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1 Answer | Asked in Divorce, Immigration Law, International Law and Family Law for Iowa on
Q: Can my wife file for divorce from Germany and would Iowa uphold a German court's judgment?

My wife and I were married in Iowa and lived there for 12 years. She is a German immigrant with a permanent resident card. She decided to leave me and has been living in Germany with her family for the past 7 months. We have no children, and there have been no formal agreements regarding divorce or... View More

James L. Arrasmith
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answered on Apr 7, 2025

Yes, your wife can file for divorce in Germany. Since she is living there and is a German citizen, German law allows her to initiate divorce proceedings even if the marriage took place in Iowa. Divorce jurisdiction is usually determined by the country where one of the spouses resides, which in this... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Internet Law and Personal Injury for Iowa on
Q: Recorded using n-word, posted online, facing harassment. Legal steps?

I was recorded saying the n-word without my consent, and the video was posted on Instagram. Despite reporting it to Instagram, I am facing ongoing verbal harassment online, and it's impacting my life. I haven't contacted the person who posted the recording, but I know who shared and... View More

James L. Arrasmith
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answered on Apr 7, 2025

If you are facing harassment after the video was posted without your consent, you have several legal options. First, document all instances of harassment and save any communications that show the ongoing verbal abuse. This evidence will be crucial in case you need to take legal action.

You...
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1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Gov & Administrative Law for Iowa on
Q: Police incident involving retrieval of tools, homeowner threats, and subsequent police apology.

I went to a person's house with a police officer to retrieve a few tools (a hammer, texture sprayer, trowel, and other items). The officer asked if he should lock the keys inside after we left, and I agreed. Later, the same officer was there with the homeowner and other officers to search the... View More

James L. Arrasmith
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answered on Apr 7, 2025

It sounds like you’ve been through a very stressful and confusing situation. From what you’ve described, the police officer’s failure to properly communicate with both you and the homeowner about the key left room for misunderstandings. When the officer mentioned locking the keys inside,... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Personal Injury, Criminal Law and Domestic Violence for Iowa on
Q: What can I do if a trespassing warning wasn't served correctly after calling 911?

I called 911 because someone threatened my life via text and then showed up at my home, causing damage to my windows and doors. The police issued him a trespassing warning, but I believe it wasn't served correctly. Should I be informed about what he told the police when they arrived, and what... View More

James L. Arrasmith
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answered on Apr 1, 2025

When a trespassing warning is improperly served, you may have grounds to question its validity and enforcement. The service requirements vary by jurisdiction, but generally involve direct notification to the individual with proper documentation of the warning. You have the right to inquire with the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Family Law for Iowa on
Q: Is it legal for a judge to order registration as a sex offender without charges?

I was ordered by a judge in Lee County, Iowa to register as a sex offender without any charges or valid reasons, stemming from a case involving a child in need of assistance based on false allegations and poor counseling. Is it legal for a judge to make such an order under these circumstances, and... View More

James L. Arrasmith
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answered on Apr 1, 2025

Generally, courts must follow due process procedures before imposing sex offender registration requirements, which typically stem from criminal convictions rather than civil proceedings like Child in Need of Assistance (CINA) cases. In Iowa, as in most states, registration as a sex offender usually... View More

2 Answers | Asked in Estate Planning and Family Law for Iowa on
Q: Conflicting custodial guardianship in wills

If my will states that, in the event both my husband and I pass away, our son should go to my cousin, but my husband's will states our son should go to his family, what will happen?

Anthony M. Avery
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answered on Mar 29, 2025

Those will declarations are not absolutely enforceable, as the Court must consider the best interest of the minor child. However they are very strong appointment declarations which the Court will consider. Whoever drafted your wills should have told you this.

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1 Answer | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Medical Malpractice for Iowa on
Q: Options for ensuring proper legal representation and medical care for my son in jail?

