New Hampshire Questions & Answers by Practice Area


New Hampshire Questions & Answers

Q: Why is a law firm able to appropriate a trademarked name, “Better Call Saul,” with “Better Phone Stone” slogan?

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Hampshire on
Answered on Mar 18, 2019
Griffin Klema's answer
It sounds like you need to do your homework instead of seeking advice from a professional lawyer :) Here's a hint: look at the DuPont factors to determine whether two marks cause confusion in the marketplace. Good luck!

Q: How do I file for a Motion for a Relief from Stay in NH? Tenant filed for Chapter 7 before signing his lease.

2 Answers | Asked in Bankruptcy and Landlord - Tenant for New Hampshire on
Answered on Mar 17, 2019
Robert O'Brien's answer
Unless you as the landlord secured a writ of possession from the state court prior to the filing of the tenant's bankruptcy petition, you will be required to file a motion for an order for relief from the automatic stay from the bankruptcy court. From the date of the filing of the motion, it will take about 30 days to get to a hearing on the motion.

Q: Can I use the BMW M colors in a logo for a vehicle repair shop that works on BMW vehicles?

1 Answer | Asked in Trademark for New Hampshire on
Answered on Feb 27, 2019
Marcos Garciaacosta's answer
No, unless you get explicit permission from the owner of the brand.

Q: If there is a parenting plan in place but need to change it. The father is living in motels and I have a stable living

1 Answer | Asked in Family Law for New Hampshire on
Answered on Feb 17, 2019
Andrew S Winters' answer
The law allows you to ask to modify a parenting plan for certain reasons. The list of reasons is found in this statute: http://www.gencourt.state.nh.us/rsa/html/xliii/461-a/461-a-11.htm

Here is a list of court instructions on how to file a petition to modify https://www.courts.state.nh.us/fdpp/servicecenters/checklists/checklistfiles/Petition-to-Change-Court-Order-Checklist.pdf

And here is a link to the petition form itself: https://www.courts.state.nh.us/forms/nhjb-2062-f.pdf...

Q: Can I represent a friend in a New Hampshire court of law?

1 Answer | Asked in DUI / DWI and Juvenile Law for New Hampshire on
Answered on Feb 17, 2019
Andrew S Winters' answer
Theoretically, the law allows for this. Read RSA 311:1: http://www.gencourt.state.nh.us/rsa/html/XXX/311/311-1.htm

HOWEVER, I would never recommend this to either the potential litigant or the person thinking about representation this way. It is very likely to end badly for all involved.

If you are interested, there was a fair amount of press and legal opinions on this issue about 15 years ago involving a non-lawyer named Theodore Kamaskinski in New Hampshire. Just google it....

Q: How to inform biological father about relocating, when you don't know where he may be.

1 Answer | Asked in Family Law for New Hampshire on
Answered on Feb 1, 2019
Christine G. DeBernardis' answer
You can notify by publication or seek the Court's permission to remove the child (which will also cause you to notify him when the petition is filed).

Q: If a parent has no job or "home" of their own, does parenting time still continue, even with overnights?

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on Feb 1, 2019
Christine G. DeBernardis' answer
If the child has a "sleeping space," (own bed or area to sleep, but most preferably a bedroom), the Court may still permit the parenting time to continue. Many people lose jobs or fall into bad situations and live with a relative. If this is weekend parenting time, the Court is more likely to leave it in place and give father some time to find his own place to live than it would be for parenting time during the week when the child needs to be fresh and ready for the school day (though this...

Q: I owe NH unemployment for over paying me If I file bankruptcy can that be added in?

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Jan 27, 2019
Timothy Denison's answer
Likely not dischargeable but you can discharge the credit card debt.

Q: My landlord is expecting me to pay his electricity an if I choose not to he's raising my rent up each month.

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Answered on Jan 10, 2019
Joseph Kelly Levasseur's answer
Look at the rental agreement or lease you signed, read what it states about paying for utilities and follow the written document that you have. I don't understand why you would be paying for his electricity so I cant figure out what the agreement-if any-you have with the landlord.

Q: I drove away from a cop after getting pulled over. Im sober just scared. If i turn myself in how much time will i get ?

1 Answer | Asked in DUI / DWI for New Hampshire on
Answered on Jan 10, 2019
Joseph Kelly Levasseur's answer
This is a very serious situation, you really should call a criminal defense attorney.

