Ohio Questions & Answers by Practice Area


Ohio Questions & Answers

Q: I have a green card since 2011and I just went to back home 1 time since those 3 years and I need to go in this summer to

1 Answer | Asked in Immigration Law for Ohio on Feb 27, 2015

Answered on Mar 1, 2015

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Matthew Williams' answer
You have to maintain "continuous residence" for a period of time prior to filing an application. Absences of six months or more can interrupt. Provided you are not planning on being away for six months or more, and your previous trip was less than 6 months, this should not be a problem. Note, however, that you also must reside in the US for the three months preceding your actual application. So, if you leave the country close to the time you want to file the application, you may experience a...

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Q: I just turned 19 and my bf is 16 turning 17 this year. We both live in OH Can I get in trouble if we choose to have sex?

1 Answer | Asked in Juvenile Law for Ohio on Feb 27, 2015

Answered on Mar 1, 2015

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Matthew Williams' answer
Legally, no, not really. The age of consent is 16 in Ohio. There are a whole host of other problems you could have.

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Q: I was in a relationship that involved domestic abuse.His father (not the abuser) is filing 4 sole custody will he win?

1 Answer | Asked in Family Law for Ohio on Feb 28, 2015

Answered on Mar 1, 2015

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Matthew Williams' answer
It is impossible to predict the outcome. If the father is able to provide a stable home environment away from a potentially abusive parent, he will certainly have some leverage. If the child has had discipline problems, that too will work in his favor. However, nothing you describe suggests to me he will be able to keep you from having joint custody, and/or visitation. Courts are extremely hesitant to terminate a parent's right to see her child. You should work with a lawyer to prepare and...

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Q: Are mandatory school activities legal on Sundays if given only an 18 hour notice.

1 Answer | Asked in Education Law for Ohio on Feb 28, 2015

Answered on Mar 1, 2015

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Matthew Williams' answer
I'm not aware of any law the band director would be violating here, but the school likely has a host of administrative rules that may have been broken. I would take this matter up with the principle and/or school board. I suspect they will agree this is not fair.

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Q: My 17 year old was in an accident. The peron in front of her slammed on breaks and she slid on ice into other lane

1 Answer | Asked in Traffic Tickets for Ohio on Feb 26, 2015

Answered on Feb 27, 2015

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Matthew Williams' answer
You may be able to get a reduction to help avoid points and a possible license suspension for your daughter. An attorney can be helpful in that regard. She needs to understand the law. Drivers are required by law to maintain enough distance between them and the next vehicle to stop should they stop for any reason. It's up to the driver to be aware of road conditions. On icy roads, it is appropriate to leave a lot more space and drive a lot slower.

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Q: Can Big Bird run for President?

1 Answer | Asked in Constitutional Law for Ohio on Feb 26, 2015

Answered on Feb 27, 2015

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Matthew Williams' answer
This is just silly. Big Bird isn't real.

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Q: If someone assaults you in their home and does not allow you to leave what can they be charged with?

1 Answer | Asked in Injury Law for Ohio on Feb 26, 2015

Answered on Feb 27, 2015

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Matthew Williams' answer
The most likely charges are assault and kidnapping.

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Q: I received a NOTICE OF COURT PROCEEDING TO COLLECT DEBT. What happens after I fill out the Payment to Avoid Garnishment

1 Answer | Asked in Collections for Ohio on Feb 22, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
If agree to their payment terms, and make your payments, they will not seek a garnishment, which is a court order requiring your employer to give some of your paycheck to them before it ever gets to you.

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Q: If your 19 and your boyfriend 17 and u about to have a baby by him can U get in trouble

1 Answer | Asked in Juvenile Law for Ohio on Feb 23, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
Define trouble. You haven't broken any laws as far as I can tell, and neither has he. The age of consent is 16 in Ohio. You are, however, going to be a lot of trouble with your parents, if they care about you. You are going to have to raise a child. Your boyfriend is likely to skip out on you at some point. There could be custody issues, if you are not married. Etc. etc. etc., so yes, you are, in a sense, in trouble, but there is no crime here as far as I can tell.

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Q: Can a 15 year old get emancipated in ohio without marrage or enrolling in the military from their parents

1 Answer | Asked in Juvenile Law for Ohio on Feb 23, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
There is no process for emancipating a child in a Ohio. The courts can find that a child is emancipated, but that means you are already in court for something else, typically because your parents have sought to have you forcibly returned to their custody, and you must show full time employment, which you can't get at 15, and that you are looking after yourself.