My son has been in jail for 123 days after being arrested outside my home while in a state of full psychosis. This happened after a nurse informed his probation officer that he needed to go to the ER for treatment. Instead, he was arrested, tased, denied a phone call, and the public defender... View More

James L. Arrasmith
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answered on Mar 26, 2025

I'm truly sorry about the distressing situation with your son. Your commitment to protecting him is clear, and his suffering must feel overwhelming for you both.

You have several pathways to pursue immediately. Contact the supervisor at the public defender's office to report your...
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1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Election Law for Iowa on
Q: False methamphetamine charge dismissed; concerns about fabricated charges and election tampering by officials in Iowa.

I was falsely charged with distribution of methamphetamine, though the charges were dismissed in the interest of justice, and all costs were taxed to the state. I believe these charges were fabricated as part of election tampering by the now-elected sheriff and his newly appointed Chief Deputy, who... View More

James L. Arrasmith
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answered on Mar 24, 2025

You've been through an incredibly difficult experience with these fabricated charges and subsequent assault. Given the serious nature of your situation, you might consider filing a complaint with your state's Attorney General's Office or the Department of Justice's Civil Rights... View More

1 Answer | Asked in Civil Rights, Consumer Law and Libel & Slander for Iowa on
Q: Is it legal in Iowa to share recorded arguments without consent?

In Iowa, is it legal for my husband to record me during arguments after provoking me and then share those videos without my consent to a group of people he mentioned he has shared with previously? I have expressed not wanting to be recorded, and this makes me feel vulnerable and belittled.

James L. Arrasmith
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answered on Mar 24, 2025

Iowa is a one-party consent state, which means your husband can legally record your arguments without your permission as long as he's participating in the conversation. Under Iowa law, it's legal to record a conversation if you are a contributor or with prior consent from one of the... View More

1 Answer | Asked in Civil Rights, Education Law and Domestic Violence for Iowa on
Q: Can I take legal action after being set back in school due to abuse in Iowa?

My mom and her boyfriend assaulted me, and when I called the cops, she had me committed to St. Luke's in retaliation. I was evaluated and found to be fine. This happened multiple times, and I was sent to places like 4 Oaks, setting me back 12 credits in school. I am now 20 and in my second... View More

James L. Arrasmith
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answered on Mar 24, 2025

I'm sorry to hear about your difficult experience. You might have grounds for legal action based on what you've described, as your situation potentially involves various legal issues including assault, improper institutionalization, and educational harm. In Iowa, there are statutes of... View More

1 Answer | Asked in Civil Rights and Employment Law for Iowa on
Q: Security officer retaliated against after issuing parking ticket at Iowa university.

I work as a security officer for a private university in Iowa. I issued a parking ticket to a student following university regulations. However, the director of security threatened my employment over it, disregarded the grievance process, and voided the ticket. Previously, I faced retaliation for... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation describes a concerning pattern of potential workplace retaliation that deserves attention. Documentation through emails and incident reports was a smart move, as this creates a paper trail of the events that occurred between you and the director of security. Employment law often... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Iowa on
Q: Is "eat s*** and die" a death threat in Iowa law?

Is the phrase "eat s*** and die," when used in an email directed at a U.S. Senate member, considered a death threat under Iowa law?

James L. Arrasmith
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answered on Mar 24, 2025

Your question touches on the intersection of free speech and communication with elected officials. While expressing strong disappointment to representatives is generally protected by the First Amendment, the specific phrasing you used walks a fine line.

The phrase "eat s*** and...
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1 Answer | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Is it illegal to email 'eat s*** and die' to an Iowa representative?

I sent an email to an Iowa representative including the statement 'eat s*** and die' as a response to a prior email. The email didn't contain any additional threats, although it did express my disappointment. Is this statement considered illegal?

James L. Arrasmith
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answered on Mar 24, 2025

Your question touches on the intersection of free speech and communication with elected officials. While expressing strong disappointment to representatives is generally protected by the First Amendment, the specific phrasing you used walks a fine line.

