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Hawaii Questions & Answers
1 Answer | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Constitutional Law for Hawaii on
Q: If the Attorney General turns a blind eye to serious issues among multiple non profits serving homeless what can I do?
James L. Arrasmith
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answered on Dec 17, 2023

If you're concerned that the Attorney General is not addressing issues with nonprofits serving the homeless, there are several steps you can take. First, document your concerns clearly and comprehensively. This should include specific instances of the issues you've observed, along with... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Identity Theft for Hawaii on
Q: My x-husbands wife has been writing crazy sounding msgs to my parent’s & others as me, by way of spoofing my number.

For the past 13+ years my x-husbands wife has been spoofing my phone number & writing crazy sounding messages, as me, to my parents, bosses, landlords & posed as me when she called my bank to obtain checks to my equity line which she proceeded to steal $171,000.00 for herself by giving my... View More

James L. Arrasmith
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answered on Dec 5, 2023

Your situation involving identity theft and spoofing by your ex-husband's wife is both serious and legally complex. The first step is to gather as much evidence as possible. This includes phone records, messages sent, and any other documentation that can help establish a pattern of behavior.... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and White Collar Crime for Hawaii on
Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?

2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me... View More

Mark Simonds
Mark Simonds
answered on Nov 28, 2023

What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt.

Typically, if you are advised of your...
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2 Answers | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Hawaii on
Q: I need to get my trademark registered back in my name ASAP
James L. Arrasmith
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answered on Dec 4, 2023

To regain a trademark that was previously in your name, the first step is to understand how and why the trademark is no longer under your ownership. If the trademark was inadvertently abandoned or transferred to someone else, the specific circumstances will dictate the course of action.

If...
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2 Answers | Asked in Bankruptcy for Hawaii on
Q: When should an individual file for bankruptcy?

I have unpaid debts and owe money to my former landlord from my business which lost a lot of money during COVID and never recovered.

James L. Arrasmith
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answered on Nov 15, 2023

Filing for bankruptcy is a significant decision that depends on various factors. If your debts are overwhelming and you can't foresee a way to pay them off, bankruptcy might be a viable option. It can offer relief from debt collectors and provide a fresh start. However, it's important to... View More

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1 Answer | Asked in Criminal Law for Hawaii on
Q: Is it alright to use an airhorn to deter someone when they are getting aggressive?

There is this person who I've had words with that often times starts arguments from nothing, i.e. minding my business than they show up to yell about something. If I've had history of this person being verbally aggressive to start fights, can I use an airhorn as a way to fend them off?

Mark Simonds
Mark Simonds
answered on Nov 12, 2023

You are better off filing an ex Parte Petition for a Temporary Restraining Order, pursuant to Section 604-10.5 of the Hawaii Revised Statutes.

Once filed, and, if granted, follow through with service and attend the court hearing.

The self-help center of your local courthouse can...
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1 Answer | Asked in Collections for Hawaii on
Q: Can a repo person take your vehicle if your gate was closed?

A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given.

James L. Arrasmith
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answered on Nov 9, 2023

Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points:

- Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: How many diazepam can a person legally have?
T. Augustus Claus
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answered on Oct 13, 2023

There is no legal limit on the number of diazepam pills a person can possess in Hawaii. However, diazepam is a Schedule II controlled substance, which means that it has a high potential for abuse and addiction. As a result, it is important to only possess diazepam if you have a valid prescription... View More

Q: I live right across the street from a office building no more than 50' away have gas leaf blow dust rubbish leafs legal

What is the revised status for a gas powered leaf blower to be used every mourning at 10am mon-sat blowing mostly dust and dirt very little leaves. What are my rites as a resident within 50 feet of my apartment.

James L. Arrasmith
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answered on Oct 15, 2023

Laws regarding the use of gas-powered leaf blowers vary widely depending on the specific jurisdiction, city, or even neighborhood regulations. Generally, local ordinances or regulations govern the use of leaf blowers, including their operating hours and noise levels. It's essential to consult... View More

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1 Answer | Asked in Business Law and Real Estate Law for Hawaii on
Q: To fill a vacancy on the condo BOD, the directors plan to appoint a person to serveuntil February 2025. Is it legal?

Until a year after the next annual meeting of owners in February 2024.

