Ohio Questions & Answers by Practice Area


Ohio Questions & Answers

Q: In the state of Ohio if a 16 year old is on probation can they move to another state with the other parent?

1 Answer | Asked in Child Custody for Ohio on Dec 18, 2014

Answered on Dec 20, 2014

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Matthew Williams' answer
Only with permission from the court and the probation department. Do not move, or, if you are the parent, do not take your child, out of state without clearing it with the court and the probation department. You may need to transfer probation to the new jurisdiction.

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Q: i was 15 when i got pragnant the dad was 19 and we got into some legal problems

1 Answer | Asked in Juvenile Law for Ohio on Dec 18, 2014

Answered on Dec 20, 2014

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Matthew Williams' answer
As long as his legal troubles are over with, and the no contact order is no longer in place, you should not have any legal difficulty in getting back together. Call the court to be sure any no contract or protection order has terminated.

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Q: In the state of Ohio is there a statue of limitations on collecting a red light camera fee

1 Answer | Asked in Traffic Tickets for Ohio on Dec 18, 2014

Answered on Dec 20, 2014

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Matthew Williams' answer
The statute of limitations concerns the time the state has to charge you with an offense, not how long they have to collect. There is no time limit on collections. The camera tickets are a civil matter. If you do not pay, it is likely your local jurisdiction will forward the matter to a debt collector.

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Q: i have a protection order on my ex but really need to talk to him in jail. How can i talk to him

1 Answer | Asked in Domestic Violence for Ohio on Dec 18, 2014

Answered on Dec 18, 2014

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Matthew Williams' answer
You can ask the judge to allow you to speak to him, but without court permission, he can't go near you. Speak with the prosecutor and a victim advocate. They may be willing to work out a meeting with the judge.

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Q: What is the statue of limitations on a fine in painsville

1 Answer | Asked in Criminal Law for Ohio on Dec 18, 2014

Answered on Dec 18, 2014

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Matthew Williams' answer
Your question is somewhat unclear. The statute of limitations refers to the time the state has to bring a charge after an offense is committed or the time a person has to institute a suit after a civil wrong is committed. If you were cited, ticketed, or indicted, you were charged then and there is no statute of limitations issue unless that happened long after the alleged offense. Once you've been cited and a fine has been levied, it will not go away over time.

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Q: Can my brother-in-law legally kick my sister out of his home? He says the house belongs to him and that she has to leav

1 Answer | Asked in Family Law for Ohio on Dec 16, 2014

Answered on Dec 17, 2014

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Matthew Williams' answer
This is going to be a fact specific inquiry into their relationship. She needs an attorney. It's possible he has the right to exclude her; it's possible he does not. That will depend on the specifics of their relationship, which should not be discussed online.

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Q: I file contempt on my childs mother for refusal to let me see our child, I I agreed to drop the contempt if our

1 Answer | Asked in Child Custody for Ohio on Dec 16, 2014

Answered on Dec 17, 2014

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Matthew Williams' answer
Sure, you can refile the contempt. If the court already witnessed the agreement, you can expect it to enforce it. Just make sure you do not appear vindictive. In these situations it is always the more reasonable party who wins in the end.

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Q: I have been raising my grandson since he was 5 months old, he is 4 now. His mother is threatening to take him away...

1 Answer | Asked in Family Law for Ohio on Dec 16, 2014

Answered on Dec 17, 2014

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Matthew Williams' answer
You should get an attorney to help you make it clear to her that she will lose all rights to own child if she doesn't straighten up and fly right. We don't just do adversarial stuff. Many of us are involved in helping people understand the situation, the options, and the consequences. Don't let her run you over. The mother is always in a strong position with regard to a child; however, if her life makes her a danger to the child, she is not invincible.

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Q: I call the police on my husband after a argument turned physical. He has a warrant for DV is it some way i could cancel

1 Answer | Asked in Domestic Violence for Ohio on Dec 17, 2014

Answered on Dec 17, 2014

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Matthew Williams' answer
No. You cannot cancel this. Your husband needs an attorney to start working on this ASAP. I've dealt with many similar situations. It is difficult to talk police and prosecutors down these days. Many, many women back up on their story and the simple fact is, most people now believe the first thing you say, not the second. Nevertheless, especially with the female on board, a good resolution is possible. Diversion programs can help men deal with alcohol and anger problems while also avoiding...

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Q: Civil Court Question

1 Answer | Asked in Civil Litigation for Ohio on Dec 15, 2014

Answered on Dec 16, 2014

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Matthew Williams' answer
Question 1: you need to respond within two weeks of the date of the postmark. Service by regular mail is considered complete when the mail is posted. Otherwise, people would just do what you want to do all the time, which is pretend they didn't get the thing for weeks.

