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Hawaii Questions & Answers
1 Answer | Asked in Domestic Violence, Divorce and Family Law for Hawaii on
Q: Can a person live just outside the protective area of a Tro from the filers home address?

My soon to be Ex wife assaulted me, was arrested. I placed a Tro against her. She moved into her friends house just 20 yards past the 100 yards no go zone for my home. I can’t drive out of the neighborhood or take my kids to park with being forced into the 100 yard zone. And she has been... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I do not practice law in Hawaii so i can only speak to general principles of law. Typically restraining orders limit the activities of the respondent or person who is being restrained by the order. It sounds like you are person being protected by the order (often called a petitioner). Does the... Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have lived on land in Hawaii for 26 years without a hitch. How do I prove it? To whom shall I file my proof?
John Michael Frick
John Michael Frick
answered on May 3, 2023

File a lawsuit to quiet title by adverse possession against the person with legal title based on what is recorded and against anyone else claiming an interest or lien to the property.

Give your attorney documents, photographs, and the names of witnesses that can show you have in fact been...
Read more »

1 Answer | Asked in Employment Law, Civil Rights and Military Law for Hawaii on
Q: Army EO complaint

An EO complaint was brought against me. The IO found that I committed unlawful discrimination, however, the independent SJA review found that it was legally insufficient. What should I expect will happen next?

I am an active duty O-3 in the Army.

James L. Arrasmith
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answered on May 2, 2023

As an active duty O-3 in the Army, you may expect further review of the EO complaint by your chain of command. The SJA review found the complaint legally insufficient, so it is possible that the complaint may be dismissed. However, it is ultimately up to your chain of command to make a... Read more »

1 Answer | Asked in Social Security and Public Benefits for Hawaii on
Q: I’m not sure if my first question was saved. Just registered. I am 67 years, 11 months old. widowed since 6/2019.

I didn’t know that I was eligible to receive my deceased husband’s benefits. I applied yesterday. SSA said they would pay retroactively 6 months (from October 22). Am I eligible to receive ALL the benefits from when I was first eligible, at age 66 years and 2 months? Thank you!

James L. Arrasmith
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answered on May 2, 2023

Yes, as a widow, you may be eligible to receive your deceased husband's Social Security benefits. Generally, you can receive survivor benefits as early as age 60 (or age 50 if you are disabled) and continue to receive them for the rest of your life.

If you filed for survivor benefits...
Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: Oh and I nearly forgot when they took me to the holding cell .I was repeatly asking to talk to my lawyer

They just kept ignoring me I felt like they were not honoring my rights so when they questioned me I just answered making up wat ever because I felt they were not respecting my rights

Mark Simonds
Mark Simonds
answered on Apr 3, 2023

When someone is in police custody, and subjected to interrogation, all questioning must cease if the person detained requests a lawyer. Also, if the person detained asserts their right to remain silent, police must cease questioning, however, my resume questioning at a later time. Please talk to... Read more »

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: I have a federal case with Safeway and I need help. How do I find an attorney for a federal case?

I was working for a company other than Safeway. When I fell in a Safeway while their store was under construction, I need help. There were many people involved in this case so I’m not sure what attorneys can help me due to conflict of interest.,, and due to my head injury I have a had a hard time... Read more »

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

First, you need a workers compensation attorney to address your claim against your employer for your on-the-job injury. This will be how you get compensation for any missed work and get your medical bills paid.

Second, you need a Hawaii lawyer who is admitted to the Oahu federal district...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Hawaii on
Q: Am I allowed to reference a worksheet in a screenplay?

The worksheet came from a book. The copyright page states: “Purchasers of this book have permission to copy worksheets and boxes, where indicated by footnotes, for personal use or use with individual clients. These worksheets and boxes may be copied from the book or accessed directly from the... Read more »

James L. Arrasmith
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answered on Mar 29, 2023

The copyright page of the book that contains the worksheet in question states that purchasers of the book have permission to copy the worksheet for personal use or use with individual clients, but may not distribute it on intranet or internet sites, or make it available for resale. However, it is... Read more »

1 Answer | Asked in Contracts for Hawaii on
Q: Can I get help to get out of a contract? I have had a horrible experience with a solar panel company.

Firstly, the person who sold me them lied about what my electric bill would be. Secondly, they installed the system backwards, that made my electric bill triple it took them a year and a half to figure this out. Lastly, where they put the solar panels, I had terrible mold on my ceiling. They told... Read more »

Jacob Rheaume
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answered on Mar 18, 2023

Hi Judy,

I'm terribly sorry this is happening to you. Without being able to review the contract, the advise that I (or anyone else) will be able to give you is limited.

That said, from what you say, I think you (most likely) have a very strong case arising under common law,...
Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

James L. Arrasmith
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answered on Mar 29, 2023

It is possible to start a podcast with the same name as a documentary film from several years ago, but it may be risky due to potential trademark issues. The documentary may have a trademark for the name "Gun Stories" in relation to entertainment or documentary services. If you use the... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, you can, but if your podcast is deemed confusingly similar to the prior uses then you may be approached to change the name or reduce the chance of confusion. And, by the way, doing a trademark search is not the best way to see if there's a conflicting usage of the name. The purpose of a... Read more »

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1 Answer | Asked in Consumer Law for Hawaii on
Q: Can I sue a store for non delivery of product with a POS receipt that is not a registered business in Hawaii?

