Questions Answered by Kenneth J. Geniuk

Q: How do I locate a case in the court from three years ago?

1 Answer | Asked in Consumer Law for Missouri on
Answered on Oct 28, 2014
Kenneth J. Geniuk's answer
Go to www.courts.mo.gov/casenet and do a litigant name search. Or, go to the courthouse where your case was/is, and the court clerk can usually look up the case based on the names of the litigants.

Q: I am the co-owner of a dog and the other owner will not allow me access to her. What are my rights?

1 Answer | Asked in Animal / Dog Law for Missouri on
Answered on Oct 28, 2014
Kenneth J. Geniuk's answer
Animals are considered personal property. Unless you have been given unrestricted access to the other person's home, I would not recommend going into the home and retrieving the dog, as your entry into the home could be considered trespassing, which might get you in legal trouble. If you HAVE been given unrestricted access, then you would probably be okay retrieving the dog, as you can not be charged with stealing your own property. In any respect, I would not do anything until you discuss the...

Q: I want to report domestic violence but I don't want charges filed is this possible?

1 Answer | Asked in Domestic Violence for Missouri on
Answered on Oct 28, 2014
Kenneth J. Geniuk's answer
I do not know the particulars of your situation, but domestic violence is a serious matter that should not be taken lightly. That being said, a victim of domestic violence can request an order of protection from the circuit court, and the proceedings would be a civil matter, not criminal. If the domestic violence is reported to law enforcement, they will likely refer the matter to the prosecuting attorney, who will then determine whether to file criminal charges.

Q: How do I file a ccivil suit in Jackson County, Mo. this concerns matters due to a divorce aggreement.

1 Answer | Asked in Divorce for Missouri on
Answered on Nov 8, 2011
Kenneth J. Geniuk's answer
You'll need to file a motion for contempt, or a motion to enforce the settlement agreement, or perhaps both. As far as "how" to do it, you'll need to preapre the motion(s), making sure that the allegations are sufficient to state a cause of action. Also, there will be some other forms that need to be prepared and filed. If you do it on your own, the Missouri Supreme Court requires you to attend an online litigant awareness program.

I would not suggest doing it on your own. You really...

Q: How does property that was inharited work in divorce

1 Answer | Asked in Divorce for Missouri on
Answered on Nov 8, 2011
Kenneth J. Geniuk's answer
Property that is inherited is considered non-maritla property, and as such can not be awarded to the other spouse in a divorce. However, the court can take into consideration the value of the inherited property in dividing the remaining assets and debts, and in determining whether to award maintenance (what used to be called alimony).

Q: How do i contempt of court charges against my ex husband on money he owes me and titles he has not signed as ordered

1 Answer | Asked in Family Law for Missouri on
Answered on Apr 1, 2011
Kenneth J. Geniuk's answer
The first thing to do is check your court orders to see if the money he owes you was ordered to be paid, or whether it was in the nature of a judgment in your favor. If it was only a judgment, then you will need to garnish his wages, as a contempt remedy will probably not be available. Same thing with the titles he is supposed to sign; you need to check and make sure that he is in violation of actual orders from the court.

Assuming he IS in violation of court orders, you will need to...

Q: Can u see ur kids while getting a divorce .

1 Answer | Asked in Divorce for Missouri on
Answered on Apr 1, 2011
Kenneth J. Geniuk's answer
Absent some really good reason to the contrary, there is no reason why you should not be able to have parenting time with your children during the divorce proceeding. If your spouse is denying you visitation, you can file a motion with the court for temporary orders of child custody and visitation. If you do not already have an attorney to help you with this, I strongly recommend that you consult with one.

Q: Do I need a lawyer to sue for unpaid loans? I have all the proof necessary to show that this was a loan and not a gift?!

1 Answer | Asked in Collections for Kansas on
Answered on Mar 21, 2011
Kenneth J. Geniuk's answer
If you (the lender) are bringing the action as a business entity such as a corporation or LLC, then you must have an attorney. Otherwise you can bring your case without an attorney, but be careful in doing so, as you will be held to the same standards as an attorney, and will be expected to know the court rules, procedural law, rules of evidence, and so on. If the value of your case is small, you may want to consider small claims court, where neither party is allowed to have an attorney, and...

Q: Form for father to sign relinquishing parental rights state of missouri

1 Answer | Asked in Family Law for Missouri on
Answered on Mar 14, 2011
Kenneth J. Geniuk's answer
There is no "form" to sign relinquishing parental rights. The only way to terminate parental rights in Missouri is by court order, usually in a juvenile proceeding or an adoption proceeding. The father can consent to the termination of his rights, or to the adoption, but a court order is still necessary.

Q: His attorney requested medical records for divorce, do I have to release them to him?

1 Answer | Asked in Divorce for Missouri on
Answered on Mar 14, 2011
Kenneth J. Geniuk's answer
It depends. If the records are relevant to the case, then you may have to produce them, or sign an authorization allowing him to obtain them directly from the provider. Generally, though, medical records are going to be privileged, so you should object to the request. If he is insistent on getting the records, he will need to have a hearing and let the judge decide whether the records should be made available.

Q: What is the legal age a child can be left home alone in Missouri?

1 Answer | Asked in Family Law for Missouri on
Answered on Mar 14, 2011
Kenneth J. Geniuk's answer
There really is no set age at which a child may be left unattended in Missouri. It all depends on the maturity level of the child, his or her ability to make decisions, the length of time left alone, etc. You basically just have to use your best judgment. Be careful, though, because if something bad happens while the child is left alone, the Children's Division could investigate for failure to supervise (a type of neglect), and/or criminal charges could be filed for endangering the welfare of a...

Q: How is it that someonecan sue for civil rights when the other party was found NOT GUILTY in a criminal trial?

1 Answer | Asked in Civil Rights for Missouri on
Answered on Mar 14, 2011
Kenneth J. Geniuk's answer
It has to do with the burden of proof. In a criminal trial, the prosecutor must prove guilt "beyond a reasonable doubt" which is the highest burden of proof in any court case. So when someone is found "not guilty" in a criminal proceeding, it does not mean that the defendant was found to be innocent. Rater, it just means that that the prosecutor did not meet their burden of provin every element of the crime beyond a reasonable doubt. Conversely, in a civil trial the burden of proof is usually...

Q: I need to respond to a custody modification by today. How do I do it? Do I need a form or can it be just typed on paper?

1 Answer | Asked in Family Law for Missouri on
Answered on Mar 14, 2011
Kenneth J. Geniuk's answer
Most local court rules will require you to type your response to the modification petition. Generally you will go through each of the allegations contained in the motion to modify, and you will either admit or deny the allegations. You can admit part of an allegation, and deny the rest, but you must be specific. After you have answered each of the allegations, you will need to sign your response and have it notarized, then file it with the court.

If you did not file it on time, or if you...

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