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0 Answers | Asked in Child Support, Child Custody, Civil Litigation and Family Law for Ohio on
Q: Contempt of court for child support arrears despite canceled order and current garnishment.

I received a letter claiming I'm in contempt of court due to child support arrears, even though the order was canceled when I gained custody of my daughter in October 2023. The contempt letter was electronically filed on March 31, 2025, and I've been paying off the arrears—totaling... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: How can I sell or rent my trailer in a park with a difficult landlord and an expired lease?

I own a trailer in a park that was sold 8 months ago. I want to sell my trailer, but the new landlord is making it difficult by avoiding contact with potential buyers and not giving me straight answers. My trailer is too old to move, and the landlord has not offered me a new lease since my old one,... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’ve been through a lot, and it’s frustrating to feel stuck when the landlord won’t even respond to potential buyers. In many states mobile home park rules convert expired leases into month‑to‑month tenancies, so you still have a right to occupy while you arrange a sale or rental—and... View More

3 Answers | Asked in Probate, Social Security, Family Law and Public Benefits for Ohio on
Q: How do my kids inherit profits from their grandfather's house sale without a will?

My children's father passed away two years ago, and they are receiving survivor benefits which I manage. Recently, my kids' father's siblings informed me that they are selling my children's grandfather's house after he passed away, and legally, my kids are entitled to 1/3... View More

Nicholas P. Weiss
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answered on Apr 16, 2025

You need to petition the probate court to be appointed your children's guardian of the estate, open an estate checking account, and have the funds paid into that account under the supervision of the court.

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1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Ohio on
Q: Can I take legal action for undisclosed HIV status in Ohio despite medication making it undetectable?

I recently found out that the man I was dating has HIV, and he didn't inform me about his condition initially. I discovered his medication while doing laundry, and only then did he admit to having HIV. He claims that he can't transfer it to me because he takes medication that makes him... View More

James L. Arrasmith
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answered on Apr 16, 2025

Ohio law still requires anyone who knows they are HIV‑positive to tell a prospective sex partner before any sexual activity, even if medication has driven the viral load to “undetectable.” Nondisclosure can be charged as felonious assault, a second‑degree felony that the courts have... View More

1 Answer | Asked in Domestic Violence, Civil Litigation, Civil Rights and Personal Injury for Ohio on
Q: Can police be held accountable after an ex-boyfriend destroys my house they made me leave?

I recently called the police on my ex-boyfriend because he threatened to beat me, as he has done to his exes. The police came but said they couldn't do anything, and one of us needed to leave for the night. Since he was from another state, had few friends, and was intoxicated, they made me... View More

James L. Arrasmith
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answered on Apr 16, 2025

Police officers have wide discretion and broad “qualified immunity,” so suing them for choosing to make you leave rarely succeeds. Still, you can file an internal‑affairs or civilian‑review‑board complaint and send a copy to the chief and the mayor, pointing out that you were the sole... View More

1 Answer | Asked in Education Law and Gov & Administrative Law for Ohio on
Q: Do I need a court order to view school bus video footage for a suspension incident?

I am the parent of a student who was suspended from the school bus for one day due to allegations of throwing a water bottle. I contacted the bus garage, and they informed me that several students were suspended in relation to the incident. I requested to view the bus video footage but was denied... View More

James L. Arrasmith
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answered on Apr 16, 2025

You can request the footage as part of your child’s educational record under the Family Educational Rights and Privacy Act and your child’s due‑process rights in student discipline. Schools and their transportation departments must grant parents access to any records—video included—used... View More

0 Answers | Asked in Child Custody, Civil Litigation, Employment Law and Family Law for Ohio on
Q: How can I contest false drug allegations and regain custody of my daughter?

