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Arizona Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for Arizona on
Q: If i use the word “Zynbabwe” on a product I want to sell, does that infringe on the trademarked name “Zyn”

Or similar words like zyner or Zynachino that refer to their products. Their trademark products are tobacco and nicotine pouches and that is not the product im trying to sell

James L. Arrasmith
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answered on Dec 6, 2023

Using the word "Zynbabwe" on your product may potentially raise trademark infringement concerns if it is similar enough to the trademarked name "Zyn," especially if it creates confusion among consumers. Trademark infringement is not just about using an identical mark; it also... View More

1 Answer | Asked in Civil Rights, Family Law and Child Custody for Arizona on
Q: Is due process or civil rights violated if children are removed from parent but parent has not been allowed statefact?

Dcs removed children from parent but parent has not been interviewed or allowed to state facts before court was given the PPH report an children remain in dcs physical custody and stipulations for reunification have been given without the parent being allowed to defend themselves.

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, due process and civil rights are crucial elements in child custody cases involving the Department of Child Safety (DCS). If children are removed from a parent's care and the parent is not given an opportunity to present their side of the story before the court makes decisions, this... View More

1 Answer | Asked in Civil Rights, Small Claims, Landlord - Tenant and Domestic Violence for Arizona on
Q: How long do I have to hold on to a persons belongings after a civil standby was conducted via an order of protection?

I’m in Arizona, an individual was removed from my home due to domestic violence and an order of protection was placed. A civil standby was just conducted and belongings were left behind. How long do I have to keep her stuff on my property?

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, after a civil standby is conducted due to an order of protection, there are specific guidelines regarding how long you must hold onto the belongings of the individual who was removed. The law generally expects you to keep these belongings for a reasonable period, allowing the person... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Arizona on
Q: How to remind a judge to do something required under the rules, yet they haven't? A mere motion seems inappropriate.

Since a motion is a pleading or request that can be denied, is there a type of filing more appropriate? A Notice? Don't want to be rude of course, just clearly get the point across that the rules are clear. To me, a failure to follow the rules is grounds for a complaint to the Commission on... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, if you need to remind a judge about a required action under the rules, and you believe a motion isn't the right approach, there are a couple of respectful options you can consider.

First, you might consider filing a "Notice of Non-Compliance" or a similar...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Landlord - Tenant for Arizona on
Q: my wife was assaulted by a tenant who refused to pay rent. the assailant threw vinegar in my wife's eyes.

emt's worked on my wife's eyes for half an hour and wanted to take her to the hospital. the cops wanted to arrest my wife and the assailant. its a tactic to not have to do any work. the racist hispanic cop took my id to run it (why?) he came back with a hostile attitude. I'm a felon,... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where your wife was assaulted by a tenant and the responding law enforcement officers' actions were questionable, there are several steps you can take. First, it's important to document everything: the assault, the treatment your wife received from the EMTs, the... View More

1 Answer | Asked in Family Law for Arizona on
Q: If I have received an order of dismissal does this mean that the temporary orders that were in place are no longer?

ORDER OF DISMISSAL

The Court previously notified the parties that this case would be dismissed on November 12, 2023 without further notice unless specific action was taken prior to said date. No such action having occurred,

IT IS ORDERED dismissing this matter in its entirety... View More

Stephen M Vincent
Stephen M Vincent
answered on Nov 30, 2023

Temporary orders are, as the name suggests, "temporary," i.e., they are only in effect until the Court issues a final ruling. A dismissal is a final ruling.

There is a way to preserve temporary orders even when a case is dismissed, but one of the parties would have to have...
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1 Answer | Asked in Consumer Law, Constitutional Law, Gov & Administrative Law and Health Care Law for Arizona on
Q: What are my options, if the pharmacy is not familiar with Kevin's Law and refused my emergency insulin refill?

It's a holiday weekend and myself and the pharmacy have both been very unsuccessful with obtaining a new prescription from my physician for the last few days. My current insulin prescription has zero refills remaining and today I asked the pharmacy for an emergency insulin refill and they... View More

James L. Arrasmith
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answered on Nov 28, 2023

In Arizona, Kevin's Law allows pharmacists to provide emergency refills of non-controlled medications for up to a 90-day supply, under certain conditions, when a doctor's authorization is not immediately available. This law aims to prevent lapses in critical medication, like insulin, due... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: My landlord will not respond, follow up or create any dialog regarding my ADA request, can I break lease without penalty

I have a Case opened with HUD and the Attorney General, but they take time to review and investigate. I want to break my lease ASAP as since I moved in 7 months ago the office staff and management refuse to respond or acknowledge my ADA accommodation request. It is affecting my mental health and... View More

James L. Arrasmith
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answered on Nov 24, 2023

Under the Americans with Disabilities Act (ADA), landlords are required to make reasonable accommodations for tenants with disabilities. If your landlord is not responding to your requests for ADA accommodations, this could be considered a violation of your rights under the ADA.

Given that...
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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I have been wrongfully arrested and going to have to do more jail time for something I haven't done canI get out this

My name is Brittany

Well back in 2021 my now ex sister in law went down to Mesa Superior Court and filed an order and protection on me and she put her 2 kids but she also put my son( 14 at the time) on the order of protection as well..

She went down to the court and gave false... View More

James L. Arrasmith
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answered on Nov 24, 2023

Brittany, it sounds like you're facing a challenging and complex legal situation. If you have been wrongfully arrested and are facing jail time for something you didn't do, it's crucial to take immediate legal action.