Q: I have a person that is not on any lease agreement, as he did not want to sign it with his GF. and the lease has been di

1 Answer | Asked in Real Estate Law for New Hampshire on
Answered on Jan 10, 2019
Joseph Kelly Levasseur's answer
He may not have a lease but he did live there and was most likely considered a tenant, read the statute again, I believe you have to store his things for at least 28 days, better to be safe than sorry. You should also try and contact him through any means available to you, try facebook, phone numbers, email addresses or whatever you have, to make contact with him and let him know his thing are going to be relocated or thrown out. Protect yourself from any litigation. Good luck.

Q: divorced 6 years, ex lives in house I do not my name is on deed but not mortgage now demanding me to pay

1 Answer | Asked in Divorce for New Hampshire on
Answered on Dec 15, 2018
Joshua H Bearce's answer
This answer to this question depends on the terms of your Divorce Decree. If your Decree states that he is solely responsible for these expenses, then he cannot force you to contribute. In contrast, if the Decree states that you are required to make some contribution to those expenses, then he can demand that contribution. You must also take into account the fact that a failure to timely pay these expenses may have an adverse impact on your credit. I suggest you speak with an attorney who...

Q: If a parent has a pedophile in the house with a minor, would this be considered endangerment if the minor did not know?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Dec 12, 2018
Joseph Kelly Levasseur's answer
It depends on the level of sex offender this person is. there are laws that state a sex offender cannot be around minors so check with the local police department to make sure the person is properly registered and is registered for the home the person resides in, and the level and danger to the child is any. The local police are very good at handling these issues as the sex offender is supposed to be known to them and where they reside at all times.

Q: If my son got addicted to pain meds after an accident, can I sue the other driver?

2 Answers | Asked in Car Accidents for New Hampshire on
Answered on Dec 12, 2018
Joseph Kelly Levasseur's answer
Its a great question but the law would most likely not support this concept. It is a reach that a car accident could be the cause of someone getting hook on pain medication. It could be argued that the doctor that prescribes the medication may have given out too much or the wrong dose, but its not foreseeable that the driver that caused the accident would be at fault for this happening. I do like the argument though.

Q: Can you record your boss on the production flor,hallway,warehouse in New Hampshire?

1 Answer | Asked in Employment Law for New Hampshire on
Answered on Dec 12, 2018
Joseph Kelly Levasseur's answer
NH is has a two way recording statute. Both parties need to be told that the other party is recording the other, otherwise is is a serious crime. There are exceptions but this does not sound like one of them. Be careful.

Q: Like my domestic violence taken off my record it only happen once as I had a federal firearms license n

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Dec 12, 2018
Joseph Kelly Levasseur's answer
You need to file a motion in the court that you plead or were found liable for the domestic violence. There forms and the rules are on the courts website and you have to follow the rules carefully and notify the attorney generals office. There is a fee but it is reasonable. There are lawyers that handle this. Joe Prieto in Manchester does a good job and knows the ropes. Good luck!

Q: Hello. I currently have a public guardian and do not wish to. Should I ask her what I need to do for her to terminate?

1 Answer | Asked in Uncategorized for New Hampshire on
Answered on Dec 12, 2018
Joseph Kelly Levasseur's answer
Public guardian for what reason and who appointed her? If the person is court appointed then you would petition the court to request that the guardianship be terminated. Good luck!

Q: If I have a specific eviction date is there a way for me to make payments on the past due amount and have it be legal

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Answered on Dec 12, 2018
Joseph Kelly Levasseur's answer
You can always ask the landlord to extend. If the eviction is not court ordered then they must evict you through the courts, which will take about 14-30 days to get the hearing date, the court may also allow you to pay the amount due plus costs and void the eviction.

Q: My husband has a warrant for his arrest and he can't appear in court physicaly. out of the US.is there a way to dismiss

1 Answer | Asked in Criminal Law and Immigration Law for New Hampshire on
Answered on Nov 15, 2018
Hector E. Quiroga's answer
Seeking legal counsel who could represent him before the court on the charges against him could help in some way.

Unfortunately your husband’s problem has been compounded by his absence from the US for so long; he’s essentially abandoned his residence. There are ways to regain it; he should visit the US embassy or consulate that has jurisdiction or the area where he lives.

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