District of Columbia Questions & Answers by Practice Area


District of Columbia Questions & Answers

Q: Can an inmate file for a protection order if his accuser is harassing him?

1 Answer | Asked in Criminal Law and Domestic Violence for District of Columbia on
Answered on Feb 21, 2018

Consult a criminal law attorney about the letter claiming she lied to get him convicted. There may be something that can be done regarding his case. There is also basis to file a protective order or maybe even criminal charges for harassment, and in your case, criminal forgery and interference with US mail.
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Q: If a judge throws out a criminal conviction, can a prosecuting attorney request and go forward with the re-trial?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Feb 21, 2018

Depends on the basis the judge “threw out” the conviction. You provide insufficient facts.
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Q: Do I still have to pay child support if my child how is 18 and now lives with me full time.

1 Answer | Asked in Child Support for District of Columbia on
Answered on Feb 19, 2018

Turning 18 usually does the trick, but you need to look at your child support order and take it to a lawyer. If child support is still due under the order or by law (such as your child has not yet graduated fro high school and support is due until graduation in May) then you will need to file a motion or petition to modify or terminate support based on a material change of circumstances (e.g., your child's change of residence). The support must still be paid until the court makes its ruling,...
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Q: Can I take my aunt to court for a equal share of the sale of the house and bank accounts?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for District of Columbia on
Answered on Feb 13, 2018

Not enough facts to answer this question. What gives you the right to claim an interest in "the sale of the house and bank accounts"? Were you named in a will by the deceased owner of these assets as an heir or legatee? Is your name on the title to these assets? If so, you will need to explain further in order to receive an answer that will be of assistance to you.
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Q: I like to know if there is an attorney in Washington, DC that handles abuse of power of attorney type cases

1 Answer | Asked in Elder Law for District of Columbia on
Answered on Feb 13, 2018

Any estates and trust lawyer, many family law attorneys, guardianship lawyers, and civil litigators, can handle such matters, depending on the nature of the abuse of the POA. Essentially, it is a breach of fiduciary duty to use a POA for purposes other than the best interests of the principal, and for the personal gain or benefit of the agent. If the agent used the POA to enrich themselves at the expense of the principal, then they can be sued and removed from acting as POA as well as to...
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Q: Minors Formalizing a Common-Law Marriage in the District of Columbia

1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Answered on Feb 13, 2018

You cannot establish a common law marriage in DC unless you have been living in DC and meet all the requirements for establishing the marriage in DC. You state you have been living together outside DC--that will not qualify, unless you are in a jurisdiction that recognizes common law marriage. Maryland and Virginia do not recognize common law marriage established in their jurisdictions, but will recognize the marriage if legally established in another jurisdiction that does allow it....
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Q: I live in Virginia but my ex husband live in dc can i file for child support in dc

1 Answer | Asked in Child Support for District of Columbia on
Answered on Feb 13, 2018

File where you and your child lives. Your ex will be compelled to respond there, or if you file with the Office of Child Support Enforcement in your location, he can respond to his local OCSE which will process the matter in coordination with your local OCSE.
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Q: WHAT TYPE OF LAWYER DO I NEED TO SUE A GENERAL CONTRACTOR FOR STEALING 22K FROM ME AND DOING NOTHING TO MY PROPERTY?

1 Answer | Asked in Real Estate Law, Contracts and Construction Law for District of Columbia on
Answered on Feb 8, 2018

Unfortunately, unlike Maryland's MHIC, the DCRA does not have a proactive investigatory and civil enforcement arm to it, and there is no insurance fund for consumers to claim against in the event a licensed contractor fails to perform a home improvement. Homeowners in DC are left to sue on their own in DC Superior Court. One thing in your favor is the DC consumer laws that provide attorney's fees and possible treble damages against the contractor, which can be awarded if you prove your...
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Q: Should we merge our companies or just change the name?

1 Answer | Asked in Business Law for District of Columbia on
Answered on Jan 30, 2018

Changing the name would have no effect. So, I would advise you make the businesses one business. You have not said what type of business Company A is. But should they have the same or similar purposes it should be fine. However, I do urge you to consult with an attorney so that he or she can get more details to be certain they are advising you correctly.
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Q: If someone got in a fight and threw something and it hit someone else what’s the punishment if the person press charges?

