire time, which only got worse once she found a new partner, who shes now also had a child with which has ramped his unhinged behavior right up.

She is stressed out of her mind, freshly postpartum, and is constantly worried he is going to try take the kids from her because he's made it very clear he would, all whilst trying to paint himself as a gracious co-parent who "puts up with her bull crap".

I'm genuinely concerned for her and her children because I wouldn't be surprised if he was the type to harm the kids or her if mediation goes bad for him and he thinks they'll be taken away/limited from him in any way.

His most recent threat today is to say he wants her to sign a document restricting how far she can take the kids, with no legal council present, within 24 hours or he will move for an injunction. She's got no travel plans, I doubt he even knows what an injunction is fully and I doubt it would pass even if he did go forward for one.

Is there anything that can be done to protect her from him given they still need to have some level of communication etc for co parenting?

2 Comments
2024/11/13
10:18 UTC

2

Judge denied motion based on a minute order that she changed

Hawaii

  1. The minute order (Dkt #80) said future amended complaints need to be in Ramseyer Format or they will be denied.
  2. (Dkt #122) Judge denied (and struck) Second Amended Complaint even though it was in Ramseyer Format.
  3. Judge substantively changed the wording of the minute order (Dkt #80) and then relied on that changed wording to deny the Second Amended Complaint.

Both Documents are here with original and changed phrases highlighted: https://drive.google.com/drive/folders/1jnJK-I1MAMC4iwORMIul3J4WkHRncNa2

This is in the Circuit Court of the State of Hawaii, the highest court you can litigate facts in, how common is this?

1 Comment
2024/10/09
09:31 UTC

10

Employer won't approve unemployment.

I have a friend in Kentucky who is wanting to get unemployment. She works at a gas station and the owner of it said that if they take off work they will be replaced. Is there anything she can do to force him yo pay for her unemployment?

8 Comments
2020/04/21
16:57 UTC

11

Who is responsible in the US for making sure that US companies don't sell their goods to countries with laws against their goods?

9 Comments
2020/04/21
09:15 UTC

5

After a counterclaim, which party is the defendant/plaintiff...?

I sued my neighbor for ejectment because that neighbor's fence is located on my deeded property. But now that neighbor is asking to "supplement the precedings" by accusing me of negligence (not adhering to the HOA's rules in that same area) - so now I may have to fight the neighbor on two issues.

My questions are these: (1) While I am obviously the plaintiff as I brought the suit, would I not be the defendant in their countersuit? (2) How does this work, do I now hire a different attorney who works alongside the one I already work with?

Super Funny Relevant Edit: In Oregon... which party has the burden of proof in front of a twelve-person jury?

4 Comments
2020/04/20
21:29 UTC

4

How does one become a lobbyist?

I am not trying to become one but I am currently reading Republic Lost by Lawrence Lessig (Harvard Law Professor) and he discusses lobbying but obviously he doesn't discuss how one would go about to become one and I'm curious

7 Comments
2020/04/20
21:16 UTC

6

Can emergency services send a bill AND collect?

Long story short, I rented a uhaul to move. They installed a hitch for my explorer but set the wiring on the muffler(I have pics). The wiring melted and blew fuses and shorted out the uhaul trailer braking system. Axle caught fire on the highway. I had to call 911 and fire dept showed up and put the fire out. I was in nowhere Kansas. Uhaul took blame and towed my truck to town and switched out the trailer. I thought the issue was done, but a month later said fire dept sent me a bill for $570. I know I can TRY to get uhaul to pay. But since taxes pay for emergency services, can they sue me or damage my credit if I don’t address this bill? Do I have to pay?

EDIT: thought I would add an update. The insurance adjustor for uhaul has been calling every couple days. I can’t answer during work so I respond via email at night that email is the only form of communication available to me at the time. Claims rep has ignored every email and continues to call. I have emailed the contact us on their site requesting a new claims adjustor, but just get an email from my rep stating he hasn’t connected via phone. I email him back requesting his questions be asked via email. He continues to ignore my emails and just calls and leaves a message.

Am I required to speak to him via phone? Is there anyway to make sure this is done via email?

