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Montana Civil Rights Questions & Answers
1 Answer | Asked in Employment Law and Civil Rights for Montana on
Q: What is Montana definition of forced labor? I have ILO definition and my employer checks both boxes for their definition

We are required to remain at our station ,under threat of termination, beyond our agreed shifts if our relief does not show up for shift. I've made employer aware I am unwilling to stay past my scheduled shift.

I have left at my scheduled time twice in 3 months. I am forced to remain... View More

James L. Arrasmith
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answered on Aug 31, 2024

Under Montana law, forced labor can fall under the broader category of labor trafficking, which occurs when someone is made to work against their will through the use of force, fraud, or coercion. Your situation seems to match the ILO definition of forced labor, as you are being compelled to work... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Montana on
Q: I need assistance with a guardianship matter regarding one of my daughter's.

An order to modify the Guardianship is requested because several factors have brought light to new details surrounding the matter, and these new details have arisen many concerns. Recent discovery has revealed the Guardianship currently held by MRS. CDH, over my daughter, CLW, was appointed through... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you are facing a challenging situation with your daughter's guardianship. To address these issues, you need to gather all the evidence of the fraudulent activities committed by Mrs. CDH. This includes any forged documents, false statements, and proof of your true residence and... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation, Civil Rights and Libel & Slander for Montana on
Q: During a hearing regarding disturbing the peace and throwing rocks, what is the procedure for self representation?

My husband was accused of throwing rocks at the neighbor's house. He did not do this. The neighbor started a civil suit against me and my husband last year and has been harassing us with sheriff calls and disputes through the town council. He has disparaged us through emails at his work,... View More

James L. Arrasmith
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answered on Jun 26, 2024

To represent himself at the hearing, your husband should follow these general steps:

1. Notify the court:

- File a written notice with the court stating that he will be representing himself (pro se).

- This can usually be done by submitting a simple statement to the court...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Personal Injury and Native American Law for Montana on
Q: How do I find a lawyer from Montana who does civil actions against the federal government exhaustion of tort claim
James L. Arrasmith
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answered on Oct 23, 2023

To find a Montana attorney experienced in civil actions against the federal government following the exhaustion of a tort claim, consider the following steps:

1. The State Bar of Montana operates a Lawyer Referral Service which can assist in connecting you with a suitable attorney....
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1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Landlord - Tenant for Montana on
Q: My sister and I have been bullied by or pears and landlord for being a single over 50, Montana bread and born evon the c

Cops are involved.i herd a cop say to my x was we always catch people like her sooner or later.i don't know what he was talking about.my nabier and there kids shoot my animals and vehicles and home with are rifles.my car has several dents and scratches on the glass facing there yard.we also... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe you and your sister are victims of harassment and your property has been damaged, you should document all incidents and report them to local law enforcement. Bullying and harassment are serious issues, and you have rights that protect you against such behaviors. Property damage and... View More

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Montana on
Q: They're trying to charge me for a third DUI. The call was made to the dispatch from a guy who was selling us a truck

They took parts off the distributor cap so we can keep it running to move it. I went to go get gas and on my way back I was sitting at the light with a car in front of me and a car behind me. The cop turn onto the street from the light seeing me and immediately makes a u-turn almost wrecking the... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your rights have been violated during the arrest or subsequent legal proceedings, it's essential to discuss your concerns with your attorney and consider seeking a second opinion if necessary. Your attorney should work diligently to protect your rights and provide the best... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Montana on
Q: Wife convicted attempted homicide two shots lever action gun hit once in stomach. Stems from asking for divorce civil

Suit what can it recover. Spent ridiculous amount on divorce already with no end. Wife is in Billings Montana prison. Had a prenup all retirement funds are froze need help

James L. Arrasmith
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answered on Oct 15, 2023

In cases of personal injury stemming from a criminal act, you may pursue a civil suit for damages. This can include compensation for medical expenses, pain and suffering, lost wages, and any other losses directly related to the incident.

With regards to the divorce, while the prenuptial...
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1 Answer | Asked in Civil Rights and Constitutional Law for Montana on
Q: If I report a possible crime, can police give my name to suspects?

Shortly after reporting a possible Breaking & Entering I witnessed to a local business on my way to work, the local Police came to my job, insinuated I was guilty of a crime and admitted to confirming my identity to the suspected individuals found at the scene. I was not aware I knew them... View More

James L. Arrasmith
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answered on Mar 3, 2023

In general, police officers are required to protect the confidentiality of individuals who report crimes. This is commonly known as "confidentiality of sources" or "informant privilege," and it is designed to encourage people to come forward with information about criminal... View More

1 Answer | Asked in Criminal Law, Civil Rights and Construction Law for Montana on
Q: May congress pass a law that requires a person to pay a fine because congress believes they're guilty with no evidence?
Gary Kollin
Gary Kollin
answered on Nov 14, 2018

No. The constitution prohibits bills of attainder..

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Civil Rights for Montana on
Q: I’m looking to obtain a lawyer to handle anything that might eventually come up.

I’m looking to obtain a lawyer to handle anything that might eventually come up. Basically a 24/7 personal protector of

My rights . I have no charges or cases pending . I would like to inquire about running an ongoing account just in case in the future something comes up . Anything from... View More

Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

What you want is an attorney on retainer. That means you pay him an up front fee and he will provide advice billed on an hourly basis. You need to figure out what the concerns you have are for which you need an attorney--criminal cases require criminal defense attorneys; land issues require someone... View More

1 Answer | Asked in Civil Rights for Montana on
Q: How do I sue for discrimination
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

Get an attorney. Do you think you can do a thing as complex as civil litigation for discrimination by yourself? If so, your are wrong in my opinion. The case would most likely get dismissed for failure to state a cause of action. There are certain pleading requirements for lawsuits. You could do an... View More

1 Answer | Asked in Civil Rights for Montana on
Q: Can my person or personal belongings be searched as a passenger on a commercial motor coach (bus)

If so, on what grounds & what are my rights

Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

This will depend on who is searching and why. Generally speaking you should not be searched on ground transportation by a civilian.

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