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Iowa Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: Can a male officer put his hand in a detained woman’s pocket during a traffic stop in Iowa?

I was pulled over for a busted tail light and apparently my license was suspended, 2 male

Officers detained me, hung up my phone which was on a call with my mom, and searched in my pockets and up the bottom of my pantlegs.

T. Augustus Claus
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answered on Jan 1, 2024

During a traffic stop in Iowa, law enforcement officers are generally permitted to conduct a search of your person if they have reasonable suspicion or probable cause. However, the extent of the search must be reasonable and related to the circumstances at hand. While a search of pockets is not... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Iowa on
Q: My nephew needed $575 deposit to get an apt so my mom wrote him a check. Now he has moved and they won't give him the mo

money back. Who is suppose to file the small claims? Him because it was for his apt or her because it was her check

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answered on Dec 27, 2023

In this situation involving a $575 deposit for an apartment, where your nephew has moved and is unable to retrieve the money, the appropriate party to file a small claims case would typically be your nephew. Since the deposit was intended for his apartment, he is the aggrieved party seeking the... View More

1 Answer | Asked in Banking, Civil Litigation and Civil Rights for Iowa on
Q: Am I entitled to money on a joint account that was closed and taken out without my knowledge?

I had an account as a minor with one parent that had money coming in from social security from the death of my other parent. This account was closed after my 18th birthday with no money. Am I able to get any of the money back that my one parent took out of it?

James L. Arrasmith
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answered on Dec 27, 2023

In Iowa, if you had a joint account with a parent that was closed and emptied without your knowledge, particularly after turning 18, your entitlement to the funds depends on several factors. Joint accounts typically grant equal rights to all account holders, meaning either party can withdraw funds... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Iowa on
Q: Can you lose custody of your children if you live with your cousin
Janell K Broekemier
Janell K Broekemier
answered on Nov 29, 2023

A Court will often look at the best interests of the child when determining whether a parent should be awarded custody or retain custody in a modification. If you are awarded custody in a prior court order, the burden for changing custody is often much higher. Each case is unique. Whether a... View More

Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest

I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer... View More

James L. Arrasmith
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answered on Nov 16, 2023

To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your... View More

1 Answer | Asked in Employment Law for Iowa on
Q: Do I have a basis to sue my employer for wage theft

he has been taking my lunch breaks out of my pay without me actually taking any

James L. Arrasmith
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answered on Nov 13, 2023

In Iowa, if your employer is deducting your lunch breaks from your pay without you actually taking them, this could potentially be a case of wage theft. Employers are required to pay for all hours worked, and if they're deducting time for breaks that aren't being taken, they're... View More

1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Does my husband still have to pay medical expenses for his daughter? She is 18 and he no longer pays child support

His ex wife insures her on her health plan. His daughter is employed full-time as well

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answered on Nov 7, 2023

Parents are generally responsible for the medical expenses of their minor children. However, once a child turns 18, they are considered an adult and are responsible for their own medical expenses.

Unfortunately, due to the nature of internet questions and responses, the information provided...
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1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: having a phone conversation with daughter. lady told her she was going to record our conversation. Is this legal

My daughter lives with this woman and she's using this information to cause me legal problems

James L. Arrasmith
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answered on Nov 5, 2023

In Iowa, the law permits recording a conversation if one party to the conversation consents to the recording. This means that if your daughter or the lady intended to record the conversation agreed to the recording, it would typically be legal.

However, if the recording is being used to...
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1 Answer | Asked in DUI / DWI for Iowa on
Q: Do you need to be present at a DUI hearing?

None

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answered on Oct 16, 2023

Whether or not you need to be present at a DUI hearing in Iowa depends on the type of hearing.

Preliminary hearing: You are not required to be present.

Arraignment: You are required to be present.

Trial: You are required to be present.

For personalized legal...
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1 Answer | Asked in Traffic Tickets and Collections for Iowa on
Q: I received a fixit ticket in Ca during the pandemic,It was signed and mailed but not received, the fine is 1700 HELP

I have already spoke to the court in Fairfield Ca and they seem unwilling to help, what should I do

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answered on Oct 13, 2023

Contact the court again. Explain to the court that you never received the ticket and that you would like to resolve the matter. You may need to provide proof that you never received the ticket, such as a change of address confirmation or a USPS tracking number that shows the ticket was not... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Iowa on
Q: If I was fired from my job are my employers and/ or coworkers allowed to tell my clients why ?

