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Ohio Gov & Administrative Law Questions & Answers
1 Answer | Asked in Employment Law, Gov & Administrative Law and Civil Litigation for Ohio on
Q: Can a school board demand repayment for previously approved coursework reimbursement? How to contest it?

I am a teacher in Ohio and have taken college coursework to further my career. As per our contract, if teachers meet certain requirements, they can be reimbursed for courses, and their pay scale can be increased after completing a specified number of hours, all of which were approved at the time.... View More

James L. Arrasmith
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answered on Nov 8, 2025

You earned those reimbursements and salary steps under an approved, existing contract; that created vested contractual rights that the district cannot devalue years later by unilateral reclassification. A school board cannot retroactively claw back pay already earned and paid unless the governing... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Ohio on
Q: Do I need to refile my contempt motion in Mahoning County, Ohio or request for service?

I recently filed a contempt motion in Pennsylvania, but the jurisdiction was transferred to Mahoning County, Ohio. A hearing has been scheduled by the magistrate, who stated that the other parent needs to be served. Should I refile my contempt motion in Mahoning County? Alternatively, can I file a... View More

James L. Arrasmith
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answered on Nov 5, 2025

That’s a great question, and it’s good that you’re making sure the process is handled correctly. Since the case has been officially transferred to Mahoning County, you usually do not need to refile your contempt motion unless the Ohio court specifically instructs you to do so. The motion you... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Ohio on
Q: How to obtain body cam footage in a domestic case?

In a domestic case, I want to access body cam footage to understand what was communicated during the police interaction. I haven't faced any denial but don't know how to initiate the request for obtaining this footage. I'm not currently involved in any legal proceedings related to... View More

James L. Arrasmith
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answered on Nov 4, 2025

You obtain body‑worn camera video in Ohio by making a public‑records request under R.C. 149.43. Body‑cam footage is treated as a public record, but portions may be redacted for privacy, safety, or ongoing‑investigation reasons. Submit your request to the City of Cleveland’s records... View More

1 Answer | Asked in Nursing Home Abuse, Gov & Administrative Law and Personal Injury for Ohio on
Q: Can nursing homes hang up and refuse to give information about a transferred patient to family?

I have a concern regarding my family member who is currently in a nursing home in Ohio. He has been transferred between facilities, but when I call to inquire about his status or whereabouts, the staff takes my name and then hangs up, refusing to provide any information. Is this a common practice?... View More

James L. Arrasmith
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answered on Nov 4, 2025

You deserve straight answers about your loved one’s safety, yet staff often invoke privacy rules and then refuse to talk. Federal law permits them to withhold protected health information unless you are the resident’s authorized personal representative or have a valid written release. However,... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Ohio on
Q: How can I get my child returned from foster care after meeting medical requirements?

I have a CPS case in Ohio; my child lost weight but after being admitted to the hospital and given Pediasure, he regained the weight within a week. CPS placed him with my mom initially. After meeting the weight and height recommendations of his pediatrician, CPS required weekly weight checks and... View More

James L. Arrasmith
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answered on Nov 2, 2025

You get your child home by showing the court and agency that you have a verified, workable plan for consistent medical care and that the risk that justified foster care no longer exists. Start by gathering proof: the pediatrician’s growth charts, letters confirming that your child currently meets... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Gov & Administrative Law for Ohio on
Q: Can my son file a civil lawsuit in Ohio due to a defective indictment and evasive prosecution?

My son is considering filing a civil lawsuit related to his criminal case in Ohio. His appointed lawyer initially filed a motion for a bill of particulars, which took the government 2.5 years to respond to and was ultimately denied. In 2022, a motion for dismissal for failure to state an offense... View More

James L. Arrasmith
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answered on Oct 29, 2025

Your son can explore filing a civil lawsuit, but he needs to be aware that suing the government over a criminal prosecution is extremely complex and limited by federal law. In Ohio, as in the rest of the country, prosecutors and government officials have broad immunity from civil suits for actions... View More

2 Answers | Asked in Gov & Administrative Law and Real Estate Law for Ohio on
Q: Who governs Homeowner Associations in Ohio and what are the relevant state laws?

Who governs Homeowner Associations in Ohio, and what are the relevant state laws related to their operation and management?

