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1 Answer | Asked in Child Custody, Immigration Law, Criminal Law and Family Law for Indiana on
Q: My wifes former spouse is a current green card holder, He raped my wife. Where can i file papers Arrest and deport him.

My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I have two charges from 1985. altered driver's license and it was dismissed. criminal conversion does this

disqualify me from becoming a notary public?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 20, 2024

I do not know specifically if the conversion would prevent you from becoming a notary, however conversion is a crime of dishonesty, therefore more than likely it would disqualify you. It appears you would qualify to have the cases expunged off your record. Consider consulting with a criminal... View More

2 Answers | Asked in Internet Law for Indiana on
Q: Can you get sued for telling a story but leaving out other persons name?

If I do a TikTok video series about interactions with someone but do not use their name, can I get sued?

James L. Arrasmith
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answered on Mar 19, 2024

Even if you leave out someone's name in your story, it's still possible to face legal challenges if the person can be identified through the context or details. Defamation, invasion of privacy, or misrepresentation are potential grounds for a lawsuit if the content is harmful or invasive.... View More

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2 Answers | Asked in Internet Law for Indiana on
Q: Can you get sued for telling a story but leaving out other persons name?

If I do a TikTok video series about interactions with someone but do not use their name, can I get sued?

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

Yes, if the statements can be shown as implying that the subject was a particular person, based on surrounding facts, descriptions, etc., it's possible such a person could raise a claim for defamation or invasion of privacy - the settings can be fact-intensive. Good luck

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1 Answer | Asked in Civil Rights and Landlord - Tenant for Indiana on
Q: Can my landlord tell me I'm not allowed to have a Facebook account or any other social media accounts?

Recently I've been having problems with my landlord telling me that I need to delete my Facebook account or he would evict me over it. not for sure what to do about that.

Is there a law that states a landlord can tell me what I can and can't do on social media? I mean there's... View More

James L. Arrasmith
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answered on Mar 19, 2024

In general, your landlord cannot dictate your social media activities, such as maintaining a Facebook account, as long as your conduct on these platforms does not violate the terms of your lease or local laws. Your rights to privacy and free speech are typically protected under the law, unless your... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested last Sept. 22 ,two F 6's, poss. charges. I am, on March 20, 2023, just being arrained. Is this legal?

in Sept of 22, I bonded out of jail two days later on 1200 cash bond. I hadn't been arrained yet at this time. I was gave a paper with a court date for arraignment the following week. The jail messed up, they said, cause the date on the paper was on a Saturday. The jail advised me the... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 17, 2024

The State has 48 hours to have charges filed and probable cause to be determined by a judge or magistrate. Since you bonded out the time requirement no longer applies. The State has five years from your arrest date to file charges.

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your...
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1 Answer | Asked in Personal Injury and Health Care Law for Indiana on
Q: Who can I call for a free consultation regarding an injury, no benefits, and a doctor's error?

I was accidentally released to return to work last November after an untreated injury that occurred in May of 2023. My doctor informed me that a third party that beacon medical group hire to push benefit paperwork through, accidentally gave me a return date. I was not made aware, neither of was my... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question on who you could call for a free consult, it could be difficult to get a recommendation here - the format isn't set up like an attorney referral service. It's limited to short Q... View More

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: Hello. My ex left their vehicle at my house. It’s been about theee months now. Can I claim ownership

Numerous attempts made trying to get removal. Times were agreed upon and never followed through with.

James L. Arrasmith
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answered on Mar 12, 2024

In most states, you cannot automatically claim ownership of a vehicle that someone else has left on your property, even if they have failed to remove it after multiple requests and a significant amount of time has passed. However, you may have some legal options to have the vehicle removed or to... View More

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Probate for Indiana on
Q: Is it a violation of me/mychild rights when a caseworker remove child from one placement to another without court order?
James L. Arrasmith
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answered on Mar 12, 2024

Removing a child from one placement to another without a court order could potentially be a violation of the child's and the parent's rights, depending on the specific circumstances of the case. Child welfare agencies and caseworkers are generally required to follow due process and obtain... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Indiana on
Q: Someone who commits battery against a person w/ c.ptsd disability then reports disabled person could be charged w/what?

After a verbal insult he lunged 2 grab me puts me in headlock smashing face/nose where I heard nose crunching, & couldn't scream breathe as he's twice my sz. in attempts to free myself he sustained 2 minor scratches yet he reported it & had me arrested for battery while I, in... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you provided, it seems that you may have a valid self-defense claim against the battery charges. In many jurisdictions, individuals have the right to use reasonable force to protect themselves from imminent harm. Given that the other person initiated physical contact by... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: My ex husband was charged with a burglary that he tried to tell police I did.