The phrase "eat s*** and...
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1 Answer | Asked in Public Benefits, Social Security and Health Care Law for Iowa on
Q: Legal actions to protect social security, Medicare, and Medicaid benefits.

I am concerned about potential changes to social security, Medicare, and Medicaid. What legal actions or advocacy steps can individuals take to protect these benefits amid talks of cuts or changes?

James L. Arrasmith
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answered on Mar 16, 2025

If you're concerned about potential cuts or changes to Social Security, Medicare, and Medicaid, there are practical steps you can take. Start by contacting your elected representatives—write letters, emails, or make phone calls explaining how proposed changes might personally impact you and... View More

2 Answers | Asked in Criminal Law, Civil Rights, Civil Litigation and Personal Injury for Iowa on
Q: Assault case: No charges filed, due process rights violated?

I was assaulted by my sister's husband in Washington, Iowa, on December 4, 2024, while trying to retrieve a BMW I inherited from my brother's estate, for which my sister is the administrator. The assault resulted in a broken nose and a dislocated jaw. Although I reported the incident and... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 5, 2025

No, your due process rights have not been violated. Keep calling the police and requesting information about the investigation and ask why nothing has progressed.

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1 Answer | Asked in Bankruptcy for Iowa on
Q: Can I buy a car before filing Chapter 7 bankruptcy and keep it?

I am planning to file for Chapter 7 bankruptcy. I have $7,000 in savings and am considering using this to buy a new car outright. My current financial situation includes a car loan and other credit card debts. Can I purchase the car before filing for bankruptcy and keep it through and after the... View More

James L. Arrasmith
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answered on Feb 15, 2025

While it's technically possible to buy a car before filing Chapter 7 bankruptcy, doing so could raise serious red flags with the bankruptcy trustee. Using your savings to purchase a vehicle right before filing might be viewed as an attempt to convert cash assets into exempt property, which... View More

1 Answer | Asked in Constitutional Law for Iowa on
Q: As a notary can I notarize things for my place of employment, such as a certificate of authenticity of medical records,

DNR orders, Wills, life sustaining orders, POA documents etc. A employee here said that it's not allowed, but as long as I am not benefiting in any way, or benefiting the company, or of relation, I should be ok to accept acknowledgements, correct?

James L. Arrasmith
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answered on Jan 28, 2025

You can notarize documents for your place of employment as long as you follow state laws and ethical guidelines. The key factors to consider are whether you have a personal or financial interest in the documents and whether notarizing them could create a conflict of interest. If you are not named... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Iowa on
Q: Iam a tenant who has been experiencing unpleasant issues adding to my mental disability

So landlord I feel has violated my disabilyty rights notes daily for past 2 yrs ..come to

James L. Arrasmith
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answered on Jan 13, 2025

I'm really sorry to hear about what you're going through. It's important to know that you have rights protecting you from discrimination based on disability. Start by documenting each instance where you believe your landlord has violated these rights, including dates, times, and... View More

1 Answer | Asked in Estate Planning and Tax Law for Iowa on
Q: When is a distribution from a trust of an appreciated asset to a beneficiary not considered a taxable event?
James L. Arrasmith
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answered on Jan 12, 2025

When a trust distributes an appreciated asset directly to a beneficiary, it often isn’t considered a taxable event at that time. This is because the beneficiary receives the asset with its original cost basis, deferring any capital gains tax until they decide to sell the asset. By holding onto... View More

1 Answer | Asked in Insurance Bad Faith for Iowa on
Q: Can owners force renters to get rental insurance in Iowa. We already have a deposit.
James L. Arrasmith
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answered on Jan 10, 2025

Yes, landlords in Iowa can legally require tenants to obtain renter's insurance as part of the lease agreement, even if you've already paid a security deposit. These are considered separate forms of protection - the deposit covers potential property damage, while renter's insurance... View More

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