After seeing and agreeing to put a deposit on a product at a store in Maui, I was asked to sign a shipping & purchase document, as they were just the licenced distributer of the product and the manufacturer would be shipping my product upon full payment. I remember reading I would have 14 days... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

If you believe that you have been a victim of a scam or fraud, you may want to consider contacting an attorney who specializes in consumer protection or fraud cases. They can advise you on your legal options and help you determine whether you have a viable claim for damages.

In general,...
Read more »

1 Answer | Asked in Civil Rights, Personal Injury and Workers' Compensation for Hawaii on
Q: Toxic work place suffered a psychological injury.Is a psychological injury a disability?
Tim Akpinar
Tim Akpinar
answered on Jan 4, 2023

A Hawaii attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to workers' comp and disability attorneys in Hawaii to try to set up free initial consults to discuss. You could search attorneys on your own, and there's a tab above,... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Hawaii on
Q: Backing out of supermarket stall I bumped into someone behind. There was no damage.The lady said I dont know what to do

I told the lady there was no damage. There was lots of traffic backing up. I got back into my car pulled out and as I was moving forward the lady grabbed onto my cars driver side mirror almost pulling it off. I told the lady there was no damage get off my car. She let go. So I left thinking she... Read more »

Mark Simonds
Mark Simonds
answered on Oct 10, 2022

I recommend that you hire a competent attorney, or, if financial circumstances do not permit that, to apply for the services of a public defender. Depending on how you are charged, this is a matter which could result in the potential for jail time under these facts, possibly up to 10 days! While... Read more »

1 Answer | Asked in Probate for Hawaii on
Q: How do you know if a deceased parent had a will, or life insurance?

Also a deceased parent estate, and assets, where to find this information.

Kelly LaPrade
Kelly LaPrade
answered on Oct 9, 2022

You should check at local banks to find out if the decedent had a safe deposit box. Most banks will allow access for the purposes of looking for a Will. Look through the decedent’s files and mail.

If you do not have access you may need to contact a lawyer to determine if you can be...
Read more »

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Hawaii on
Q: Rented home,w/o alarms, fixed rotten stairs prior to moving in,nor got check 4 repair,not renting condition, able 2 sue?

investigation found zero fireworks or any known combustible items near reported start of fire location.fire investigator’s/landlords insurance determined cause unknown. First week moving in home, off and on we would smell burning wood but didn’t see smoke, (ironically the location witnesses... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. Your question straddles several categories and I can only speak for the Personal Injury aspect of your question, not the L-T issues. When you mention "unscathed," it sounds like you might be referring to... Read more »

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can Canadian citizens leave and return to the US if they are in the process of a visitor visa extension?

I am a Canadian citizen and have been in the US for just over 12 months. I have applied for a visitor visa extension before my 6 months expiration date and was given a biometrics interview, however, at the time my daughter's passport expired and we had COVID and we re-scheduled the... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Oct 1, 2022

There is something odd about this situation. Usually those who file for an I-539 extension are not required to do biometrics. I sense that the wrong form was filed out, but more information is needed!

Canadians usually have a unique relationship with the U.S. The entry is often viewed as...
Read more »

1 Answer | Asked in Divorce and Immigration Law for Hawaii on
Q: My wife can't get a visa from the state department to return to me/USA. She is in the Philippines we need help advise,

We were married in Hawaii, she went back to her home and got stuck in the Philippines because of covid. Her visa was denied probably because I don't make enough money. I am on SSI. This has been a two year process and we only hear from visa agencies that we need to pay them a $1000.00 to get... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 27, 2022

If you are married to her, then you can apply for a spousal visa. If you do not make enough money to financially sponsor her, then you can enlist the aid of a joint financial sponsor. This can be anybody who is a green card holder or a US citizen state side, and if they make enough money, then your... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: If my friend is gonna get charged with a promoting a detrimental drug but everything was in my truck, if I come

Forward and say it wasn’t theirs? Would they get let go? It was in my truck so?….

Mark Simonds
Mark Simonds
answered on Sep 17, 2022

Aloha, as you could potentially incriminate yourself and get charged, I would advise you assert your 5th Amendment Right to remain silent. But, if your friend calls you as a witness at trial you should seek the advice of an attorney.

I wish you the best of luck.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is promoting gambling in the second degree a felony in hawaii?
Mark Simonds
Mark Simonds
answered on Sep 17, 2022

It is a misdemeanor. Hawaii Revised Statutes, § 712-1222 (2013 reads as follows:

Promoting Gambling In the Second Degree.

(1) A person commits the offense of promoting gambling in the second degree if the person knowingly advances or profits from gambling activity.

(2)...
Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have a question about un-filed deeds in Hawaii real estate.

My wife owned a piece of property and she passed away. A cousin has come forward and is claiming the property was sold to them in the early 2000’s the deed has a notary stamp, But isn’t recorded anywhere legally. I’m worried if I don’t agree to the demands presented to me I will be sued... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 13, 2022

Hire a competent HI attorney now to search your Title. You will probably have to sue the cousin to Quiet Title, as he may have blown an SOL. Payment of Taxes may be very significant here. Unrecorded Deeds are effective only amongst the named Parties. He will probably record it now and may... Read more »

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