1 Answer | Asked in Criminal Law for District of Columbia on
Answered on Jan 23, 2018

It's an assault. Depending on the seriousness of it, which may depend on the nature of the object, it could be charged as a felony.
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Q: If some will a house to you and it has to go through probate will the judge put the house in your name?

1 Answer | Asked in Probate for District of Columbia on
Answered on Jan 18, 2018

No. The judge will have nothing to do with the sale if the decedent passed after 1995, and the court’s only role for decedents who passed from 1995-1981 was to approve the sale. The personal representative (PR) handles the re-titling or sale, and, in most cases, the easiest way to afford all of the probate and sale expenses is to list and sell the house. With current real estate prices in DC, it is almost always the best choice, but that is up to the PR.
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Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

1 Answer | Asked in Constitutional Law, Gov & Administrative Law, Civil Rights and Personal Injury for District of Columbia on
Answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will be likely to be thrown out. For example if you sue because within the past 3 years that person ran into you with their vehicle that would be OK. If your claim is that 5 years ago the person improperly...
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Q: Should I seek an attorney before allowing CPS to question my son??

1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Answered on Dec 27, 2017

Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that gave rise to the allegations. They could punish you as parents, or even take away your son. The charges, even though dismissed, are serious.

I recommend you contact counsel immediately. It...
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Q: Hello, I am a deli owner and one of my employee sued me for minimum wage and overtime.

2 Answers | Asked in Employment Law for District of Columbia on
Answered on Dec 22, 2017

An employer may not get out of legal requirements to pay minimum wage and overtime by agreement with employees.
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Q: B1/B2 travel with approved I-140, how to convince CBP of non-immigrant intent?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Dec 13, 2017

As with any nonimmigrant visa, the requirement is that you show intent to leave at the end of your authorized stay. Certainly the fact that you entered and left according to the terms of your visa will help, but you have to show other connections—work, school, family, assets/property, etc. Take evidence with you when you when you show up at the Port of Entry.
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Q: How long can I stay outside the US if I am a Green-card holder?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Nov 15, 2017

Any trip outside the US every six months is a break of continuous presence. In addition, you must show be physically present in the US for at least half of the 5 years prior to applying for citizenship.

Even if you obey these rules, you run the risk of losing your permanent residency by being gone so long. The question of where you are really living will come up, and if you maintain the pattern of six months out and two weeks in, at some point customs officials may not let you enter. If...
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Q: Revive or refile?

1 Answer | Asked in Trademark for District of Columbia on
Answered on Nov 8, 2017

The timeline for reviving an abandoned trademark is really quite short (generally only 2 months if you received the notice and a max of 6 months if you didn't, unless you can show that the abandonment was due to a PTO error). How long ago was the prior mark deemed abandoned? If it is still within the time frame, then reviving would be faster, cheaper and easier. However, depending upon how the mark was owned before, revival could then lead you to possible problems with your former partner....
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Q: I am an American citizen and want to trademark and artist's name in Canada - can I do that?

1 Answer | Asked in Contracts, Copyright, International Law and Trademark for District of Columbia on
Answered on Nov 7, 2017

Yes, a US citizen can register a trademark in both the United States and Canada. There are international treaties that allow US trademark owners to extend their trademark rights to other countries and vice versa. You should speak with a trademark attorney on how to register your mark.
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Q: Submitting questions to the probate office of Superior Court of DC for my mom's estate

1 Answer | Asked in Family Law and Probate for District of Columbia on
Answered on Nov 6, 2017

Your question was linked to the patents/invention section by accident. You may want to remove Patents from the topic list. Best of luck on your probate issue.

Kevin
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Q: Only child/Executor of parents' estate. Aunt offers to pay for an executor atty for my mom. How do I get her to cease

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for District of Columbia on
Answered on Oct 28, 2017

If you are the sole beneficiary in the Will, you might be able to handle it, but a legal consult can’t hurt. Sometimes, having a lawyer as PR is a wise choice, and lawyers can’t charge twice for their roles as PR and counsel. But, if you are worried about undue influence from your Aunt, it might be wise to consult a lawyer now.
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