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Native American Law Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights and Native American Law for California on
Q: So can a security guard physically assault you and handcuff and detain u if u made kind of threats once so ever?

So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont... View More

James L. Arrasmith
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answered on Aug 19, 2023

Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of... View More

1 Answer | Asked in Civil Rights, Native American Law and Social Security on
Q: Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I d

Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I do not have an identity or any proof that qualifies me to obtain an entity for me. Can you help me? Thank you.

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. In California, you may begin by reaching out to local social services or nonprofit organizations that assist with obtaining identification and essential documents. They might be able to help you gather necessary documentation and... View More

Q: I need help with document research and findings. The records sre not in my tribes court, archives, planning, and housing

I know the documents exist. But also have family that dislike me that have worked in those departments as administrators. I am being mislead and homeless. My tribe has took my home, have not helped me with any type of shelter nor resources. This is concerning my home, my grandmother has purchased... View More

James L. Arrasmith
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answered on Aug 5, 2023

I understand that this is an extremely difficult and stressful situation for you. You have certain rights to access documents and records. Consider contacting a legal aid organization or an attorney who has experience in tribal law and property rights, who can guide you through the proper legal... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Native American Law and Probate for Texas on
Q: is there a probate lawyer lisenced in texas pro bono

joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site

Texas Probate Legal Aid & Pro Bono Services

https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services

You include Native...
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2 Answers | Asked in Personal Injury, Civil Rights, Native American Law and Sexual Harassment for Oregon on
Q: Hello! Which law firms in Oregon will take university lawsuits?

Title IX, sealed records, registrar.

James L. Arrasmith
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answered on Jul 28, 2023

As an attorney based in California, I am not aware of specific law firms in Oregon that handle university lawsuits involving Title IX, sealed records, and registrar issues. However, you can conduct a search online or contact the Oregon State Bar for referrals to law firms or attorneys experienced... View More

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1 Answer | Asked in Native American Law for Oklahoma on
Q: Its a long story but me and my wife are indian she was off her psyc meds had a bipolar episode attacked me while i was d

Driveing took the car keys and told the coos i choked her she later recanted her story and admited i didnt touch her she was just mad but we split up she got jealous and said i forced her to write the statements also sent me serveral incriminateing messages and attacked me afterwards i went to... View More

James L. Arrasmith
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answered on Jul 28, 2023

I would be to consult with another experienced attorney to explore the possibility of filing an appeal. Strong evidence in your favor, such as messages, pictures, and hand-written letters, may support your case. An attorney well-versed in tribal court proceedings and appellate practice would be... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before... View More

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Native American Law for Washington on
Q: Can I stop an out of state move of MY 2 Children from Washington State to Wyoming?Like an emergency hearing to stop move

MY 2 Children are under ICWA.

MY position is that the dept dcyf/cps failed at doing their part and same w the tribe they have both lost the opportunity 2 do their job. The tribe, well the tribe reps failed at representing their tribe member by not supporting MY Children the entire... View More

James L. Arrasmith
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answered on Jul 28, 2023

If you wish to stop the out-of-state move of your two children from Washington to Wyoming, you should immediately consult with an attorney in Washington who is familiar with child custody and ICWA (Indian Child Welfare Act) matters. An attorney can help you assess the situation, determine if an... View More

1 Answer | Asked in Municipal Law and Native American Law on
Q: Can the town of Stonewall make me pay a 300.00dep. and hookup to there water utilities. I'm native American on reservati
James L. Arrasmith
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answered on Jul 28, 2023

For questions related to Native American rights and reservation matters, it is essential to consult with an attorney who is well-versed in tribal law and regulations specific to the reservation where you reside.

1 Answer | Asked in Family Law and Native American Law for Arizona on
Q: Does icwa apply in tribal court when they're trying to terminate parental rights?
James L. Arrasmith
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answered on Jul 28, 2023

In matters involving termination of parental rights in tribal court, the Indian Child Welfare Act (ICWA) typically applies. ICWA sets specific requirements and procedures for child custody cases involving Native American children and aims to preserve the integrity of Native American families and... View More

1 Answer | Asked in Native American Law for Arizona on
Q: Why doesn't icwa apply to tribal court proceedings?
James L. Arrasmith
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answered on Jul 10, 2023

The Indian Child Welfare Act (ICWA) is a federal law designed to protect the rights and interests of Native American children in child custody proceedings. While ICWA sets guidelines and requirements for state court proceedings involving Native American children, it generally does not apply to... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Native American Law for California on
Q: Are there any federal lawyers who are familiar with PL280, sovereign as well as interstate DV laws

I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc

James L. Arrasmith
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answered on Jul 6, 2023

Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and... View More

1 Answer | Asked in Native American Law, Divorce and Family Law for Michigan on
Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life

Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the... View More

Brent T. Geers
Brent T. Geers
answered on Jun 25, 2023

Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes... View More

1 Answer | Asked in Native American Law for Michigan on
Q: What is a doubtful statute?

Context: the court construed a doubtful statute

T. Augustus Claus
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answered on Jun 23, 2023

A doubtful statute refers to a law or legal provision that is unclear or ambiguous in its meaning or application. When a court construes a doubtful statute, it means that the court is interpreting and giving meaning to the statute in order to determine its intended scope and effect within the... View More

1 Answer | Asked in Civil Rights, Communications Law, Juvenile Law and Native American Law for Oklahoma on
Q: Can a facility deny family members from visiting juvenile in a inpatient facility without answering the question "Why?"

The facility just hangs up the phone with no explanation. The child is denied phone calls and visitation. There is no explanation. Can a facility do this?

James L. Arrasmith
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answered on Jul 10, 2023

Facilities typically have guidelines for visitation and phone calls, but reasonable access should generally be allowed for family members unless there are safety or legal concerns. If you're experiencing difficulties, it's advisable to contact the facility's administration or seek... View More

1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: Can I get a case thrown out if the incident happened on10/24/2022but issued a warrant on 5/3/2023. Why so late for that?

Was let go the day of the incident

Arrested but on a different case but was a misunderstood and let go

Recently issued a warrant

But when I was getting questioned I was getting questioned by the fbl or Dea about a different case that has nothing to do with me

James L. Arrasmith
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answered on Jul 10, 2023

It's important to consult with a legal professional to understand the specifics of your case and address your concerns about the timing of the warrant. They can review the details, assess any grounds for challenging the case or seeking dismissal, and provide guidance based on their expertise.... View More

2 Answers | Asked in Native American Law for California on
Q: How do I get my lineage proved

I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

This is more of a genealogy question than a legal question. From a legal perspective, the federal government maintained Indian Census Rolls from 1885-1940. These rolls are available form multiple sources. You can obtain copies of your mother's birth certificate and then her parents'... View More

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1 Answer | Asked in Family Law, Adoption, Child Custody and Native American Law for Oklahoma on
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody

She's been missing since April 14

James L. Arrasmith
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answered on May 22, 2023

The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... View More

1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: i signed a notarized letter for my mom to care for my son and now she filed for guardianship how do i get my child back
James L. Arrasmith
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answered on May 16, 2023

Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your... View More

1 Answer | Asked in Civil Rights, Health Care Law, Native American Law and Social Security for California on
Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??

Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024

James L. Arrasmith
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answered on May 22, 2023

I'm sorry, but I'm having difficulty understanding your request and the specific details you are providing. If you are a homeless single mother seeking consultation and support to protect your living situation and ensure the well-being of yourself and your dependents, I recommend reaching... View More

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