Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Hawaii Questions & Answers
1 Answer | Asked in Personal Injury for Hawaii on
Q: Why has district nine courts allowed victims of radiation exposure to seek relief of the Fukushima exposure??

Radiation victims cannot seek relief in courts for

USA victims but are allowed to seek relief of

Japan companys.

Peter N. Munsing
Peter N. Munsing
answered on Jun 26, 2017

You should direct that question to a toxic torts attorney. Generally, you can only sue in the united states for a wrong committed in the united states. In toxics cases,the wrong is considered to be the release in most cases. International law and it's effects are an entirely separate issue.... View More

1 Answer | Asked in DUI / DWI and Car Accidents for Hawaii on
Q: can I sue the driver who got arrested with a dui and a hit and run

The total loss for my car was 14862 I still owed 4600 so with the balance I will not be able to buy a car like I had unless I get a newer car and a bigger monthly payment

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2017

If you were injured contact a member of the Hawaii Trial Lawyers Association--they give free consults. Attorney Richard Kawana in Honolulu (on Maui ask for John O'Neill ) may be able to help you if you were injured--you can give him my name.

If you weren't hurt and you want...
View More

1 Answer | Asked in Civil Litigation, Personal Injury and Libel & Slander for Hawaii on
Q: A person accused me of stealing computer they left in the bathroom. My friends said she was coked out. Can i sue her?

They confronted me in the bathroom and saw me exit without their computer where they said they left it. They retuenes ans bothered me at my cafe table. Then they had the cafe workers ask me if i stole the computer. Then they called the police about it and i was asked to be seaeched. They called it... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

You can sue, but if they have no money, then you'll spend a lot to end up with a piece of paper that's worthless.

Suggest you look for a different place to hang out.

1 Answer | Asked in Divorce for Hawaii on
Q: I currently live in California. My husband filed for divorce in HI. Do I need to go to hi
Tobie B. Waxman
Tobie B. Waxman
answered on Jun 19, 2017

You would only need to go to Hawaii if there's a hearing scheduled. Contact the court house and find out what types of remote filing options they have - i.e. fax filing, efiling, etc. If you end up hiring an attorney, your attorney should be in Hawaii and licensed to practice there.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Hawaii on
Q: whats the fastest and easiest way to get out my house?

I'm a 16 year old boy living in the state of Hawaii and am a victim of mental and emotional abuse by my parents. My house is such a toxic environment where my dad smokes illegally and will sometimes threaten to harm me if I ever got in his way. My mom won't try to stop this behavior and... View More

Cheryl Powell
Cheryl Powell
answered on Jun 11, 2017

You cannot do that without their knowledge, consent or permission. Family services and the court system will not help with mental abuse.

1 Answer | Asked in Personal Injury and Internet Law for Hawaii on
Q: If you share someone's number so other people can harass that person, can you be convicted of harassment?

My friend has a guy who's "ghosting" her, in that he cut off all communications without explanation. She found him on social media and messaged him. When he didn't respond, she said "don't make me unleash my minions on you," with the intent of sharing his number... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 12, 2017

She could definitely be charged as she had the intent that he be harassed. She made a threat then carried it out.

Why is she invested in someone who emotionally stood her up? Doing well is the best revenge; getting into a grudge match can get her charged, wastes emotional energy, and...
View More

1 Answer | Asked in Mergers & Acquisitions for Hawaii on
Q: If you acquire a company do you have any obligation to retain their independent contractors?
Jonathan R. Roth
Jonathan R. Roth
answered on Apr 28, 2017

If you purchase the stock of a company you are obligated to honor existing contracts. If you buy the assets of the company you can purchase the assets and limit the obligations and contracts you accept in the purchase. If the independent contractors have contracts, you have to honor those... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Patents (Intellectual Property) and Probate for Hawaii on
Q: what does sui juris mean

Hawaii court action to eject tresspassers now say theyhave a trust and interest Hawaiian land laws kuleana lands form served below district courtheading says (per organic act 1900 sec 75 a substitution of the Hawaiian Postal Savings Bank) ? state of Hawaii im plaintiff he is asking for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 23, 2017

The answer to your specific question is Sui Juris means 'of age' and is usually referring to beneficiaries of a will or trust -- all of them are now 'of age' and can represent themselves, as opposed to a minor who would need someone to represent his interests. The REMAINDER of... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: so im trying to get my green card or adjust my immigration status in the us but national visa center said i need to go t

i need to go to my hometown us embassy and obtain my iimigrant visa there but im already in the states, is there a way i can do it here without haing to travel back because i might get a ban since my visa expired????

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 12, 2017

In general, once you have overstayed your visa you can not change or adjust status without leaving the USA to do so. An exception is if you are adjusting through a USC immediate relative.

