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Hawaii Questions & Answers
0 Answers | Asked in Libel & Slander, Personal Injury and Civil Rights for Hawaii on
Q: Having issues with my neighbor and looking to sue for defamition ,slander,invasion of privacy and harassment.

For 20 years our family as well as others in the community have been harrassed from our neihbor frequent calls on a daily basis to cops,firefighters,and other officals making false reports ,defaming our familiys name and reputation in the community.There goal is to have us evicted from our homes as... Read more »

1 Answer | Asked in Constitutional Law and International Law for Hawaii on
Q: Hypothetically. If a human being identifies as a canary wolf or some other non-human species. Is it murder

Hypothetically. It is not murder to kill an animal, unless endangered. So killing a canary, wolf or non-human species is not murder?

Lost in this 21st century world, got lost in the internet and read people's dark posts. Trying to gain sanity back into my head.

David Luther Woodward
David Luther Woodward
answered on Jul 1, 2022

Under the common law which is the basis for our criminal (which can vary from state to state) is

Killing another human being with malice aforethought.

There's your answer

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: I posted an Abandonment Notice on the door and sent it by certified mail with a return request. Can I change the lock?

My tenant has had unpaid rent for over 2 months. I am not able to contact him. He has not answered/replied to the call/emails for some time now. I knocked on the door to get hold of him many times unsuccessfully. The neighbors and resident manager say that he has gone for over 1 month. He was known... Read more »

0 Answers | Asked in Consumer Law for Hawaii on
Q: Am I liable if a check is cashed that has a stop payment on it?

My bank mailed payment (through USPS) via a cashier's check to my credit card company. The check is lost and my bank will put a stop payment and re-issue the check. However, my bank says if the lost check is cashed (either by my credit card company or someone else fraudulently), I am liable... Read more »

0 Answers | Asked in Criminal Law for Hawaii on
Q: Aloha, can I have a lawyer send a letter to someone who video taped me without my consent?

What are my options for this issue

0 Answers | Asked in Estate Planning and Real Estate Law for Hawaii on
Q: I want to file a death certificate with the Bureau of Conveyances for a joint tenant on a property title in Hawaii on wh

ic I am the surviving tenant. They informed me that I must have a lawyer do this for me.If this is true,what would the cost be?

1 Answer | Asked in Estate Planning and Real Estate Law for Hawaii on
Q: I want to file a death certificate with the Bureau of Conveyances for a joint tenant on a property in Hawaii on which I

am the other tenant with rights of survivorship.They informed me that I must have a lawyer do this for me. If this is true,what would be the costs? I live in Alaska.

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on Jun 26, 2022

If it is just Bureau of Conveyances then I can prepare and file this for about an hour’s worth of time plus filing fee. If it is Land Court then it is much more complicated. You can email me at: kelly@westmauilegal.com for more info on my hourly rate.

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: I am the owner of a rental on Oahu. I will have tenants living there in July. Can I evict them and move into my rental.

My personal situation has changed, and I find myself needing a place to live. They just signed the lease with the move in date of July 1, 2022. If I am able to move back in my rental, how many days notice must I give the tenants.

0 Answers | Asked in Child Custody and Child Support for Hawaii on
Q: My parent with custody lives in different country.

I’m 17 yrs old and I’m living with my American dad in America for studies while my Thai mother is in Thailand. I have both citizenships. My parents are divorced and the custody has given to my mother only. I need a driver license in Hawaii but because I’m a minor. They need signatures of the... Read more »

0 Answers | Asked in Divorce for Hawaii on
Q: I am a Turkish citizen. My wife is Indonesian. Can I file for divorce in America when I visit? I havnt seen her for 8yrs

We got married in Turkey. She ran off to Indonesian 8 years ago. I got a divorce lawyer in Turkey 7 years ago. Turkey has not been able to coordinate with Indonesia to file my divorce. We have 2 minor children, she took them both. I don’t want to fight her for them, I just want to divorce. I am... Read more »

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Municipal Law for Hawaii on
Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
Mark Simonds
Mark Simonds
answered on Jun 25, 2022

An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... Read more »

0 Answers | Asked in Land Use & Zoning for Hawaii on
Q: I am a Hawaii commercial licensed fisherman. Is roadside sale of my fish legal? What is code or ordinance?

A law did exist exempting licensed fishermen from otherwise prohibited roadside vending. Last time I read it was 2019

Having trouble locating

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: Landlord gave a Terminaion of verbal monthly rental after I gave a request for repairs and a tro for harassment.

I think landlord is a holdover tenant or is squatting and i dont believe she has permission from owner to act on his behalf. When i told her that i would put rent money due into an account she said "I dont want your rent money." I've been unable to reach the tax office registered... Read more »

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: IS IT LEGAL TOO LOOSE ALL YOUR PENSION RETIREMENT AND ALL CREDITS EARNED , DUE TOO A WORK INJURY WHILE GOING TO PT.
Tim Akpinar
Tim Akpinar
answered on Jun 12, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. I'm sorry about your ordeal. You could reach out to employment attorneys about the pension issues at this point, unless you want to try reposting under the Employment Law category. If you do not have a... Read more »

1 Answer | Asked in Trademark for Hawaii on
Q: I’m producing a fashion exhibition with a vintage privately-owned collection. Do I need a trademark license?

The exhibition venue is available to the public, but the admission is ticketed. The fashion brand is a well-know public-facing entity, though, they do not have any affiliation with this exhibition. I am marketing and advertising this as an “honorary tribute and retrospective” and am making sure... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 26, 2022

Use of the trademark to identify the goods exhibited, so long as they are authentic and not counterfeit, is allowable and referred to as "nominative fair use" of the brand. It would be prudent, however, to state in promotional materials that the exhibitor is not affiliated with the brand... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: I have a citation for assault 3rd. I am not guilty. My court date is June 2 2022
Mark Simonds
Mark Simonds
answered on Jun 10, 2022

Aloha,

You have some very important Constitutional rights. First of all, you have the 5th Amendment right against self incrimination; the 6th Amendment right to counsel, and to a jury trial if you so choose; and the 5th and 14th right to du process. Probably the most important of these...
Read more »

1 Answer | Asked in Estate Planning for Hawaii on
Q: My sister who resides in Hawaii just passed. Can one sibling take all her belongs for themselves without us knowing?

Our family consists of 5 siblings spread across the United States. Our sister passed away in Hawaii without a will, and without knowing it, one brother asked a cousin to go pack up her things, without first consulting with us.

We do not know where her belongs (including cars, bank accounts,... Read more »

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on May 26, 2022

If your sister died without a will then her probate assets would be inherited according to the laws of intestacy. It may be appropriate to safeguard property by taking possession, versus ownership, of the property. Having said that, the lack of transparency is a problem. For instance, it may be... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Hawaii on
Q: Can a landlord make a police report on a tenant for criminal property damage? Tenant and guest damaged rental property.

Tenant and tenant's guest severely damaged glass windows and removed window screens of rental property. Tenant has overstayed their 45 days notice to vacate and has not paid any rent has become a nonpaying holdover tenant.

Mark Simonds
Mark Simonds
answered on Apr 25, 2022

In Hawaii, under your scenario, a person commits the offense of criminal property damage if by means other than fire (which would be arson), the person intentionally or knowingly damages the property of another without the other's consent. As the rental unit is your property you are well... Read more »

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