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Louisiana Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother has a domestic abuse case she signed to affidavit of non prosecution what can be done to get this thrown out
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an attorney,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Do the By-Laws and the Rules and Regulations of an HOA have to be publicly recorded in Louisiana to be enforceable or

is it just the Restrictive Covenants that must recorded with the Clerk of Court?

Thank you very much,

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

In answer to your question, I contend it is just the covenants which are required to be recorded with the Clerk of Court. On the other hand, if the HOA has non-recorded rules and regulations, then it certainly should notify new property owners of its existence and have some sort of mechanism to... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: Hello, i would like to know how and if i can obtain power of attorney for my son who is incarcerated. Its for medical re
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

You can if your son signs the paperwork giving you power of attorney. If your son refuses to do so and you believe your should have some sort of equivalent of a power of attorney over him, then you should consult with an attorney in your area who handles interdictions to see whether or not that... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother was charged with domestic abuse a affidavit of non prosecution was signed because she wants to drop the charg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: My father passed and my stepmom neglected to tell me and my other sister for weeks. He didn’t have a will

My stepmom has never liked me and my older sister. We’re both over 18. My dad passed on December 1st of 2022. We didn’t find out about it until December 14th from a distant friend of the family. She never told us. We found out later from our two little sisters that still lived in the house that... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Yes, you should contact an attorney immediately who handles successions law to discuss your options. You can ask for a protective order to protect your interest in his estate.

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Medical malpractice: While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway!

While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway resulting in a concussion and a stay in Rapides Hospital after which I was sent to Tioga where I vaguely recall, arguing with nurse Shannon. It seems I fell in my room ending with an Ambulance ride to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Nursing home negligence falls within the Medical Malpractice Act in Louisiana. You should contact an attorney directly who handles medical malpractice matters. Good luck.

1 Answer | Asked in Medical Malpractice, Health Care Law and Municipal Law for Louisiana on
Q: Who insures the Parish Coroner for Malpractice or breach of duty to investigate a mandatory autopsy death?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

I am not certain there is a requirement for insurance, however if the coroner does obtain insurance, either the office of the coroner or the parish in which the coroner is located would most likely obtain the insurance as there is no requirement that each coroner be insured by the same insurance... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: In the "Louisiana HOA Laws", it states that "The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded

deed restrictions. The Bylaws are the rules and regulations for management and administration. The Resolutions are additional rules and regulations that the association may adopt." There is no mention of the Bylaws and Rules having to be publicly recorded. Farther down under "Are HOA... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

Someone else may give you a more direct answer to your question, however, I think more information is needed and I would also suggest that depending on the your specific situation, then perhaps some discretion (no matter the answer) might be in order. That is, while ignorance is not usually a... Read more »

1 Answer | Asked in Uncategorized for Louisiana on
Q: Regarding RS 32:384. What to expect after someone hit me from behind while I pushing another vehicle?Thank you.

State trooper cited me for unlawful towing & the driver that hit me was cited for carless operation. No injuries for anyone involved. Court date is March 22 in St. Charles Parish. Accident occurred on I-10 east bound in Louisiana.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Why are you asking this in Justia > Ask a Lawyer > Florida? It seems to be clearly a matter of Louisiana law.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can a naked owner of a property be homeless

Usufruct has there own home and is not living at the jome in question

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2023

Yes, a naked owner can in general be homeless, however, what I would suggest is the naked owner seek a consult with a lawyer, discuss the current situation and see what, if anything, can be done to perhaps change the circumstances.

3 Answers | Asked in Trademark for Louisiana on
Q: How much does a trademark usually costs?
Erik Špila
Erik Špila
answered on Jan 21, 2023

Hello, the answer to your question depends various other circumstances such as in which country you are seeking trademark protection, if you are willing to use the lawyer services or not, if you are going to do preliminary trademark search and so on. I advice you to contact IP lawyer and provide... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Am I required by the courts in Louisiana w/notice of deposition of opposing party, and not have any legal consequences.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post is missing something which does not allow one to attempt to answer your question.

1 Answer | Asked in Personal Injury, Car Accidents and Construction Law for Louisiana on
Q: Can dotd and contractor be liable for damage to my car from road construction

I bought a car December of 20, in March of 21 I ended up in some road construction work that we were being flagged to drive through. I proceeded to drive through like normal. Until my serpentine belt started squealing pretty much immediately and I asked the flag boy what was that down on the road?... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post suggests that the date of incident is in the year 2021----is that correct? If so, you may be out of time as in Louisiana you have 1 year from the date of incident in which to file your tort claim. If you did file a lawsuit and you have a lawyer representing you in said lawsuit then... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: in louisiana is a notice of deposition a requirement by the courts to go and answer to the other parties attorney.

I do not want to answer to them, and my attorney is not deposing them, and telling me to go to this deposition. It feels to me I'm bringing the bullets to the gun owner. .. It is a custody case with many twist .

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 19, 2023

If you were not subpoenaed to appear, then you cannot be punished for refusing to appear, assuming you are not a party to the lawsuit. You mention that your attorney is telling you to go, which makes me think you are a party, however. If that's the case and you fail to appear, then the... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

Christie Tournet
Christie Tournet
answered on Jan 19, 2023

There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a... Read more »

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1 Answer | Asked in Immigration Law for Louisiana on
Q: I am helping my friend get a green-card. He is married to a natural (born in USA) citizen and has 3 children's with her.

He did NOT enter the USA with a VISA. He is from Central America. He has never been in trouble with the law. He has been here for 17 years. He speaks English and he works steadily and has never received any assistance. He has an expired passport but can go to Consulate and have it renewed. I want... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

While it is kind of you to want to assist your friend with his immigration paperwork, there is much more to applying for a green card than simply filling out forms. He must actually be eligible for the benefits he is seeking and if he not eligible and applies he will not only be losing the money... Read more »

1 Answer | Asked in Immigration Law for Louisiana on
Q: How long does it take to petition a Filipino child under 21? I'm a US Citizen
Karol Dezwager Brown
Karol Dezwager Brown PRO label
answered on Jan 13, 2023

The minor child of a US citizen is an immediate relative. That means that there is no wait for a visa to become available. If your child is in the United States legally, you can file an I-130 Petition for Alien Relative and an I-485 Application to Adjust Status. This process is currently taking... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Arabic speaking lawyer in Baton Rouge
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 13, 2023

Call the Baton Rouge Bar Association (225-344-4803) or the Louisiana State Bar Association (800-421-5722) and ask if they can provide you with contact information for the type of lawyer you are seeking. Good luck.

1 Answer | Asked in Family Law for Louisiana on
Q: How does my child change their name in the state of Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

A petition for name change needs to be filed. If your child is over 18 then he is the party to file it. If your child is under the age of 18, I believe both parents need to have notice of the lawsuit and/or be a party of the lawsuit. Some parish Clerk of Courts have forms for this, but if your... Read more »

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