Civil Rights Questions & Answers

Q: I've lived with my bf for 2 yrs. He owns the house. Do I have any legal right to temporarily stay?

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for North Dakota on
Answered on Sep 22, 2017

Your question is unclear as to whether you are being forced out. This would help in evaluating your question. Without this information, your question is difficult to address.
View Details »

Q: can you be tried with no one in court but state

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Answered on Sep 22, 2017

Yes you can be tried without the victim present if that is what you mean.
View Details »

Q: Can the office keep my children out of class?

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Ohio on
Answered on Sep 22, 2017

The school makes the rules. Talk to the school and work it out with them.
View Details »

Q: What are the rights of a deputy against searching a transgender person of the opposite sex?

1 Answer | Asked in Civil Rights for Florida on
Answered on Sep 21, 2017

I assume you are referring to the Prison Rape Elimination Act, a federal statute. If so, your use of the phrase "the PREA act" is redundant (in the same way "Rio Grande River" is redundant).

Also, instead of "insinuating circumstances", I assume you mean extenuating circumstances.

Finally, an expensive collection of resources on PREA is here: https://ojp.gov/programs/prisonrapeelimination.htm

I see nothing about searches of transgender individuals. But if the deputy...
View Details »

Q: Can I be evicted from my house?

3 Answers | Asked in Civil Rights and Real Estate Law for Florida on
Answered on Sep 21, 2017

In my opinion, no she cannot evict you as you are not a tenant. If you and she are on the title together she cannot exclude you from the property nor you her. ie: you both have the right to use the property. She can force the home to be sold via a partition action, which may be what is happening.

Hope this helps.
View Details »

Q: Borrowed money to my still husband

1 Answer | Asked in Divorce, Family Law and Civil Rights for Colorado on
Answered on Sep 21, 2017

Oral contracts can be valid so long as they satisfy the statute of frauds. I believe yours would satisfy the statute of fraud. The texts messages may actually give you a written contract depending on what is stated in them and whether the essential terms are there - I.e. The amount you loaned him and that it was a loan for the most part. Regardless, if all you have are vague texts and oral agreements it may be difficult to win, but you can always file a small claims case against him (or try...
View Details »

Q: Can cemetery workers undig someone who is already burried to a different spot with out familys permission?

1 Answer | Asked in Civil Rights and Probate for California on
Answered on Sep 20, 2017

You should review the cemetery plot contract. Most contracts provide for the cemetery to move, adjust, and even stack the coffins.
View Details »

Q: brother passed single no kids, mom died no beneficiary next of kin dad never known him, california sis took care of him

1 Answer | Asked in Civil Rights, Public Benefits and Probate for California on
Answered on Sep 20, 2017

I'm sorry, but without a will, the brother's sole heir is his father.
View Details »

Q: Whats the statute of limitations on evading a police officer with a motor vehicle in Indiana?

1 Answer | Asked in Civil Rights and Traffic Tickets for Indiana on
Answered on Sep 19, 2017

Need more specifics, however, the statute of limitations on a felony is 5 years
View Details »

Q: Civil case here?

1 Answer | Asked in Civil Rights for Florida on
Answered on Sep 19, 2017
View Details »

Q: How long can I stay on a public sidewalk

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Answered on Sep 18, 2017

Obviously, there is way more behind this question. Ask again and give a lot more details.
View Details »

Q: How could a search warrant be granted to search and raid a home due to drug paraphernalia being found in one's trash?

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Answered on Sep 18, 2017

Lots of ways to get a search warrant. Although, I can't discuss the entire intricacy of how cops/prosecutors obtain a search warrant, I can tell you that a local criminal defense attorney may be able to help you either quash or suppress the evidence from the warrant. No evidence means no case. Contact a local criminal defense attorney.
View Details »

Q: My 21 year old son was found dead in his car August 13th. I live in AR. There is a video. How do i get info and copy?

1 Answer | Asked in Wrongful Death, Family Law and Civil Rights for Arizona on
Answered on Sep 18, 2017

Find out who has the video.

Ask the victim assitance coordinator at your DA's office.
View Details »

Q: How can I get a man who is in CA to be charged with what he did here in AZ. I'm the victim and I have physical damage

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arizona on
Answered on Sep 15, 2017

Call the police department and file a report.
View Details »

Q: I'm 17 and I need to get out of my house now. I will end up committing suicide if I don't, how can I get emancipated?

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Ohio on
Answered on Sep 15, 2017

Call your local suicide prevention hotline immediately. Also talk to a trusted family member or teacher or school counselor. Call local child services if you have to. Ohio does not recognize emancipation for minors. But there is a lot of help for your situation, so you need to find it. Do it immediately. Here is a link. https://suicidepreventionlifeline.org/help-yourself/youth/

Call their number, 800 273-8255.
View Details »

Q: I'm 17. My girlfriend is 15, is there any way we can get married without parental consent? Her parents are abusive

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Alabama on
Answered on Sep 15, 2017

No. She is a minor and so are you. You can't get married without your parents consent and she can't get married at all. If you are having sex with her and she is under 16 and if you are more than 24 months older than she is you can be exposed to criminal prosecution for having sex with her. You need to get some good advice from you parents or someone who can help you sort this out.
View Details »

Q: A 16 year old girl that has a baby wants to move out of her moms house can age do that?

1 Answer | Asked in Civil Rights and Juvenile Law for Alabama on
Answered on Sep 15, 2017

A 16 year old is still a minor, just because she has a baby does not mean that she is emancipated. If she is a child who is in need of supervision -- that is if her parents can't seem to handle her -- the law allows the parents to call on the State of Alabama (DHR) to assist in what's called a Child In Need Of Supervision or "CHINS" petition. Be careful in getting the state up in your business. The other real risk is to the child of the 16 year old mother. The other risk is that DHR will get...
View Details »

Q: can I notorize the original birth certificate requested instead of sending the original birth certificate

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Virginia on
Answered on Sep 14, 2017

I think you should ask the Institue

If they will accept a notarized affidavit that swears the copy is a true and accurate copy of the original. Attach the copy to the affidavit.
View Details »

Q: My husband and I are going through a divorce but can't agree about the house.We bought it together while married but it

1 Answer | Asked in Divorce and Civil Rights for Florida on
Answered on Sep 14, 2017

You should amend your pleadings to include a count for partition. At trial, the judge, more likely than not, will order the house sold. Good luck.
View Details »

Q: I own a house. My girlfriend moved in 5 months ago and we broke up recently. She hasn't paid rent in 3 months.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 13, 2017

The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.