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Questions Answered by Israel Piedra

1 Answer | Asked in Family Law for New Hampshire on

Q: I am 13 years old,am I allowed to go to court to support my family member?

Israel Piedra answered on May 30, 2019

Anyone is allowed in a courtroom. It is open to the public, with certain very limited exceptions. I'm not sure I understand your question.

1 Answer | Asked in Real Estate Law for New Hampshire on

Q: My neighbors tree has large branches over hanging onto my property. Can I legally cut them if it’s their tree?

Israel Piedra answered on May 28, 2019

There is no clear answer to this question in New Hampshire, surprisingly. The Vermont Supreme Court case of Alvarez v. Katz has some guidance (Vermont law): https://law.justia.com/cases/vermont/supreme-court/2015/2014-385.html.

Practically speaking, if you cut without permission, you are...
Read more »

1 Answer | Asked in Child Custody for New Hampshire on

Q: Is alcoholism grounds for loss of child custody?

Husband is intoxicated and unsafe with children but refuses to leave home. What do I do? I am afraid he will get partial custody if i take it to court and I'm terrified of my kids being in his care while under the influence

Israel Piedra answered on May 28, 2019

That would certainly be a factor in a custody (parenting) determination. However, courts tend to want both parents involved in the children's lives. Without documented abuse, it is difficult to fully terminate parental rights. If the alcoholism is well documented (arrests for DUI, etc.), you MAY be... Read more »

2 Answers | Asked in Personal Injury for New Hampshire on

Q: I slipped, fell, and hit my head outside my local cafe because they didn't properly shovel the snow last January.

Can I sue them?

Israel Piedra answered on Apr 20, 2018

The short answer is: anyone can sue anyone for anything. The longer answer: you would need to show that your injury is a result of negligence in order to prevail. You should speak with an attorney. Most attorneys would only be willing to take on your case on a contingency fee basis if the... Read more »

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1 Answer | Asked in Appeals / Appellate Law for New Hampshire on

Q: If you lose an appeal can you appeal again?

Israel Piedra answered on Mar 9, 2018

Most likely, no.

1 Answer | Asked in Divorce for New Hampshire on

Q: I received a complaint for divorce. Is my husband required to pay for my attorney if I have no money?

I was served the complaint without the delivery service verifying my identity or getting a signature. Complaint states I have 20 days to respond but the attorneys office stated I have 30 days. The attorney has not returned my calls. I live in New Hampshire, my husband is a resident of Wyoming, we... Read more »

Israel Piedra answered on Mar 6, 2018

No

2 Answers | Asked in Child Custody, Divorce and Family Law for New Hampshire on

Q: Can I immediately file for an annulment OR divorce in New Hampshire by moving there and/OR establishing residency there?

Also if you have dual residency how would that affect UCCJEA?? My "spouse" claims he'll agree to a jurisdiction waiver.... We've been seperated well over 2 years. I want this done and over with ASAP!!

Thank you tremendously for any information or feedback! It's greatly appreciated!!

Israel Piedra answered on Aug 8, 2017

One of the following must apply to file for divorce in New Hampshire: 1) both parties live in New Hampshire, 2) the petitioner (the spouse starting the divorce action) has lived in New Hampshire for one year, or 3) the petitioner lives in New Hampshire and their spouse can be served with divorce... Read more »

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1 Answer | Asked in Criminal Law for New Hampshire on

Q: Someone trespassed (broke into) into my apartment and I have them on camera. What do I do to file a burglary charge?

They used a library card to open entry and they left the card on my kitchen counter. I have them on camera.

Israel Piedra answered on Aug 8, 2017

Go speak to your local police.

1 Answer | Asked in Health Care Law and Medical Malpractice for New Hampshire on

Q: My husband is in need of surgery for a golf ball size tumor is being sent to Boston. We just found out about this tumor

4 days ago. Apparently, 6 months ago when he went to ER for same symtoms the CT scan showed the rumor then only it was 1 cm smaller. We where never informed about the tumor then. Had we been told then it may have had a different outcome as far as dynamics of surgery or treatments. Is this something... Read more »

Israel Piedra answered on Aug 2, 2017

Yes. You should certainly talk to an attorney. This is a possible case of medical malpractice, though of course a lot more investigation is necessary.

1 Answer | Asked in Small Claims for New Hampshire on

Q: I am the Defendant in a small claims action filled by a person in Hampton NH for work I performed on a garage, convertin

a portion of a garage into an apartment. I was paid in full for the work I performed. Plaintiff filed suit claiming that an inspection was performed and the work was failed. I obtained a copy of the building inspector file and found that she lied about the inspection and that the work on the... Read more »

Israel Piedra answered on Mar 2, 2017

Even if everything you state above is true, you still need to prove it in court. If it's a significant amount of money, it may be worth hiring an attorney.