Joseph Jaap
Joseph Jaap
answered on Oct 28, 2025

HOAs in Ohio are self-governed by a board of directors elected by the members of the HOA as specified in the Declaration and By-Laws for the HOA recorded in the county real estate records. HOAs are not supervised or monitored by any government agency. HOAs are a "planned community" as... View More

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1 Answer | Asked in Foreclosure, Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Ohio on
Q: How can I get an extension to vacate foreclosed home in Ohio due to disability?

My home in Ohio has been foreclosed and sold, and I've been given two weeks by the court, until November 5, to vacate the premises. My mother, husband, and I are all disabled, which adds a significant challenge in quickly securing new housing. I'm actively searching for a new home, but we... View More

James L. Arrasmith
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answered on Oct 27, 2025

File immediately in the same court that set the November 5 deadline an Emergency Motion to Stay Enforcement/Writ of Possession and for Extension of Time to Vacate.

State that you seek a disability‑based reasonable accommodation under the Fair Housing Act and ADA, and invoke Ohio Civ.R.... View More

1 Answer | Asked in Medical Malpractice, Gov & Administrative Law, Health Care Law and Personal Injury for Ohio on
Q: Was not informed of my mother-in-law's passing before hospital visit, and found her in distressing state.

My mother-in-law was recently in the hospital in Ohio, diagnosed with pneumonia and low kidney function. She was given morphine and passed away the next morning. The hospital contacted us to come and be with my father-in-law but didn't inform us that she had passed. Upon arriving, we found her... View More

James L. Arrasmith
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answered on Oct 27, 2025

You should have been told immediately when death was pronounced, because hospitals customarily notify the legal next‑of‑kin without delay and may disclose that information to family involved in care under HIPAA. A failure to warn you before summoning you likely reflects a breakdown in... View More

1 Answer | Asked in Medical Malpractice, Gov & Administrative Law and Personal Injury for Ohio on
Q: Misdiagnosed with GERD, CT scan confusion, need further medical advice

I've been dealing with a prolonged misdiagnosis starting with GERD in 2022. After a CT scan in March 2025, my family doctor refused to explain the results and referred me to an ENT, who recommended surgery without providing adequate reasoning. I felt uncertain and sought a second opinion in... View More

James L. Arrasmith
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answered on Oct 25, 2025

It’s understandable to feel frustrated after being misdiagnosed and struggling to find consistent medical answers. At this point, your goal should be to gather all available information and make sure you are getting coordinated, evidence-based care. Start by collecting copies of every medical... View More

2 Answers | Asked in Real Estate Law, Estate Planning, Gov & Administrative Law and Public Benefits for Ohio on
Q: How to fix a defective deed and resolve trust issues for an Ohio property?

Legal Guidance Needed on Defective Deed, Trust Issues, and Utility Access (Ohio Property)

I need legal guidance regarding an Ohio property that was transferred to me from my father via a trust and later by a quitclaim deed. I'm listed as the property owner in county records and pay the... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 24, 2025

Sadly, the clouded title is going to compel you to sue the POA proxy in an action to "quiet title" on the property. This is a lawsuit in which a court will declare who actually holds title to the property. These are rather nuanced legal actions and ought to be handled by an attorney... View More

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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Ohio on
Q: How can I terminate an ALS after a breathalyzer test failure in Ohio?

I was charged with OVI last Friday, and the officer initiated an Administrative License Suspension (ALS) on my license, claiming I refused the breathalyzer test. However, I did not refuse; the test simply failed to read the second time. I have no previous trouble with the law, no other tests were... View More

James L. Arrasmith
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answered on Oct 17, 2025

It’s understandable to feel frustrated, especially if you didn’t actually refuse the test but are being treated as though you did. In Ohio, when an officer reports a refusal or failed test, the **Administrative License Suspension (ALS)** takes effect immediately under the Bureau of Motor... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Employment Law, Gov & Administrative Law and Traffic Tickets for Ohio on
Q: How to resolve warrant and license suspension from Florida?

I am struggling to resolve a legal issue after an accident occurred right before I moved to Florida in December 2022. The accident was not my fault; however, shortly thereafter, I discovered my driver's license had been suspended two days prior, unknowingly. Unable to attend court in Ohio due... View More

James L. Arrasmith
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answered on Oct 16, 2025

It sounds like you’ve been caught in a difficult situation, but there are steps you can take to resolve this. Because the warrant and license suspension originated in Ohio, that state still has jurisdiction over your case. The first step is to contact the **clerk of court** in the county where... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: Can I get a parole violation without new charges in Ohio?