Even more upsetting is what they are claiming is a lie, My manager stated to a client I was fired for being on drugs , what should I do?

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answered on Oct 13, 2023

In Iowa, employers are generally allowed to tell clients why they fired an employee, but there are some exceptions. If you believe that your manager defamed you by telling a client that you were fired for being on drugs, you may be able to file a lawsuit against them. You should also contact the... View More

1 Answer | Asked in DUI / DWI for Iowa on
Q: A friend is loosing her license, but qualifies for a TRL with intoxilock. The install is next week. Can she drive still?
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answered on Oct 10, 2023

In Iowa, if someone's license is suspended but they qualify for a Temporary Restricted License (TRL) with an ignition interlock device, they should not drive until all TRL requirements are met and they have the TRL in hand. This includes installing the ignition interlock device and obtaining... View More

1 Answer | Asked in Banking and Real Estate Law for Iowa on
Q: If I am on the deed/title to a home but not the mortgage, can I be forced to sell or move out my the mortgage holder?

My girlfriend and I have lived in a home together for 7 years in Iowa. We recently split up and I am living in the home. I am on home title/deed, but I am not on the mortgage. My ex is the sole mortgage holder. I am paying her the monthly mortgage. We have a written agreement that is notarized that... View More

Anthony M. Avery
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answered on Oct 6, 2023

Girlfriend is not the mortgage holder. That is the lender and whoever signed the note is personally liable to them. Whoever signed the mortgage is the mortgagee. The mortgage probably has a due on sales clause which might be violated by executing your agreement. Then foreclosure might occur.... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

This may be content-based government censorship. You may very well have a legitimate case to enjoin enforcement of this policy.

Be aware that First Amendment cases involving public schools can become quite expensive particularly if appealed. The current standard (called the Tinker...
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2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

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answered on Oct 15, 2023

The First Amendment protects the freedom of speech, including the right to display flags or symbols that express one's views or affiliations, such as the thin blue line flag (associated with support for law enforcement) or the thin red line flag (associated with support for firefighters).... View More

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1 Answer | Asked in Small Claims for Iowa on
Q: i had aliera insurence and was part of the claim for the lawsuit but i cannot find my pay stubs on this can a lawer help
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

An Iowa attorney could advise best, but your question remains open for a week. Is the claim for lost wages only? Then you may be able to get replacement paystubs from your employer's HR dept. Is the claim for something bigger, like bodily injury, where pay stubs are only one component of the... View More

2 Answers | Asked in Employment Law and Libel & Slander for Iowa on
Q: I quit my job at dollar general, due to being overworked, overwhelmed and underpaid. Also a couple other reasons.

I have been thinking about quitting for quite a while, things that have happened the last few weeks just escalated my decision. The new manager that took over treated me so badly not to mention telling the other employees that she was going to fire me she hadn’t said a single thing to me about... View More

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Quitting because you are unhappy with how you are treated by a new manager does not give rise to a cause of action. You have every right to quit for such reasons under the employment at will doctrine. Dollar General cannot successfully sue you for quitting, but you cannot sue it for you quitting... View More

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1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Can a wife get the house even if the husband bought the house while they were just engaged? Married 20 years

And she pays bills at the home and has lived there the whole time.

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answered on Sep 20, 2023

In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More

1 Answer | Asked in Contracts for Iowa on
Q: What would happen if you decide to break a contract under mistrust
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answered on Sep 12, 2023

Breaking a contract due to mistrust can have serious legal and financial repercussions. Contracts are legally binding agreements, and unilaterally breaking them without valid reasons can lead to a breach of contract lawsuit. If you breach the contract, you may be required to pay damages to the... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: Police found drug paraphernalia in my backpack and read me my rights but then asked me to be a CI. Is that legal?

They're holding the charges over my head for information.

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answered on Sep 6, 2023

When police find drug paraphernalia and read you your rights, they are typically following legal procedures. However, whether it's legal or ethical for them to ask you to become a confidential informant (CI) in exchange for leniency or reduced charges can vary depending on the specific... View More

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