I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More

answered on Aug 30, 2023
Your question has a long list of variables. You really do need to sit down with a qualified criminal defense attorney who can review your criminal history (if any) and the charges you are facing, and discuss the circumstances of your arrest to determine what the best course of action is in your... View More
My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to... View More

answered on Jan 26, 2023
You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.
If you have not retained competent... View More
Im wondering if the person who overdosed can claim affirmative defense and how it works. Its 58-37-8(16) of the utah crimial code im wondering about. About a month ago i overdosed and i was arrested. Now im facing possesion charges. I dont have a lawyer so i have been trying to research as much as... View More

answered on Dec 1, 2022
As Mr. Cramer has stated, you really need an attorney whether you qualify to have one appointed or whether you are able to retain private counsel. You can argue an affirmative defense, but that defense would be argued at trial and over 90% of criminal cases resolve before trial. Counsel will be... View More
I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the... View More

answered on Nov 28, 2022
Consulting an attorney could be particularly important if the disorderly conduct charge carries a "domestic violence tag." There could be Second Amendment rights implications in the future under the federal Violence Against Women Act. A defense attorney may be able to negotiate a... View More

answered on Nov 22, 2022
Because you can only use deadly force to defend yourself from an active threat to your life. If you have to "take off after someone" you become the aggressor and could be found guilty of murder if your shooting them results in their death. A life sentence is the potential outcome of a... View More
I'm currently in a relationship where I'm getting verbally and mentally abused and I'm not doing okay. I'm not sure at what point this will turn physical. I'm considering moving back to WI with our 3 month old baby to be in a better and safe environment. The thing is... View More

answered on Sep 14, 2022
With all due respect to Ms. Sirlin, if you can prove that you are being emotionally abused, you have to do what is right for you and your child. With the slim set of facts you have presented, it sounds like your best course of action would be to relocate to Wisconsin and immediately file an action... View More
Live in Phoenix AZ and would like to relocate to Green Bay WI to be with family with my 3 month old. Can I relocate without the fathers permission? We have never been married nor separated, are only dating and each file as single.

answered on Sep 14, 2022
This is an extremely complicated situation. Have you discussed the situation with the child's father? Your life will be much less likely to implode if you discuss the situation with him and have a written agreement allowing you to relocate. I HIGHLY recommend that if you are allowed to... View More
I did not put my child’s fathers name on the birth certificate. I took him to court to have his rights severed. He was never in the child’s life. The judge agreed and severed his rights. I am now in need to have his name either on the birth certificate or have him sign an Acknowledgment of... View More

answered on Aug 18, 2022
I cannot imagine a scenario where the father's race would make a scintilla of difference UNLESS the father is associated with a Native American or Alaska Native tribe. THAT would make a huge difference and could cancel the Court's termination of parental rights if it was not considered... View More
I have 2 children with a man I was with over 5 years ago (we were never married), since then I have had 2 more kids and gotten married. We have no contact with my 2 oldest children's father and he periodically will pay some child support but still owes us thousands of dollars in back child... View More

answered on Aug 8, 2022
You could incorporate a petition to terminate the father's rights with a petition to adopt the two children if that is what your husband desires and the children are on board (if they are old enough to have a say). If your husband is not planning to adopt the children, there really is not a... View More
My ex has been hostile and withholding her new physical address from me but all information she has provided constitutes custodial kidnapping. Tonight I received a text after requesting the address that I could have it once she was provided with information she wants (there is a clause in the... View More

answered on Aug 8, 2022
No, you do not yet have enough to seek a default judgment. Your next step is to request alternative service. I highly encourage you to find a qualified family law attorney in the jurisdiction where your child custody order was entered to assist you in this process.

answered on Aug 8, 2022
I presume you and the baby were tested if you delivered in a medical facility. If the baby tested positive, it is likely that CPS will take action against you. Depending on how chronic your dependence is, your parental rights could be terminated. There will be a legal process and you will have the... View More
In Arizona, we live together for 8 years. Trust has no Medical POA. Only a will. We moved 3 mos. ago to mfg home in my name. Boyfriends IRA (I am beneficiary) and healthy checking. Balance. Revocable Trust dated 2017, attorney disbarred in 2018. No e-file.