1 Answer | Asked in Business Formation for New Hampshire on

Q: Can a medical doctor create a corporation with a physical therapist in New Hampshire?

Israel Piedra answered on Feb 22, 2017

The medical doctor may wish to check with a licensing board to see if it would violate any professional or ethical rules.

1 Answer | Asked in Medical Malpractice for New Hampshire on

Q: Can I sure the hospital for giving me narcan when I have never done any opiates? I had a concussion & brain hemmorging.

Israel Piedra answered on Feb 22, 2017

Call an experienced malpractice lawyer if you think you may have a claim. Abramson, Brown & Dugan in Manchester have a reputation as the best in the state for medical malpractice. http://www.arbd.com/

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on

Q: What are some reasons why an appellate court might not agree to hear an appeal of a personal injury case (premises

liability)?

Israel Piedra answered on Feb 15, 2017

If you're talking about the New Hampshire Supreme Court, most appeals (including personal injury cases) would be "mandatory," i.e., the Supreme Court would always accept the appeal, assuming the correct procedures are followed. The Court might not hold oral argument in every case, but they would... Read more »

1 Answer | Asked in Traffic Tickets for New Hampshire on

Q: Is passing a parked school bus in a parking lot a violation?

The buses were lined up along the front of the school, in the parking lot, loading students. The school parking lot is opposite where the buses line up. I was pulling into a parking spot. There were no pedestrians anywhere in the lot. The school resource officer ran over and said he was writing me... Read more »

Israel Piedra answered on Jan 3, 2017

Tell this to the judge. Sounds like you have a pretty good argument.

1 Answer | Asked in Criminal Law for New Hampshire on

Q: What is the statute of limitations for filing CRIMINAL charges against the adult molester of a child 10 or younger?

Israel Piedra answered on Dec 8, 2016

For criminal actions, the statute does not expire until 22 years after the victim's 18th birthday. (RSA 625:8)

A civil action may be brought within 12 years of the victim's 18th birthday (RSA 508:4-g)

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on

Q: how do you appeal a final decision from dover new hampshire district court

Israel Piedra answered on Oct 9, 2016

Typically, you would file a motion to reconsider first in the district court, within 10 days of the district court's final decision.

You have 30 days from the date of the district court's decision to the Supreme Court. An attorney can help you determine whether you have any appeallable...
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2 Answers | Asked in Small Claims and Contracts for New Hampshire on

Q: My husband helped someone move and now they are saying he broke something. Do we have to pay? He says he didn't break it

He helped a neighbor move to be nice. She said he broke the ac, which is 6+years old. Both said it was working when he left. She said it worked until she unplugged it. She's threatening a lawsuit.

Israel Piedra answered on Sep 28, 2016

He doesn't HAVE to pay anything until a Court orders him to. If the A/C is really that old, it's probably not worth much and I find it unlikely that someone would file a lawsuit (and pay a filing fee) for such a small amount. Even if they did file a lawsuit, they'd need to prove negligence or... Read more »

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1 Answer | Asked in Family Law for New Hampshire on

Q: I am a grandmother who has been denied any kind of contact with my grandchildren for the past 10 yrs.

Can I file a civil rights lawsuite against my ex son-in-law and his now (wife) They have caused me much pain and suffering over the past 10 yrs by not allowing any form of contact with my grandchildren. One grandson is over the age of 18 and the other grandchild (female) will be 18 in Sept.The... Read more »

Israel Piedra answered on Aug 3, 2016

You should consult with a Connecticut attorney or post on the Connecticut board. In New Hampshire, grandparents can petition the court for visitation rights: http://www.gencourt.state.nh.us/rsa/html/xliii/461-a/461-a-13.htm

1 Answer | Asked in Civil Litigation and Elder Law for New Hampshire on

Q: What steps need to be taken after a Power of Attorney is revoked to get personal property and money back.

My 92 year old uncle signed a power of attorney over to my cousin. When my uncle realized my cousin was mismanaging the money and estate he revoked power of attorney to this man. At present at least $ 60,000. is missing along with car keys, house keys, and documents. I am the new Power of... Read more »

Israel Piedra answered on Jul 6, 2016

You should act quickly to protect your uncle's rights. You likely have claims against the cousin for breach of fiduciary duty, among other things. Your legal options will vary greatly depending on the facts. Speak to a civil litigation attorney as soon as possible.

1 Answer | Asked in Divorce for New Hampshire on

Q: How can I estimate how much of a settlement I might get in my divorce ?

I have been married for 33 years, but have lived separately from one another for the past 19 years.

Israel Piedra answered on Jul 5, 2016

It's impossible to estimate, but you can learn about what factors the court will consider. My firm recently did a blog post on this subject. Read more here: http://lawyersnh.com/helping-nashua-divorce-clients/

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