Hawaii Questions & Answers by Practice Area

Hawaii Questions & Answers

Q: I’m being accused of sexual assault. There’s no evidence or proof of this crime, a report was made 4years ago.

1 Answer | Asked in Sexual Harassment for Hawaii on
Answered on Feb 18, 2018

Posting of picture all around with or without any poof is a defamation, character assassination and falls under an offence triable in a criminal court. Report the matter to nearby police bureau for action against defined persons.
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Q: Can lawyers fees be recouped and part of a suit for damages to property and harassment, and/or punitive fees?

1 Answer | Asked in Civil Litigation, Personal Injury and Real Estate Law for Hawaii on
Answered on Jan 4, 2018
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Q: Hit a pedestrian with car. Police say it’s her fault. My car is wrecked. Can I take legal action for my car?

1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for Hawaii on
Answered on Dec 26, 2017

You can only go after her for the value of the vehicle. Presumably that was the collision that paid off the loan. If she had insurance that's all you can go after her for. Realistically, if she was on drugs in the middle of the road, do you think she will have money to pay for any judgment you get?
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Q: Can a father have full legal and physical custody of one child and the mother full custody of the other child?

1 Answer | Asked in Child Custody for Hawaii on
Answered on Dec 10, 2017

Yes, this is possible, so long as the judge is willing to sign off on the order. You should consult with an attorney regarding the consequences of such an agreement.
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Q: What are the chances of me getting full custody of my 2 year old daughter if I'm the father?

1 Answer | Asked in Divorce and Child Custody for Hawaii on
Answered on Dec 10, 2017

You should consult with an attorney, but unless the mother poses a danger to the child, it's unlikely she would lose custody of the child. 50/50 custody is most common in the state. The adultry probably won't be relevant.
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Q: How to can I get visitation if my child lives in hawaii and I live in Georgia ?

1 Answer | Asked in Child Custody for Hawaii on
Answered on Dec 10, 2017

I would suggest consulting with a Hawaii attorney, as Hawaii would have jurisdiction over the child if the child has lived in Hawaii for over six months.

Depending on if you and the mother are married, a divorce or paternity case would have to be initiated. If there's already a divorce or paternity decree in this matter, a motion for post decree relief would be filed if you are looking for more or different visitation than has been ordered. If you would like to enforce visitation...
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Q: Is there a case that I can make to keep overpayment if I contacted the employer multiple times to try and stop payment?

1 Answer | Asked in Employment Law for Hawaii on
Answered on Dec 9, 2017

Your stand and position is well clear. There seemed to be a system error that was generating payment and received by you. However, as you agreed to their over-payment and that no payment from ex-employer is outstanding, you may voluntarily return their over-payment asking them to formally accept error on their part and that you are not liable for it.
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Q: I found a Land Patent or Land grant given to my 4th Great Grandpa in 1861 and its signed by Abraham Lincoln how can i cl

1 Answer | Asked in Land Use & Zoning, Patents and Real Estate Law for Hawaii on
Answered on Dec 8, 2017

Although we now associate the word patent with the world of inventions as those with a patent given by a government can exclude others from making, using, selling, or offering to sell something covered by the patent rights -- the term patent was used more broadly in earlier times.

Letters patent were official grants by the government to an individual or company conveying special rights. It may have been the exclusive right to have a monopoly that was not related to any invention....
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Q: If I am on SSI and work part time bringing home $449 every 2 weeks do they deduct money from my $735 SSI check?

1 Answer | Asked in Social Security for Hawaii on
Answered on Nov 30, 2017

The question will be at what point does your sustained work show an ability to engage in substantial gainful activity. Suggest you connect with your local legal aid office as your earnings look to exceed your SSI check. They may also affect any other government benefits, public housing etc.
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Q: What US law (in 21006 or 2007) gave timeshare resorts the right to let non-owners pay to use units ?

1 Answer | Asked in Consumer Law and Real Estate Law for Hawaii on
Answered on Nov 29, 2017

This right is typically granted by the resort's bylaws and not through legislation. If a room is not being used, they will allow others to use it in an effort to avoid waste. Does that answer your question?
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Q: If an illegitimate child's father is an american citizen, what surename should he/she be using?