12 Comments
2020/04/20
00:32 UTC

3

When is it against the rules/law to upload videos that other people filmed?

Is it allowed when posting a police cam video?
And is it allowed when filmed from the person being arrested's camera?

Here are examples:
From cop's cam: https://www.youtube.com/watch?v=nVzKiZ6DfCY
From citizen's cam: https://www.youtube.com/watch?v=m_scZtwgEGo

Is this considered fair use or journalism or is it not allowed? . Is it breaking the rules/laws and would it be OK to upload a video from the citizen's cam, esspecially if they are critisizing them and they are arrested.

Another example is political stuff, like this. https://www.youtube.com/watch?v=utqHkvkrKWY&feature=emb_title It claims to be "education", but does this video fall into fair use?

2 Comments
2020/04/18
19:06 UTC

2

Can a business name include the word 'to' and then your logo use the number in place of the word?

2 Comments
2020/04/17
23:13 UTC

3

How do I get out of a lease?

Resources to get these type of information would be good enough.

9 Comments
2020/04/17
20:18 UTC

4

Management towing vehicles, no contact, no notice

Hello, management at my apartments is towing vehicles with no notice or attempt to contact... during this pandemic. The official justification so far has been "they haven't moved in a while."

I do not intend to recover my truck from the impound, because it was unjustly impounded. I intend to file small claims. Do I file for the value or the vehicle ($2,500), or for the costs incurred by the impound (few hundred if I sign it over, hundreds to thousands if I don't)?

Thanks guys.

4 Comments
2020/04/17
14:20 UTC

4

[US] Negligence in hospital

Hello, both of my grandparents have been in the hospital for COVID-19. My grandma has been sent home to quarantine and my grandfather is still in the hospital. The hospital they are in is a small town hospital who basically sends you out for everything, you break a leg, you go in the helicopter. They were supposed to send my grandma to a bigger hospital while she was in there and they wouldn't because, "they didn't have the proper PPE." So they left her in our hospital. Luckily she is doing better. However, my grandpa is doing horrible. He's on 15 liters of oxygen and not looking to good. They won't send him on the helicopter, and they sound like they're reluctant to even send him by ambulance, which would take 2 and a half hours. He needs to be transported out of our hospital, they know this, but they are afraid of doing anything because they aren't prepared for this. Just curious to how this sounds to someone else. I feel like this is very wrong. It is not our problem that they weren't prepared. I left out the best part. The ambulance didn't want to order the proper ppe to send her just in case she didn't have it. Even though the test was positive.

Thank you. Hopefully everything works out okay in the end, but this is ridiculous.

9 Comments
2020/04/15
15:05 UTC

3

[US] Is a ban on public gatherings unconstitutional based on the first amendment?

I know it's only temporary, and is for the public health, but can government really ban public gatherings? I see many articles of various religious groups being fined or arrested for assembling.

18 Comments
2020/04/15
10:29 UTC

1

Texas - deletion of Arbitration request

Verbiage kinda confusing, I was wondering if I do want to be able to sue do I sign this or do I not?

My assumption was I should sign in that case, but not entirely sure.

https://imgur.com/gallery/06XrBba

2 Comments
2020/04/14
20:22 UTC

1

are the companies that are bailed out by the government forced to pay back their money?

corporate bailouts with tax payer money are kinda unethical,are these companies at least forced to pay back the money they took?

22 Comments
2020/04/14
14:51 UTC

2

What is in-lieu-of-notice pay, and how does it differ from severance pay in its effect on California unemployment benefits?

0 Comments
2020/04/14
03:07 UTC

4

Why are Penny Presses legal?

I’m wondering why Penny Presses or other machines that compress pennies are legal. I’ve also seen people on the internet cut quarters, nickels, and pennies into unique shapes. I’m also wondering how that’s legal.

6 Comments
2020/04/14
00:11 UTC

3

[US] MA laws regarding political flags

My neighbor flies this huge, obnoxious political flag on their property. This is a neighborhood, without an HOA. Short of strongly worded letters or stealthily ripping it down myself, what can I do?