answered on Jul 21, 2022
"Now what?" is a really vague question, but I am answering with the presumption that your question is "how do I make my boyfriend my medical POA?" You need to execute a medical POA and provide the hospital a copy.
You can find the form for the State of Arizona here:... View More
My ex claimed he has an restraining order against my husband therefore my husband is not allowed at the drop off and pick up exchanges for the children. It has come to our knowledge that there is no restraining order nor injunction of harassment , we went to multiple courts where they can't... View More

answered on Jul 12, 2022
If your current husband has not been served with notice of a restraining order and your ex cannot produce proof of such an order being in place, there is no legal reason your husband cannot be present during custody exchanges.
I would suggest he remain in the vehicle and not interact with... View More
My ex, who lives out of the country and hasn't made financial contributions in my child's upbringing, wants visitation and decision-making rights. Can I insist that if he wants visitation he should pay child support? Should I mention in the final hearing that I have a boyfriend who wants... View More

answered on Jul 5, 2022
There are so many variables. If there is any way you can consult with a competent family law attorney in Pima County, I suggest you do so. If your ex has not made any financial contributions and lives outside the US, I think you have a good case for limiting his visitation to supervised visitation... View More
When lightning is reported within a certain number of miles, employees are prohibited from leaving the building until no strikes have been recorded for 30 minutes. They are told they cannot go home if this happens at the end of shift and are also prohibited from using restroom facilities which are... View More

answered on Jul 1, 2022
So many issues.
"Is it legal?" is a loaded question. There is nothing specifically illegal about having a policy in place. Employers can make a policy about nearly anything and employees may choose to follow the policy, seek other employment, or ignore the policy and risk... View More
Change of lawyer are ignored and forcing me to stay with current lawyer who can't be trusted even. A little bit please help

answered on Jun 28, 2022
You are entitled to representation. You are NOT entitled to different representation because you do not approve of the representative provided to you. Your option is to find a way to pay for private counsel. Otherwise, your lawyer is your lawyer unless a conflict of interest arises (conflict of... View More
I moved and father isn't agreeing to meet to the new middle point to exchange our children. He wants to keep it at the old address on file but its no where near middle for me now. What do I have to do in order to change the new middle point to exchange children? Do I still have to meet him at... View More

answered on Jun 20, 2022
You will need to file to modify the existing order. Depending on how much of an inconvenience your proposed meeting location is for your ex, the judge may not change the order. Since you were the party who moved, the judge may not feel your ex should have to share the burden unless you can show how... View More
I was unloading a uhaul, I didn’t consider my blood sugar. I went to move the Uhaul in front off townhomes and out of the alley, my neighbors chased me, I freaked out, I saw one of them wave me down. Came to my senses and stoped to talk to him. They told me, didn’t I notice I hit a mail box, I... View More

answered on Jun 20, 2022
You have described an incident but you have not asked a question. It appears you have three paths moving forward: 1) pay the fine and take the conviction as is - simplest and quickest resolution which likely has the most significant impact on your insurance (you may want to contact your insurance... View More
Are safe rooms or a locked Master bedroom where the prohibited person does not have access, legal to store prohibited items?

answered on Jun 17, 2022
No, the host does not forfeit their rights, but exercising those rights would likely send the prohibited person to prison. The prohibited person has lost the right to live with someone whose rights have not been limited without inconveniencing that person with having to live AS IF they had also... View More
We both have TX IDs still so I don’t know which state has jurisdiction to handle our case. We’ve lived in AZ for a year now. I have a big family support system back in Texas and his father doesn’t really have much support with extended family here in AZ. I cant afford to live here anymore and... View More

answered on Jun 13, 2022
This is an incredibly complex question for an "Ask-a-lawyer" service but I will give you the highlights.
Your answer depends on whether or not you were married to the father and whether or not you have a custody order from Texas or any other state. Assuming you are not married and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.