T. Augustus Claus
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answered on Sep 27, 2023

Board of Directors (BOD) appointments in a condominium are generally guided by the association's bylaws and applicable state laws. If the bylaws permit the BOD to appoint someone until the next annual meeting, this could be permissible. However, this would need to be cross-referenced with... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: I was arrested and charged with UCPV bail set$12,000 I didn’t steal vehicle it was given to me as a gift by a friend

How can I get charges dismissed

Mark Simonds
Mark Simonds
answered on Sep 24, 2023

There are situations in life where an attorney is not a luxury, but a necessity. This is one of those times as Unauthorized Control of a Propelled Vehicle in Hawaii is a serious felony. Based on your question you may have a potential defense (Lack of intent) that may be worthwhile to discuss with... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Can an HOA in Hawaii pass new CCR’s to prevent the subdivision of land that was allowed by the county.

Existing 7 lot subdivision with 4 lots built on. The original developer kept on large lot planning to subdivide in phase II. Newly created lots would be similar size about 5 acres. HOA recently added a new CCR stating no lot could be subdivided.

T. Augustus Claus
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answered on Aug 24, 2023

In Hawaii, homeowners associations (HOAs) generally have the authority to establish and enforce certain rules and restrictions through their covenants, conditions, and restrictions (CCRs). However, whether an HOA can pass new CCRs to prevent the subdivision of land that was previously allowed by... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Hawaii on
Q: Can my husband with out my permission use video recordings of me acting out after he provoked me into getting fired up
T. Augustus Claus
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answered on Aug 16, 2023

In Hawaii, as in many states, the use of video recordings without consent can be a complex legal issue. While laws can vary, generally speaking, recording someone without their consent in situations where they have a reasonable expectation of privacy may raise legal concerns.

1 Answer | Asked in Trademark and Intellectual Property for Hawaii on
Q: is splash bag trademarked?
James L. Arrasmith
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answered on Aug 6, 2023

To determine if "Splash Bag" is trademarked, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database or other relevant sources to check for existing registrations or pending applications for the term "Splash Bag." This search will... View More

2 Answers | Asked in Traffic Tickets for Hawaii on
Q: Should I say YES or NO to the traffic violations on my oath ceremony?

Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?”

I got cited couple months ago for having expired insurance, but when I attended the court date they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Supplemental response: if the question is: "Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?” you should answer truthfully. You have been cited, if it... View More

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2 Answers | Asked in Traffic Tickets for Hawaii on
Q: Should I say YES or NO to the traffic violations on my oath ceremony?

Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?”

I got cited couple months ago for having expired insurance, but when I attended the court date they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

What Oath Ceremony? Citizenship? Police force? Usually traffic citations are not considered crimes that you have to report on taking an oath regarding pending criminal actions. Usually they are infractions, unless it is a DUI or a misdemeanor. I really cannot say without knowing what kind of... View More

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1 Answer | Asked in Domestic Violence, Internet Law and Libel & Slander for Hawaii on
Q: My ex's brother is clinically insane, obsessed with me (cause he finds me a threat) and threatens to ruin my life by con

My ex's brother is clinically insane, obsessed with me (cause he finds me a threat) and threatens to ruin my life by contacting my work, landlord, other ex's, etc.

The most recent incident resulted in the brother being flown back to the mainland with his parents.

I live... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 5, 2023

Note that I am not an Hawaii attorney. Based on your narrative, it sounds like you likely have grounds for a protection order (assuming HI has anti-stalking protection orders). However, barring your stalker from an island is going to depend on facts that you have not shared. In Ohio, for... View More

1 Answer | Asked in Family Law and Child Custody for Hawaii on
Q: If I have split custody of my Son and don’t want him receiving vaccines how does that work in Hawaii

Me and mother disagree on vaccines and share legal custody 50/50. She has full physical custody.

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

You theoretically can ask the court that issued your custody order to give you the exclusive right to make the decision about vaccinations, or all non-emergency medical decisions, for your child.

But you will need to produce some pretty compelling medical evidence that your child has some...
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1 Answer | Asked in Domestic Violence, Divorce and Family Law for Hawaii on
Q: Can a person live just outside the protective area of a Tro from the filers home address?

My soon to be Ex wife assaulted me, was arrested. I placed a Tro against her. She moved into her friends house just 20 yards past the 100 yards no go zone for my home. I can’t drive out of the neighborhood or take my kids to park with being forced into the 100 yard zone. And she has been... View More

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I do not practice law in Hawaii so i can only speak to general principles of law. Typically restraining orders limit the activities of the respondent or person who is being restrained by the order. It sounds like you are person being protected by the order (often called a petitioner). Does the... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have lived on land in Hawaii for 26 years without a hitch. How do I prove it? To whom shall I file my proof?
John Michael Frick
John Michael Frick
answered on May 3, 2023

File a lawsuit to quiet title by adverse possession against the person with legal title based on what is recorded and against anyone else claiming an interest or lien to the property.

Give your attorney documents, photographs, and the names of witnesses that can show you have in fact been...
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