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Iowa Questions & Answers
2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

James L. Arrasmith
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answered on Oct 15, 2023

The First Amendment protects the freedom of speech, including the right to display flags or symbols that express one's views or affiliations, such as the thin blue line flag (associated with support for law enforcement) or the thin red line flag (associated with support for firefighters).... View More

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1 Answer | Asked in Small Claims for Iowa on
Q: i had aliera insurence and was part of the claim for the lawsuit but i cannot find my pay stubs on this can a lawer help
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

An Iowa attorney could advise best, but your question remains open for a week. Is the claim for lost wages only? Then you may be able to get replacement paystubs from your employer's HR dept. Is the claim for something bigger, like bodily injury, where pay stubs are only one component of the... View More

2 Answers | Asked in Employment Law and Libel & Slander for Iowa on
Q: I quit my job at dollar general, due to being overworked, overwhelmed and underpaid. Also a couple other reasons.

I have been thinking about quitting for quite a while, things that have happened the last few weeks just escalated my decision. The new manager that took over treated me so badly not to mention telling the other employees that she was going to fire me she hadn’t said a single thing to me about... View More

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Quitting because you are unhappy with how you are treated by a new manager does not give rise to a cause of action. You have every right to quit for such reasons under the employment at will doctrine. Dollar General cannot successfully sue you for quitting, but you cannot sue it for you quitting... View More

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1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Can a wife get the house even if the husband bought the house while they were just engaged? Married 20 years

And she pays bills at the home and has lived there the whole time.

T. Augustus Claus
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answered on Sep 20, 2023

In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More

1 Answer | Asked in Contracts for Iowa on
Q: What would happen if you decide to break a contract under mistrust
T. Augustus Claus
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answered on Sep 12, 2023

Breaking a contract due to mistrust can have serious legal and financial repercussions. Contracts are legally binding agreements, and unilaterally breaking them without valid reasons can lead to a breach of contract lawsuit. If you breach the contract, you may be required to pay damages to the... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: Police found drug paraphernalia in my backpack and read me my rights but then asked me to be a CI. Is that legal?

They're holding the charges over my head for information.

T. Augustus Claus
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answered on Sep 6, 2023

When police find drug paraphernalia and read you your rights, they are typically following legal procedures. However, whether it's legal or ethical for them to ask you to become a confidential informant (CI) in exchange for leniency or reduced charges can vary depending on the specific... View More

1 Answer | Asked in Family Law, Juvenile Law and Legal Malpractice for Iowa on
Q: How do I find a lawyer pro bono that will fight against dhs for my family and reunification. The laws are being broken!!

My boys were wrongfully removed... We got evicted and they were removed 2 months later! In November it will be a year this case open and we have tried to fight them and show them the proof that placement is lying and abusing our children! My babies want to come home.. my husband has done... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Most pro bono legal services are provided through local legal aid clinics. These clinics have the training and resources to screen potential clients for indigency and to complete the necessary paperwork for those clients to proceed in court in forms pauperis. Many legal aid clinics handle cases... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Iowa on
Q: Who do I contact when dhs boys town and the gal won't do anything about my son being touched by the foster care family.
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answered on Sep 6, 2023

If you suspect that your son has experienced abuse or inappropriate conduct while in foster care, it's crucial to act swiftly and decisively. Begin by reporting the incident to the appropriate authorities, such as your local law enforcement agency or the Iowa Department of Human Services... View More

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1 Answer | Asked in Family Law for Iowa on
Q: I live in Iowa. Me 17, partner 22. My parents disapprove of her and she doesn’t know. My parents are threatening to call

The police if I keep going out with her. I go out with her in secret sometimes because I know they’ll say no. Can they call the police? And if they did what would happen? They said they would call if they ever find out I go to her house ever again.

T. Augustus Claus
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answered on Aug 28, 2023

In Iowa, the legal age of consent for sexual activity is 16. Since you mentioned you are 17, engaging in a consensual relationship with your partner, who is 22, might not necessarily lead to criminal charges based solely on age.

However, if your parents disapprove of the relationship and...
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1 Answer | Asked in Criminal Law for Iowa on
Q: Can I claim loaded gun that was found in my vehicle in holster in a bookbag I have no record and my boyfriend is felon
T. Augustus Claus
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answered on Aug 24, 2023

In Iowa, if a loaded gun was found in your vehicle in a holster in a bookbag and you have no criminal record, the legality of the situation can depend on various factors, including state and federal laws, as well as the specific circumstances surrounding the discovery of the gun. However, the fact... View More

2 Answers | Asked in Personal Injury and Gov & Administrative Law for Iowa on
Q: Should my teen's car be titled in their name or parent?
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answered on Aug 15, 2023