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Answered on Nov 27, 2017

Possibly. It depends on a variety of factors. It is best to consult with an immigration attorney to discuss your particular circumstances.
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Q: Can an old roommate enter house without permission and collect belongings?

1 Answer | Asked in Landlord - Tenant for Hawaii on
Answered on Nov 13, 2017

Technically, she did pre-inform you of her visit and as you fell asleep did not bother to wake you up .... however, came in and took away her belongings only. Lesson is be vigilant next time and secure your entry....
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Q: If the landlord and I have a written agreement to keep rent the same and stay there forever. Can the police kick us out

1 Answer | Asked in Landlord - Tenant for Hawaii on
Answered on Nov 9, 2017

As your landlord has intention to violate his own agreement and want to evict you by police, which is not a possibility, then as a pre-preemption you move for a restraining order through Attorney of your local jurisdiction along with claims of physical and emotional sufferings and damages for moving out.
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Q: My son was driving my car and hit a empty parked car but left the scene. He was ticketed for leaving the scene

1 Answer | Asked in Car Accidents and Traffic Tickets for Hawaii on
Answered on Nov 3, 2017

The attorney can find out from the judge but it'll look way better if he comes back as the whole thing happened because he left. As they say the "optics" are bad if he can't be there. The attorney can try to rearrange the date or time so that it's first thing Monday or Last thing Friday or whatever day he can get off.
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Q: Can I be forced to join/remain a member of a union?

1 Answer | Asked in Employment Law for Hawaii on
Answered on Nov 1, 2017

You are free to refrain from their activities that may harm your career. However, you are advised to continue make payment towards union funds, if not automatically deducted out of payroll. Your denial otherwise may invite their vendetta.

To be on safe side, consult your supervisor and take him into confidence. If union is that strong and can screw the company they can screw you too to take revenge, therefore, handle it tactfully.
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Q: In Hawaii officers when asked several times for a copy of the search warrant , was never given one nor what was taken

1 Answer | Asked in Civil Litigation and Criminal Law for Hawaii on
Answered on Oct 15, 2017

Incomplete question cannot be answered correctly. As your son was involved in an alleged offence and police having warrants entered your premises for search and other investigation. They put a tape for public not to cross the scene and later three officers crossed the scene tape, etc. etc. You have witnessed their movement and likewise enteries would have made into their record too. It would be premature to suggest any legality or illegality on the part of investigators.
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Q: The manager for my gated community is treating me unfairly and hasn't given me any explanation or info .

1 Answer | Asked in Personal Injury, Communications Law, Landlord - Tenant and Real Estate Law for Hawaii on
Answered on Oct 13, 2017

Do you own or rented out apt.? How long are you living there? In either the case, you may have valid rights to enter and live in there. Please explain whether such a discriminatory treatment of gate-guard is at the behest or instruction of community manager or is behaving as his own? Your neighbors have witnessed that you are walking in from gate to inside which is quite a way up nor you are allowed to have visitors as and when they visited. You are being treated discriminatory and the...
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Q: What happens if you're an undocumented immigrant (parents brought you over as a child) and your country of origin

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Aug 1, 2017


The answer to your question depends in part on what country you are from and what year you arrived. It's very fact specific, and you'd need to provide more facts for a proper evaluation.


Clare Hanusz
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Q: I purchased a condo 4years ago, but did not receive a disclosure form. I now discover that my ceiling is covered with

1 Answer | Asked in Real Estate Law for Hawaii on
Answered on Jul 14, 2017

Since the vast majority of houses built before the mid 1980s have asbestos somewhere in their structure, the seller is not required by law to priorly disclose the presence of this toxic agent. Another reason why asbestos disclosure was not deemed necessary by the State of Hawaii pertains to the relatively low risk of domestic exposure. Asbestos represents a health hazard only when fibers become airborne. Within most building materials, asbestos fibers are tightly bound and therefore cannot come...

Q: Why has district nine courts allowed victims of radiation exposure to seek relief of the Fukushima exposure??

1 Answer | Asked in Personal Injury for Hawaii on
Answered on Jun 26, 2017

You should direct that question to a toxic torts attorney. Generally, you can only sue in the united states for a wrong committed in the united states. In toxics cases,the wrong is considered to be the release in most cases. International law and it's effects are an entirely separate issue. You would also have to show your dosage, and that it and nothing else caused your harm.
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