1 Comment
2020/04/13
23:39 UTC

2

Massachusetts, United States question about personal injury waivers

This question is rather controversial and may be upsetting to some readers. In the event consenting adults wish to engage in advanced sadomasochism, is there a standard consent form/personal injury waiver or does it need to be custom written? Of course the purpose of this would be to state the sadist(s) is/are not responsible for accidental long term injury, disability or what have you suffered by the masochist(s). Another purpose would be providing informed consent from the sound minds of all participants. Mainly, how likely would this be to work as a defense in court?

1 Comment
2020/04/13
20:38 UTC

2

chairs in NYC parks?

so... in theory. what would be the legal repercussions of picking up one of the folding chairs in union square park and bringing it home? would i simply be stopped? Who has the jurisdiction to stop me?

2 Comments
2020/04/13
16:09 UTC

3

Alcohol distillation

It is obvious from a cursory Google search that it is illegal to do: "distilling at home for personal consumption". I imagine the same is true for trying to sell it. My question is what if you don't intend to drink it. Rubbing alcohol is according to the bottle 70% alcohol. "Spirits distilled in pots top out between 60 and 80 percent ABV (after multiple distillations)." Even if a homemade still is on the lower end of that range I believe it would work in a pinch for all those uses of alcohol other than consumption. Some examples being: to clean minor cuts and scrapes, to disinfect stuff, to clean stuff very thoroughly, etc. What is the word of law on this subject?

7 Comments
2020/04/13
02:38 UTC

4

I am a High School senior and me and a bunch of buddies rented a house for after prom, they are refusing to give a refund after they canceled due to corona. Is there anything I can do about this?

In the contract the refund policy is as follows

“No refund will be given for storm, road conditions or electrical utility outages. No refunds will be given for dissatisfaction with any aspect of the rental. Since the company does not provide refunds for any reason it is recommended you obtain travel insurance”

I understand it says they do not issue refunds for any reason but I am just wondering if being in a global pandemic may void any of this, lmk what you think, and thank you. :)

11 Comments
2020/04/12
23:34 UTC

2

Am I allowed to recreate mods for games for free?

So I am currently working on recreating a plugin (Plugins are kind of mods for servers) for a game called "Minecraft". I saw an idea for a plugin on Youtube by some guys. They made the plugin originally. You can only download it, if you pay them money on Patreon (A site where you can support people. These people sometimes then give you a reward for supporting them.). I don't like it, when people do this, because in this scenario, the audience of the guys on Youtube is sometimes really young and kids shouldn't spend money on such things.

I programmed my own implementation of the idea and also added some extra stuff.

My question now: Would it be illegal, if I share my own implementation and the source code of it?

8 Comments
2020/04/12
19:46 UTC

3

If we don't patent things like vaccines, how do we keep others from patenting it instead?

Sometimes around these times debates pop up about some Companies wanting to patent the Corona Virus Vaccine, when they find it, which would allow them to make an absurd amount of money from it. Naturally people root for companies that don't want to patent it more, but if they find it and make the "recipe" for the vaccine public, how come nobody else just goes to patent it, since it's basically just floating around out there?

4 Comments
2020/04/12
19:31 UTC

2

Do I own my car?

So I paid off my car, and I still pay the insurance on it; however, the title is in my dad’s name. I had a falling out with him and he took my car away from me. Do I own the car if I paid for it? What’s the cheapest way to get it back if I can?

4 Comments
2020/04/12
18:20 UTC

4

Online liability regarding sex crimes (Canada)

So here's the run down,

My girlfriend is having a lot of anxiety over her viewing of Pornography on a widely known black and orange website. She's afraid of being arrested.

She fears that she saw a video containing CP because the age of the individual was ambiguous. I keep reminding her that it probably wasn't CP and that she didn't do anything illegal even if it was. It was an accident if it truly was what it was. On top of that, it would be on the website to provide legal distribution of pornography. It would make sense if she say downloaded the video and sold it elsewhere online, but that's not the case.

Can anyone help confirm or clarify the worry she's having?

3 Comments
2020/04/11
16:40 UTC

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