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Q: Can a court deny a trial because the accused missed a court hearing?

1 Answer | Asked in Criminal Law for Ohio on Feb 24, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
A criminal trial? No, the accused in a criminal case has a constitutional right to trial. In civil cases, missing court can result in default judgments, which are hard to fix.

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Q: Insurance company sues after leaving USA. What are the immigration consequences on next visit?

1 Answer | Asked in Immigration Law for Ohio on Feb 24, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
A civil suit should not affect your admissibility; however, if you are sued and do not show up for court, the court will enter a default judgment against you and you will owe the 25K. Upon your return, the now very frustrated lawyers will claim you left the country to evade the judgment. The court will probably believe them, and come after any money you have in US bank accounts, US registered property, and your wages. Get a lawyer and get things sorted out before you leave, or at least leave...

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Q: I am 18 in exactly 4 months. I have a job and I do online schooling. What stands in the way of me being emancipated?

1 Answer | Asked in Juvenile Law for Ohio on Feb 24, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
Ohio has no law allowing children to become emancipate through some form of application. The courts will occasionally find that a child is emancipated, but there's a problem with that. In order for it to happen, you have to already be in court, which is a real pain. Furthermore, to be found emancipate, a child must be working and supporting his or her self. Living with your boyfriend making just $700 is not going to cut it. Wait the 4 months, then you can do whatever you like, or get your...

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Q: can I use an established corporation as my sole proprietorship?

1 Answer | Asked in Tax Law for Ohio on Feb 24, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
You can incorporate as an LLC or C, but you cannot use someone else's. I'm the sole member of Matt Williams, LLC. It's unclear what is really going on here though. Who is this someone, and why do you believe it is your corporate name, if you are not yet incorporated? That would seem to indicate it is their corporate name.

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Q: If I'm 16 and the guy im with is 20 is it legal to be with him if my parents do not allow it

1 Answer | Asked in Juvenile Law for Ohio on Feb 24, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
Yes, and no. There is nothing illegal about dating a 20 year old man when you are 16. It's a terrible idea, but that's a different conversation. However, the law also requires you to obey your parents within reason. It is reasonable for them to insist you not date an adult male. If you persist in disobeying them, they can punish you. If you really persist, you could be adjudicate unruly or delinquent by a juvenile court and face court orders requiring you to do a lot of inconvenient stuff. In...

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Q: Does a temporary guardian have to give your baby's belongings back you got from your shower you let use wen you get her

1 Answer | Asked in Family Law for Ohio on Feb 24, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
If the property was given to you as a gift, and the understanding when you gave it back was that this was a temporary arrangement and that the property would be returned to you once you regained custody. It's still yours and she is just borrowing it. This reminds me of a memorable court judgment in which the judge refused to order the return of an engagement ring when the couple broke up. Once someone gives you a gift, the item becomes your property. They can only get it back, if you give it...

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Q: How do I get on this Nestle Purina lawsuit. I have lost 2 dogs since October. I recenlty changed to Beneful from IAMS

1 Answer | Asked in Injury Law for Ohio on Feb 25, 2015

Answered on Feb 25, 2015

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Matthew Williams' answer
Find out who the lawyers are handling the case and give them a call. They will do a consultation to determine if you are a member of the class of people they are representing. If you've got good evidence of more dogs being injured by the product, they will want you in.

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Q: i have a probation violation from 1988, i was adjudicated when i was 17. time limits to prosecute?any case law? thanks

1 Answer | Asked in Criminal Law for Ohio on Feb 20, 2015

Answered on Feb 24, 2015

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Matthew Williams' answer
What you need is a Florida attorney. This is posted in Ohio. There generally is not a statute of limitations issues as your not showing up when summoned tolled or paused the clock. However, there may be a jurisdictional issue as most juvenile courts lose jurisdiction at a certain age, often in a person's twenties.

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Q: My brother was charged with his third dv. He has not been in any trouble in 10/15 years.

1 Answer | Asked in Domestic Violence for Ohio on Feb 22, 2015

Answered on Feb 23, 2015

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Matthew Williams' answer
Did the grand jury indict him? If the grand jury indicted him, he has been charged and will go through the whole trial process to determine whether is guilty or not guilty. If he is found guilty of felony domestic violence, he will likely serve jail time. He should hire an attorney to help him ASAP.

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