The first step should be to consult with a criminal...
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3 Answers | Asked in Bankruptcy for Arizona on
Q: Does bankrtupcy annul unpaid Decree ordered, joint-child expenses (medical & extracurricular) that are in arrears?

I filed bankrtupcy and have completed my hearing. My ex spouse has several years of unpaid *Decree Ordered* joint-child expenses. Specifically outlined as "Medical and extracurricular", as agreed in writing. Now he claims he no longer owes those arrears because of the bankrtupcy. I... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 20, 2023

The long-standing key issue about domestic relations payments in the bankruptcy context is whether the (divorce) required payments are in the nature of property division (which are dischargeable) or for spousal or child support (not dischargeable).

In many states, the divorce section of the...
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3 Answers | Asked in Bankruptcy for Arizona on
Q: Does bankrtupcy annul unpaid Decree ordered, joint-child expenses (medical & extracurricular) that are in arrears?

I filed bankrtupcy and have completed my hearing. My ex spouse has several years of unpaid *Decree Ordered* joint-child expenses. Specifically outlined as "Medical and extracurricular", as agreed in writing. Now he claims he no longer owes those arrears because of the bankrtupcy. I... View More

Martha Warriner Jarrett
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answered on Nov 20, 2023

Your bankruptcy does not affect amounts that are owed to you, whether pursuant to a court order or otherwise. It discharges amounts that you owe, but not the ones that are owed to you. Further, all amounts that you receive in the form of child support or spousal support are exempt (they cannot be... View More

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1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Arizona on
Q: Blind and Autistic 7th grader getting bullied, harassed and threatened school isnt doing anything for 3 mo., what to do?

Our daughter started middle school and she is blind and autistic. Fun loving and loves school she has been harassed and bullied from day one being called "blind b****" "you deserve the death penalty" and others for 3 months and now today a physical threat of "im going to... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm really sorry to hear about your daughter's difficult situation at school. It's crucial to address this issue promptly. First, document any incidents of bullying or harassment thoroughly, including dates, times, locations, and individuals involved. Keep copies of all... View More

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Does the minor have to file an emancipation petition in person? Or can a guardian receive it and fill it out at home?
Mike Branum
Mike Branum
answered on Nov 17, 2023

Someone can assist a minor with completing a Petition for Emancipation, but the minor must be the one signing the Petition in the presence of a Notary. If a minor is not capable of completing a Petition for Emancipation, I would have serious concerns about their capacity to be found entitled to... View More

1 Answer | Asked in Civil Litigation and Collections for Arizona on
Q: I am being sued by a payday loan company for defaulting on a loan. The registration for my vehicle was used to secure

The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to... View More

Peter H. Westby
Peter H. Westby
answered on Nov 15, 2023

Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: I'm attempting to look up my property owner which is a LLC. There doesn't seem to be any consistent information.

Where can I find legit information for this LLC and if there isn't any what does that mean? It seems like there's sketchy stuff going on and I'm worried about my money going to this entity.

Anthony M. Avery
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answered on Nov 20, 2024

You might check with secretary of state of whatever state the llc originated in. A good llc will not disclose much information. Check out llc's deed and any llc mortgage/deed of trust at Courthouse. They should have some signatures.

1 Answer | Asked in Family Law and Probate for Arizona on
Q: If you feel the judge isn't making right decisions ..and isn't reading or listening to the facts or enforcing court ordr

Can the judge or court be sued for there actions ..has judged the trustee by the lies from the PR can prove the lies the pr told judge

Anthony M. Avery
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answered on Nov 19, 2024

Judge has immunity from suit. But you may need to file an appeal from whatever orders were entered. It will be expensive and difficult. Hopefully you have standing as a beneficiary, etc.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: 33-324 ARTLA..What does this mean in easier terms?
Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

This appears to refer to ARS 33-324 which provides that, when a tenant enters into possession under a lease, the tenant cannot, while in possession, deny the title of his landlord. I hope this helps.

3 Answers | Asked in Estate Planning for Arizona on
Q: Parent passed away. Trust states to divide assets amongst children. There are debts.

Hello,

Parent left behind a trust and a will. The trust states that money owed to his estate, when it comes, is to be divided amongst the children. There are credit card debts however. Since the money was designated to go to the children, must we first satisfy the debt with this money first... View More

Nina Whitehurst
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answered on Nov 16, 2024

The simple answer is most likely yes. More facts would be needed to give a definitive answer. My best advice is you should schedule a consultation with an experienced trust administration attorney.

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1 Answer | Asked in Immigration Law for Arizona on
Q: Can I travel with a pending asylum case and a CR6 green card without risking abandonment of the asylum or rentry issues?

"I have a pending ASYLUM CASE with USCIS and hold a CR6 GREEN CARD, and I do NOT wish to WITHDRAW my asylum case. Considering that my asylum case may be MOOT due to my CR6 status, can I TRAVEL INTERNATIONALLY (excluding my asylum country) without risking ABANDONMENT of the asylum case or... View More

James L. Arrasmith
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answered on Nov 15, 2024

While having a CR6 green card generally allows for international travel, traveling with a pending asylum case requires careful consideration. Your CR6 status as a conditional permanent resident provides legal rights to travel, but departing the US could potentially impact your asylum case.... View More

1 Answer | Asked in Car Accidents for Arizona on
Q: Hi I was in an accident back in May I have a lawyer but their not doing anything. Can I hire someone else?
Tim Akpinar
Tim Akpinar
answered on Nov 3, 2024

An Arizona attorney could advise best, but your question remains open for a month. In virtually all states across the nation, the basic rule is that clients are free to change attorneys, and vice-versa, attorneys are free to withdraw from representing clients (with a few exceptions requiring court... View More

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