You are correct that if you leave the country you may be subject to a ban and you will need a waiver...
View More

1 Answer | Asked in Car Accidents, Traffic Tickets and Civil Rights for Hawaii on
Q: Hrs 286-207 exemptions certain vehicles. Part 8

Does this mean I don't have to register,license, and insure my automobile? Thank you

Peter N. Munsing
Peter N. Munsing
answered on Apr 8, 2017

You are missing something. The DMV doesn't agree with you. http://www.dmv.org/hi-hawaii/motorcycle-registration.php

1 Answer | Asked in Criminal Law for Hawaii on
Q: Can someone that is pretrial in Hawaii for Terroristic Threatening get out on conditional release or Rel on Recog?

Defendant allowed a young homeless couple to stay in her home. The couple ended up being bad news. As the defendant was asking them to leave multiple times they refused. The couple then called the police stating that the defendant female 155lbs 5'5 threatened them. A male 5'10 200+ lbs... View More

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

The answer to your question is yes, the Defendant can be released on Supervised Release on the facts you presented, provided, Defendant's record is limited to this arrest only and is not loaded with multiple arrests for similar conduct or charges.

1 Answer | Asked in Criminal Law for Hawaii on
Q: status of 20 yr.old charge terroristic threatening?can i change the wording of charge to regain access on navy base

HRS 831-3.1

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

There are two ways to possibly change the TT conviction from a TT conviction to possibly something else. There might be other ways, but my experience tells me there are two proven methods for doing what you seek to have done. Feel free to contact my office for a further consultation regarding... View More

1 Answer | Asked in Probate for Hawaii on
Q: If a surviving spouse is left out a will, are that allowed to "take against the will" and what will they get?
Ben F Meek III
Ben F Meek III
answered on Mar 5, 2017

I believe most states, if not all, have "forced share" statutes that entitle a surviving widow (or widower) to take a minimum share of the deceased spouse's estate, even when the decedent's will left her less than she would have been entitled to by intestate succession. There... View More

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: If accident location is HI but an out of state policy is applicable to the claim, do the Hawaii Statutes override policy

Washington policy with Hawaii loss. Need to confirm that Hawaii Revised Statutes override the policy provisions. Ex: can we apply the 30 day chiro/naturopathy/acupuncture limitations within the statute even though there is no limitation within the Washington policy, since the loss happened in the... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2017

Generally the contract will be governed by the law of the place of the contract; Hawaii law would govern questions of liability and damages. However, you will need a Hawaii crash attorney. If it's Maui I suggest John O'Neill; tell him I suggested you call--he'll give you a free... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: If someone is being convicted for drug charges class A B & C and it is the first time what are chance of no prison time?

Can a dagp be used to keep out of doing prison time and only probation in drug convictions?

What can be done to avoid a possible open 10 year sentence for drug charges?

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

Whether you are sentenced to prison or not will depend on too many factors to discuss in this forum. Your past criminal history, if any, is relevant to the Court's inquiry. Selling drugs v using drugs is also relevant to this issue. Conduct since arrest is also relevant. Fortunately for... View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: Can I file an amendment to my revocable living trust with out my lawyer as long as it is notarized
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 22, 2017

Of course you can. You can also cut off your index finger, or do your own appendix removal.

What you SHOULD do however, might be different than what you can do.

Trusts are complicated documents and one section often relies on the language of another, and the WHOLE thing needs to...
View More

2 Answers | Asked in DUI / DWI for Hawaii on
Q: If I am charged with a DWI will I lose my license when I go to court?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2017

Yes, you could. You are, however, entitled to a hearing to determine if the judge can take your license (provided you have taken a blood test). If you have any evidence that refutes what the court has against you, you may be able to keep your license while the case is being decided.

View More Answers

1 Answer | Asked in Business Formation, Business Law, Contracts and Personal Injury for Hawaii on
Q: Do I need to have insurance if my online personal training client signs a liability release form and informed consent?

I am starting an online personal training and nutrition programming business, I am wondering which legal documents are required to protect me and if I need insurance if I have the client sign the correct documents.

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

I hope you had a professional in insurance defense look at your release and waivers. The problems inherent in your business if you are doing nutrition, excercise, don't necessarily review doctor reports, especially if you don't have a degree in either are daunting. Insurance, being a... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I purchased a condo 4years ago, but did not receive a disclosure form. I now discover that my ceiling is covered with

asbestos "popcorn" on the ceiling. What is the seller's obligation under hawaii law?

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jul 14, 2017

Since the vast majority of houses built before the mid 1980s have asbestos somewhere in their structure, the seller is not required by law to priorly disclose the presence of this toxic agent. Another reason why asbestos disclosure was not deemed necessary by the State of Hawaii pertains to the... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I bought a condominium apartment 4 years ago and was not informed about the existance of asbestos in the ceiling.

what are seller's liability now that I recently discovered asbestos in the "popcorn" ceiling material?

Gregory Andrews Cade
Gregory Andrews Cade
answered on May 10, 2017

Sellers have to disclose material facts that they know or should know. Dependent on what it would likely cost to remove the asbestos you can investigate if the seller should have known about it and revealed it.

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.