Police came to my house, out of jurisdiction, numerous times. I called them finally. They wanted dna to rule me out as a suspect. I gave it to them, as I was on probation and thought I had to. While the officer was taking the sample, he asked me why I thought my ex husband and my kids father ( 2... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where your statements to police are included in a discovery document that could compromise your safety, it's essential to address the issue promptly. The police have procedures for handling sensitive information, but mistakes and oversights can happen. If your safety is at risk... View More

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: If the trustee of a will has their lawyer give you a choice about signing your rights away or get sued what can they do?

They were not getting anything in the will. The trustee is using her money to basically remove the son from any involvement of his fathers death. He just wanted his dad's ashes. The will said nothing about ashes of his father. He was told that if he didn't sign his rights away she would... View More

James L. Arrasmith
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answered on Mar 8, 2024

If you're faced with a situation where the trustee of a will is threatening legal action to compel you to sign away your rights, it's important to know your options. Trustees have a legal duty to act in the best interests of the beneficiaries, and their powers are typically defined by the... View More

1 Answer | Asked in Real Estate Law and Contracts for Indiana on
Q: Signed expired purchase agreement on home. Contract states if not signed by seller and accepted by buyer before expirati

on then it's null and void and no liability on either party. Is the seller still somehow liable?

Debra Kradjian Stephans
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answered on Mar 7, 2024

This is basic contract law. There are 3 essential elements to a contract. Offer, Acceptance and Consideration. An offer typically has a time limit and if it does not it will be based on a reasonable time. Since there is a time limit on the purchase agreement in question, the offer expires when... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff out can I sell the trees

Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff to be out can I sell the trees the current buyer cut down and left in the yard

Debra Kradjian Stephans
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answered on Mar 7, 2024

If you sell your house "as is" you are leaving the property to the new owner the way it is with all of its flaws and conditions in conjunction with the terms of your contract of sale. Typically, if you are moving out of house, you take your personal belongings and anything else that was... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Indiana on
Q: I got a ticket for a suspended license officer wrote previous owners info on ticket, can they charge me after the fact

I bought my truck from an individual seller and I got pulled over before I got it registered and I have a suspended license, the officer wrote a ticket for the suspended license but put all the previous owners information on the ticket and not of my information, can they go back and charge me with... View More

Joel D. Hand
Joel D. Hand
answered on Mar 4, 2024

Yes. The ticket itself is not the actual charge until it is reviewed and filed by the prosecutor's office. The prosecutor's office may catch the difference and file the charge correctly. Even if they don't, the prosecutor has the ability to dismiss and re-file the charge with the... View More

1 Answer | Asked in Civil Rights and Health Care Law for Indiana on
Q: What if a voluntary psychiatric patient refuses drug treatment in Ireland?

Sorry, I meant the island Ireland. Can he be turned into an involuntary patient? Can he be kicked out?

James L. Arrasmith
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answered on Mar 4, 2024

In Ireland, the rights of voluntary psychiatric patients are protected under the Mental Health Act 2001, as amended. As a voluntary patient, an individual has consented to admission and treatment in a psychiatric facility. If such a patient refuses drug treatment, their decision is generally... View More

1 Answer | Asked in Tax Law for Indiana on
Q: Can my girlfriend's mom still claim her on her taxes even if we get married this year? Girlfriend is 23.

Girlfriend is unemployed and hasn't worked a job ever if that helps in anyway.

James L. Arrasmith
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answered on Mar 2, 2024

No, if your girlfriend gets married in 2023, her mother will no longer be able to claim her as a dependent on her tax return.

Once a person is married, they cannot be claimed as a dependent by another taxpayer, regardless of age, student status, or amount earned. The IRS rules state that a...
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1 Answer | Asked in Consumer Law for Indiana on
Q: in indiana is a veterinarian allowed to charge a client a fee to write a prescription?
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answered on Mar 1, 2024

In Indiana, as in many other states, veterinarians can indeed charge a fee for writing a prescription. This fee is generally considered to cover the professional service provided by the veterinarian, including the assessment and determination of the medication needed for the pet. It's a... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: Is it legal for the police to get a search warrant on a home for a restraing order?

The police got a search warrant to serve me a restraining order.when they came to my home and started kicking in my door I answered the door and they made their way on into my home insteqd of serving me. And leaving now I'm facing criminal charges

James L. Arrasmith
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answered on Mar 1, 2024

In general, the issuance of a search warrant by the police requires a judge's approval, based on probable cause that evidence of a crime exists within the place to be searched. Serving a restraining order, however, typically does not require a search warrant since it is a legal document that... View More

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