I am on parole in Ohio for breaking and entering. Recently, someone came into my home uninvited, and I ended up in a fight with them. I was not charged with any new crimes by the police, but my parole officer violated me and sent me back. Is it common or legal to receive a parole violation under... View More

James L. Arrasmith
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answered on Oct 9, 2025

Yes, it is possible and legal in Ohio to receive a parole violation even if no new criminal charges are filed. Parole is a conditional release, and the rules you must follow are often stricter than regular criminal laws. Your parole officer has the authority to determine whether your behavior... View More

1 Answer | Asked in Child Custody, Domestic Violence, Gov & Administrative Law and Family Law for Ohio on
Q: Is it legal for a custody evaluator to change recommendations without consulting both parties?

I'm currently in a custody battle where the father, who wasn't involved for the first three years until child support was issued, has filed for full custody twice. Initially, the custody evaluator recommended me as the residential parent for school purposes and primary for medical... View More

James L. Arrasmith
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answered on Oct 3, 2025

A custody evaluator’s role is to provide recommendations to the court based on what they believe is in the best interest of the child. Evaluators generally have broad discretion in reviewing new information and updating their reports. However, they are expected to consider input from both parties... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Ohio on
Q: What is the path to release from a void judgment and expired sentence in Ohio?

In 2023, a state sentencing entry was signed by a judge who neither presided at the hearing nor had taken the oath of office, making it void ab initio. The two-year community-control term expired in January 2025 without a valid tolling order. An arrest occurred in April 2025, months after... View More

James L. Arrasmith
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answered on Oct 1, 2025

If the sentencing entry was signed by someone without authority and never valid in the first place, then under Ohio law it can be challenged as void ab initio. A void judgment can be attacked at any time, even after the sentence has expired, and jurisdiction is never properly established if the... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: Is it legal to extend post-release control without notice in Ohio?

In Ohio, someone sentenced under Senate Bill 2 was given a 5-year period of post-release control for a first-degree felony starting on 12-18-2018. They experienced a violation resulting in a 6-month prison term but no new felonies. As the 5-year term concluded, there was no documentation or verbal... View More

James L. Arrasmith
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answered on Oct 1, 2025

In Ohio, post-release control is imposed and enforced by the Adult Parole Authority (APA), but the length of the supervision term comes from the sentencing court. For a first-degree felony, the standard term is up to five years, and once that period expires, the APA generally loses authority to... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: Do I need to file a motion to ensure the judge reads my hardship letters regarding my probation violation in Ohio?

I am facing a probation violation due to my inability to complete community service under the current conditions. I have submitted three hardship letters to the court over the past two months, including to the clerk, bailiff, and via fax, but I have not received any acknowledgment or response. My... View More

James L. Arrasmith
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answered on Sep 29, 2025

If you want to make sure the judge sees your hardship information, filing a formal motion is the clearest way to get it on the record. Submitting letters to the clerk, bailiff, or by fax does not always guarantee that the judge personally reviews them, especially if they are not attached to a... View More

1 Answer | Asked in Divorce, Family Law and Gov & Administrative Law for Ohio on
Q: Eligibility for government pension benefits through ex-husband's federal marshal pension.

I was married to my ex-husband for 12 years, during which time he worked as a federal marshal. The court and my lawyer decided my entitlement to his pension during the divorce proceedings. Given the survivorship option, am I eligible to receive part of his pension benefits through the government?

James L. Arrasmith
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answered on Sep 29, 2025

If the divorce court awarded you a share of your ex-husband’s federal marshal pension, you may be eligible to receive benefits, but it depends on how the court order was written and whether it was properly submitted to the Office of Personnel Management (OPM). Federal pensions are governed by... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for Ohio on
Q: Choosing between Rule 60(b) motion in federal court or Ohio state complaint due to concealed evidence

I used a service called Courtroom5 in the fall of 2024 to assist me when I was overwhelmed with a federal court case without legal counsel. I'm currently considering two paths to preserve and advance my claims:

1. Filing a Rule 60(b) motion in federal court to reopen a dismissal with... View More

James L. Arrasmith
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answered on Sep 25, 2025

You can mention your prior difficulties in securing legal counsel and the loss of metadata as part of your explanation for why the evidence was not presented earlier. In a Rule 60(b) motion, courts may consider such circumstances under the “fraud, misrepresentation, or misconduct by an opposing... View More

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