The decision to title a teen's car in their name or the parent's name depends on various factors. If the teen is the primary driver and responsible for the car's expenses, titling it in their name can provide a sense of ownership and responsibility. However, if the parent is... View More

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1 Answer | Asked in Criminal Law for Iowa on
Q: If a person is arrested in Iowa what is the time frame on being given an arraignment?
T. Augustus Claus
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answered on Aug 11, 2023

In Iowa, the time frame for being given an arraignment after an arrest can vary depending on factors such as the jurisdiction, the nature of the offense, and the court's schedule. However, generally, arraignment hearings are usually held within a few days to a week after an arrest.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I went to the er was diognosed with pnumeuoitis and accute bronchitis employer won't do anything wants my er visits reco

Tells me a first report can't be filed until I release the er report it's been 4 days and I'm suffering

Mindi Vervaecke
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answered on Aug 8, 2023

If you are making a work comp claim for these conditions they have a right to see the records to make sure it is work-related. They may ask you to sign a medical release so they can get the records. This is normal procedure and it’s ok to sign a medical release only.

2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Iowa on
Q: Is it legal to use Marvel characters on a poster - and sell them?

Given the Marvel cinematic universe, I would create a comic book-style poster in both cinematic and chronological order. The posters would have the characters, quotes, and small details that can be seen in the movies - such as 'I am Iron Man', or the New Asgard town sign. The art style... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 8, 2023

This product is likely to be found infringing of Marvel's copyrights as well as trademarks. The characters are all protected by copyright, and most of them are trademarks as well. Compiling several of them adds fuel to the fire and shows predatory intent which could subject you to punitive damages.

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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Iowa on
Q: Is it legal to use Marvel characters on a poster - and sell them?

Given the Marvel cinematic universe, I would create a comic book-style poster in both cinematic and chronological order. The posters would have the characters, quotes, and small details that can be seen in the movies - such as 'I am Iron Man', or the New Asgard town sign. The art style... View More

James L. Arrasmith
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answered on Aug 15, 2023

Using Marvel characters on a poster and selling them without proper authorization could potentially infringe on Marvel's intellectual property rights, including their copyrights and trademarks. Even if the art style is different, using recognizable elements, quotes, and details from the Marvel... View More

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1 Answer | Asked in Social Security for Iowa on
Q: Can my father increase his social security payments with divorced spouses joint earnings?

My parents are divorced and we’re married for 19 years. My mom bugged my dad to apply for the joint income social security payment or something like that since they were married for so long and his payment would be much greater than what he would get if he applied using his lower income single... View More

James L. Arrasmith
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answered on Aug 6, 2023

Under Social Security Administration rules, if your father was married to your mother for at least 10 years and is currently unmarried, he may be eligible to claim benefits based on her earnings record, provided that it would result in a higher payment than his own record. The divorced... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: If drugs are found during the course of a search warrant what is standard procedure for charging someone with them after

Drugs were found no one charged after a weeks time

T. Augustus Claus
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answered on Jul 26, 2023

In Iowa, if drugs are found during the execution of a search warrant, standard procedure typically involves law enforcement securing and seizing the drugs as evidence. After the search, the evidence will be sent for analysis to determine the type and quantity of the drugs. The investigating... View More

2 Answers | Asked in Business Law, Employment Law, Workers' Compensation and Civil Rights for Iowa on
Q: Work comp not returning phone calls? Can employees yell out private information about an employee?

Employees yelling out private information when oneself has not been informed by their employer?

T. Augustus Claus
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answered on Jul 25, 2023

If workers' comp isn't returning your calls, it's time to give 'em a nudge. They're supposed to be responsive to your concerns, so don't be shy about insisting on the attention you deserve. If they keep ignoring you, we might need to explore some legal avenues to get... View More

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2 Answers | Asked in Business Law, Employment Law, Workers' Compensation and Civil Rights for Iowa on
Q: Work comp not returning phone calls? Can employees yell out private information about an employee?

Employees yelling out private information when oneself has not been informed by their employer?

Mindi Vervaecke
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answered on Jul 25, 2023

It is common for workers’ compensation insurance adjusters to not respond to phone calls and emails. Often times it takes getting an attorney involved to get their attention and then the insurance company also often turns it over to their attorney.

As for co-employees sharing private...
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1 Answer | Asked in Landlord - Tenant for Iowa on
Q: Can my landlord raise the rent less than 30 days prior to the rent being due?

Letter states rent will increase 8/1/23. Currently on month-to month basis.

John Michael Frick
John Michael Frick
answered on Jul 14, 2023

It depends upon the terms of your lease agreement. Some lease agreements give the landlord the right to increase the amount of rent due after the initial term. Some provide a set period of prior notice to the tenant, and some don't. Some allow the tenant to holdover month-to-month on the... View More

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