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New Hampshire Questions & Answers

1 Answer | Asked in Immigration Law for New Hampshire on

Q: Can we travel to the US on a tourist visa before we begin work on an H1-B visa?

We are UK citizens and due to come to the states in March of 2020 on a work visa with my company. Can my wife and kids move to the states in September for schooling and then be joined by me when my transfer is complete in March?

Hector E. Quiroga answered on Apr 22, 2019

Under those circumstances, they would not be let in, since tourism is not their reason for entering.

1 Answer | Asked in Trademark for New Hampshire on

Q: Hi, My company is called Seacoast House Cleaning, is that infringing on company with the trademark Seacoast Cleaning

We are both in the same area, they issued a cease and desist because of trademark infringement.

Griffin Klema answered on Apr 11, 2019

You need to engage a lawyer. You don't want an opinion expressed here publicly. There may be ways to oppose their claim or reach a mutual agreement, but these matters should be discussed confidentially. I would be pleased to evaluate your case further free of charge. 202-713-5292.

1 Answer | Asked in Car Accidents and Wrongful Death for New Hampshire on

Q: My friend lost her daughter in a car accident. She was on the crosswalk in a 30mph zone close to the traffic light area.

Can her mom file for wrongful death. Her daughter was 20yrs old single living with mom.

Peter N. Munsing answered on Mar 18, 2019

Yes, she should contact a member of the NH Assn for Justice--they give free consults.

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Hampshire on

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

It’s a question for my business law paper. The firm’s ripped off slogan is service marked; even though the entities are non-competing, they are making commercial profits from it nonetheless from another’s trademarked name. Why is this legal?

Griffin Klema answered on Mar 18, 2019

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!

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for New Hampshire on

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

We are trying to evict a tenant for non-payment of rent, but understand we cannot file for a Writ until we file a Motion for Relief from Stay even though he filed for bankruptcy before signing our lease. Is this correct, and where/how can we file for this motion?

Robert O'Brien answered on Mar 17, 2019

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... Read more »

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1 Answer | Asked in Trademark for New Hampshire on

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

Wondering if I can use the colors in a logo design without trademark or copyright infringement?

Marcos Garciaacosta answered on Feb 27, 2019

No, unless you get explicit permission from the owner of the brand.

1 Answer | Asked in Family Law for New Hampshire on

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

He has been verbally abusive as well. Is this good to be able to change the plan? What do I need to do?

Andrew S. Winters answered on Feb 17, 2019

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...
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1 Answer | Asked in DUI / DWI and Juvenile Law for New Hampshire on

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

I am an 18 year old civilian without a law license.

Andrew S. Winters answered on Feb 17, 2019

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....
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1 Answer | Asked in Family Law for New Hampshire on

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

Hi, I have sole custody and sole decision for my 2 boys for 12 years now. One is now 19, but the youngest is going on 13 next month. My parenting plan states I need to give 60 days notice if I move further away. I released him from child support 11 yrs ago but I had a line added that he could see... Read more »

Christine G. DeBernardis answered on Feb 1, 2019

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).

1 Answer | Asked in Family Law and Child Custody for New Hampshire on

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

Child' father lost his job and kicked out of where he was staying. Started living with his mother while trying to find a new job and a new place to live. He is supposed to have our child overnight every other weekend. Does this change now that he doesn't not have a place of his own? What happens... Read more »

Christine G. DeBernardis answered on Feb 1, 2019

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... Read more »

1 Answer | Asked in Bankruptcy for New Hampshire on

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

I owe 8000 but interest has made it about16000 along with credit cards and medical bills I don’t know if I am able to file for all that or not

Timothy Denison answered on Jan 27, 2019

Likely not dischargeable but you can discharge the credit card debt.

1 Answer | Asked in Landlord - Tenant for New Hampshire on

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

Joseph Kelly Levasseur answered on Jan 10, 2019

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.

1 Answer | Asked in DUI / DWI for New Hampshire on

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 ?

Joseph Kelly Levasseur answered on Jan 10, 2019

This is a very serious situation, you really should call a criminal defense attorney.

1 Answer | Asked in Real Estate Law for New Hampshire on

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

Person is not on lease, did not sign the lease and left items in garage bay of lease holder. lease holder has moved away and taken her property. She has confirmed that she has no more property in the garage bay. What can I do to regain the garage back for re-lease to someone else. What do I have to... Read more »

Joseph Kelly Levasseur answered on Jan 10, 2019

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... Read more »

1 Answer | Asked in Divorce for New Hampshire on

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

the tax money. we have a divorce decree can he do this?

Joshua H Bearce answered on Dec 15, 2018

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... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on

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

Joseph Kelly Levasseur answered on Dec 12, 2018

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... Read more »

2 Answers | Asked in Car Accidents for New Hampshire on

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

Joseph Kelly Levasseur answered on Dec 12, 2018

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... Read more »

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1 Answer | Asked in Employment Law for New Hampshire on

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

Joseph Kelly Levasseur answered on Dec 12, 2018

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.

1 Answer | Asked in Criminal Law for New Hampshire on

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

I never had anything in my life except this

Joseph Kelly Levasseur answered on Dec 12, 2018

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... Read more »

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