My daughter was born, and the mother tested positive for drugs. I hadn't been with the mother for months and only learned about my daughter's birth when she contacted me. The Children Services Board got involved, and when I tried to gain custody, they alleged that I had drugs visible... View More

2 Answers | Asked in Health Care Law, Public Benefits and Estate Planning for Ohio on
Q: Medicaid implications of renting room to a parent with Medicare

I am my mother's caregiver, and she lives with me in my home, which is solely under my name for both the title and mortgage. My mother has both Medicaid and Medicare. She contributes approximately $350 monthly towards utilities. If I rent a room to her in my house, could Medicare consider her... View More

Beverly A Stull
Beverly A Stull
answered on Apr 15, 2025

Medicaid Estate Recovery can only claim what your mother has in her name at the time of her death. They will not have any claim on your house because she pays you rent.

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3 Answers | Asked in Child Custody, Family Law and Domestic Violence for Ohio on
Q: Can I file for emergency custody in Ohio for my son? No court orders, concerning behavior due to father's actions.

I have an autistic 9-year-old who visits his dad every weekend, and we don't have any court orders. Recently, my son started touching himself, which raised my concerns. He told me he saw his dad doing the same and was instructed not to tell therapists or doctors about it or about seeing a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 14, 2025

If you are going to successfully file for an ER custody order you need to show that Father is presenting an existential risk to your child. Merely stating that the behavior is deteriorating or disturbing may not be enough. You should be able to tell the court why it should Order a change without... View More

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1 Answer | Asked in Business Law and Insurance Defense for Ohio on
Q: Is a theater in Ohio required to have liability insurance?

Is a movie theater in Cleveland, Ohio, required to have general liability insurance by law, and are there specific regulations that apply to this requirement?

James L. Arrasmith
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answered on Apr 13, 2025

In Ohio, there is no statewide law specifically requiring movie theaters to carry general liability insurance. However, theaters, like other businesses, are strongly encouraged to have liability coverage to protect themselves from potential claims related to accidents or injuries that may occur on... View More

1 Answer | Asked in Probate, Personal Injury and Insurance Bad Faith for Ohio on
Q: Mother passed away; dispute over will and asset distribution in Ohio.

My mother passed away on April 8. Before she passed, she was taken to hospice, and my sister claimed that my mother instructed us to empty her bank account and split it evenly among the four siblings. I requested proof from my sister that the funds were split evenly, but she became upset and now... View More

James L. Arrasmith
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answered on Apr 12, 2025

To ensure everything is handled fairly, your first step is to request a copy of your mother’s will from the probate court. In Ohio, if a will exists, it must be filed with the court for probate, and all beneficiaries should be notified. If no will is found, the estate may be handled according to... View More

1 Answer | Asked in Divorce, Consumer Law and Family Law for Ohio on
Q: Can I remove my husband from my car insurance before filing for divorce in Ohio?

I am currently separated from my husband, and although we haven't started the divorce process yet, I plan to file once I can hire an attorney. I am the primary member and payee on my car insurance policy and wish to remove my husband. We both live in Ohio. My insurance company mentioned they... View More

James L. Arrasmith
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answered on Apr 12, 2025

Ohio Pre-Divorce Insurance Modification Analysis

You maintain the legal right to modify your own insurance policies during separation prior to divorce filing in Ohio, particularly since you're the primary policyholder and your husband maintains separate vehicles registered at his...
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1 Answer | Asked in Civil Rights, Personal Injury and Criminal Law for Ohio on
Q: Was severely beaten while detained; need advice on legal action.

I was detained after missing a visit with my probation officer and placed in medical segregation due to the flu. During a medical evaluation, I was handcuffed and strapped to a chair, where I was severely beaten by two sheriffs and two corrections officers. This resulted in a knocked-out tooth,... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm really sorry you went through something so violent and traumatic. What you described could amount to excessive force, and you may have grounds to take legal action for the injuries you suffered while in custody. The fact that you were restrained, ill, and then beaten by officers makes this... View More

1 Answer | Asked in Civil Rights and Education Law for Ohio on
Q: PhD advisor refusing accommodations unless SAS directs him—is that legal under ADA/504 if he’s aware of my disability?