Question 2: You can respond to motions that were improperly served by raising the issue of improper service with the court. The result will likely be that the court grants you extra time to respond and requires the...

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Q: Can you file a civil suit for child support arrearages?

1 Answer | Asked in Family Law for Ohio on Dec 15, 2014

Answered on Dec 16, 2014

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Matthew Williams' answer
I suppose you could; however, one court order is much the same as another. You already have one court order. If support is in arrears, your best bet is to bring this to the attention of the domestic relations or juvenile court that ordered the support.

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Q: If a judge says parents can visit there 7 year old son in a behaiverl health. Can children services over rule this.

1 Answer | Asked in Family Law for Ohio on Dec 15, 2014

Answered on Dec 16, 2014

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Matthew Williams' answer
Just like everybody else, CS has to obey court orders. However, it is not wise to ruffle their feathers without going through the proper channels. Go back to the judge, tell him or her what happened, and ask for order granting you visitation or hire an attorney to help you.

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Q: If a couple owns one condominiumI (one unit) do they have one vote or two votes in any business questions

1 Answer | Asked in Real Estate Law for Ohio on Dec 15, 2014

Answered on Dec 16, 2014

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Matthew Williams' answer
This will depend upon the Condo Assoc. Contract. Review your contract. It should indicate whether co-owners of a single condo have on vote or two.

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Q: I married someone in another state and never divorced him. Moved to another state and married some one else.

1 Answer | Asked in Immigration Law for Ohio on Dec 12, 2014

Answered on Dec 15, 2014

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Matthew Williams' answer
Whoa! too complicated for internet forums. You need to sit down with an immigration attorney ASAP and talk this through. If the USCIS people think you all lied to them, he could be deported.

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Q: Do I have any rights. If am paying child support

1 Answer | Asked in Child Support for Ohio on Dec 13, 2014

Answered on Dec 15, 2014

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Matthew Williams' answer
If you have a custody agreement, you have whatever rights you were given under the agreement. If you don't have one, you should get one sooner rather than later. It is possible that you could be ordered to pay child support and given no visitation rights, but not likely.

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Q: is it legal for a 18 year old boy to date a15 year old girl

1 Answer | Asked in Juvenile Law for Ohio on Dec 13, 2014

Answered on Dec 15, 2014

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Matthew Williams' answer
Dating is perfectly legal. Sex stuff is not. An 18 year old who does sex stuff with a 15 year old in Ohio commits a serious offense. Why do I say "sex stuff?" Because that's what I mean. Anything that involves removing clothing or touching areas of the body normally covered by clothing could be considered criminal. Kissing, holding hands, etc., ok.

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Q: how do I find out the status of a "bound over" trial?

1 Answer | Asked in Criminal Law for Ohio on Dec 13, 2014

Answered on Dec 15, 2014

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Matthew Williams' answer
Being bound over means that the case has been moved from a municipal court to the local county court of common pleas. This happens in many felony cases because the municipal court lacks jurisdiction to hear a felony. Contact your local common pleas court to get an update on the status. N.B., it may take several days before they have anything since the paperwork has be transferred over. Also, given that you are likely dealing with a felony charge, it is in the accused person's best interest to...

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Q: Hello I bought an item off someone and now they want it back. Do I have to give it back?

1 Answer | Asked in Contracts for Ohio on Dec 14, 2014

Answered on Dec 15, 2014

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Matthew Williams' answer
Unless your contract called for some kind of return policy, or the transaction was highly questionable, there is no legal basis to force you to return the item. Keep this in mind, a contract can be entirely oral. If you and I are talking and I say "hey, I really like that watch," and then you say "well, I will sell it to you for $50," and then I say "it's a deal," and then the money and the watch are exchanged, we do have a contract. Now, if it turns out later that I knew the watch is an...

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Q: me and my boyfriend stay together for 8 years. know we broke up whats the law"

1 Answer | Asked in Divorce for Ohio on Dec 12, 2014

Answered on Dec 13, 2014

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Matthew Williams' answer
Ohio does not recognize common law marriages. If you were never married, you break up and that's it. There is no divorce.

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Q: If you purchased a home,when you do not own any other properties will you have to pay capital gains taxes on the sale?

1 Answer | Asked in Tax Law for Ohio on Dec 10, 2014

Answered on Dec 11, 2014

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Matthew Williams' answer
Depends on how long you have owned and lived in the home and how valuable it is. See the following: http://www.irs.gov/taxtopics/tc701.html

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