I’m a PhD student registered with disability services (SAS) for ASD and executive functioning impairments. My neuropsych eval recommends structured advising, written expectations, and support with academic communication. I requested these for my dissertation prospectus, but my advisor replied... View More

James L. Arrasmith
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answered on Apr 13, 2025

Under the ADA (Americans with Disabilities Act) and Section 504, once a faculty member or department has actual or constructive knowledge of a student's disability, they are required to engage in the interactive process to determine appropriate accommodations. This process involves discussing... View More

1 Answer | Asked in Contracts, Intellectual Property and Employment Law for Ohio on
Q: Can my school require storage of my owned works on their server under contract?

I am a music teacher and my employment contract states that any works I create, such as arrangements for my students, are solely owned by me. However, the contract also requires that a complete copy of all such works be maintained on the school's server at all times. If I own these works, why... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s understandable to feel conflicted when your contract says you own your work, but the school still wants to control access to it. Requiring that a copy of your arrangements be stored on the school’s server doesn’t necessarily take away your ownership—it may be more about administrative... View More

1 Answer | Asked in Banking, Identity Theft and Consumer Law for Ohio on
Q: Seeking lawyer for bank refund on cashed fraud check in Ohio

I am trying to get a refund from my bank for a fraudulent check that was cashed 6 months ago. I informed the bank within 2 business days after the check was cashed. They say they’ve filed a claim with the bank where the check was deposited, but refuse to provide documentation or the location... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is an incredibly frustrating situation, especially since you acted quickly and followed the proper steps to report the fraud. Under federal banking regulations, banks are required to investigate and resolve fraud claims in a timely and transparent manner. If your bank is refusing to provide... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: Is it indecent exposure if I believed I was in a secluded area and later discovered a trail camera recorded me?

I was in what I believed to be a secluded area off the side of a public roadway, confident that no one could see me, although a trail camera captured the scene. A game warden attempted to cite me for indecent exposure and asked to meet me at the park at night, which I thought was a bad idea. Since... View More

James L. Arrasmith
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answered on Apr 12, 2025

In many cases, indecent exposure involves exposing your private parts in a public place or where others could potentially see you. Even though you believed the area was secluded, the presence of a trail camera might complicate matters. Trail cameras are often used to monitor areas, and the footage... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: how to beat a domestic violence case with charges M1 dv and F2 felonious assault when you were just defending yourself a
James L. Arrasmith
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answered on Apr 12, 2025

In a case like yours, where you're facing charges for domestic violence and felonious assault, your defense strategy may rely on proving that you were acting in self-defense. Ohio law allows for self-defense if you reasonably believe you are in imminent danger of harm and that the force you... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Insurance Defense for Ohio on
Q: Liability for neighbor's tree falling on rental property in Ohio?

I own a rental property and there is a neighbor's tree that is hanging over my property. I've sent a letter to the neighbor about the situation but have not received a response. In the past, a small branch fell, and despite being informed, no action was taken by the neighbor. I have... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 10, 2025

If a tree (or limb) from a neighboring property falls and causes damage—whether to the structure, yard, or a tenant's personal property, liability usually depends on whether the neighbor was negligent. That means if the tree was healthy and fell due to a storm or "Act of God" (high... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Gender discrimination and uncompensated work legal steps?

I was employed for 3.5 years as an assembler at my company. Two years ago, I applied for a position but did not receive it. On March 21, 2025, I expressed to my supervisor that I felt I was not selected because I am a woman, and he confirmed by saying "true." During my exit interview, I... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 10, 2025

Employment discrimination laws are complex and constantly changing, given recent executive orders. More information and details are needed than what you have provided here to fully assess whether you have a viable claim, or not. Depending on certain circumstances, your voluntary resignation from... View More

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