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New Jersey Gov & Administrative Law Questions & Answers
1 Answer | Asked in Civil Rights, Gov & Administrative Law and Family Law for New Jersey on
Q: Can I sue for breach of confidentiality for a child abuse report in NJ?

I reported my son to Child Protection Services in Hackensack, New Jersey, on December 7th for suspicion of child abuse. They disclosed my identity to him and in court papers, despite being told that my report would be confidential. Since then, my son has not allowed me to see my grandson and has... View More

Richard Diamond
Richard Diamond
answered on Mar 4, 2025

As a general statement, when someone makes a claim of child abuse to DCPP, it is viewed as confidential. I'm not sure what occurred in your setting and whether the DCPP rep actually told your son that you had reported him, or if your son guessed the reporting came from you and you then... View More

1 Answer | Asked in Criminal Law, Juvenile Law and Gov & Administrative Law for New Jersey on
Q: Do I disclose past juvenile mental health commitment on NJ firearm application?

I am a police officer in New Jersey looking to apply for an initial handgun firearms permit. Over 10 years ago, as a juvenile, I was committed to a mental health medical center by my parents. Do I need to disclose this commitment on my firearm application?

Louis A Casadia
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answered on Feb 19, 2025

Yes and you are actually statutorily barred from having a Firearm ID Card unless you get that civil commitment expunged. Frankly, I am amazed this has not interfered with your career. Did this come up at all during your background check? You should seek legal counsel right away.

N.J.S.A....
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1 Answer | Asked in Gov & Administrative Law and Health Care Law for New Jersey on
Q: Are police officers exempt from HIPPA privacy laws if they are in charge of a patient who is in police custody?

has an ongoing medical condition and requested to be seen at the emergency room before being taken the county jail. He was admitted to the hospital where he stayed for 8 days. During this time, he was shackled to the bed and had a sheriff officer with him at all times. The officer was in the room... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the situation you described, there are a few important considerations regarding HIPAA (Health Insurance Portability and Accountability Act) and patient privacy:

1. Law enforcement exemptions: HIPAA does allow for certain disclosures of protected health information (PHI) to law...
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1 Answer | Asked in Social Security, Tax Law and Gov & Administrative Law for New Jersey on
Q: Can I keep my maiden name on W-2 if my name on passport and SSA has changed

I have 2 last names as I recently added my husband’s last name to mine . So now my last name is composed of 2 last nabes without hyphen. Can I continue to use my maiden name first last name at work and hence on W-2? What’s the way to retain maiden name professionally?

James L. Arrasmith
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answered on Mar 25, 2024

If your name has legally changed and is updated on your passport and with the Social Security Administration (SSA), it is generally recommended to update your name at work to ensure consistency across all official documents and systems. This includes having your new name reflected on your W-2 form,... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Can you buy airsoft guns in New Jersey? I have found some places that say you can’t, and they are classified as guns.

I am talking about airsoft guns that shoot plastic BBs not metal BBs. Amazon refuses to ship airsoft guns to NJ and some places say they are classified as firearms. I can’t get a straight answer anywhere.

James L. Arrasmith
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answered on Mar 19, 2024

In New Jersey, the laws surrounding airsoft guns are quite strict due to their classification under firearms regulations. Here's what you need to know:

Firstly, while airsoft guns are not banned, there are specific rules for their purchase and use. You must be at least 18 years old to...
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Q: Can Code Enforcement enter the backyard of my property?

I am a tenant in a rental house. Recently we have had a Code Enforcement Officer enter our backyard and issue us a warning for trash and debris on our property. We did not allow anyone to enter our backyard from the Borough nor did our Landlord permit them as his Agent and notify us. Is this... View More

James L. Arrasmith
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answered on Mar 4, 2024

The question of whether Code Enforcement can enter your backyard without permission largely depends on local laws and regulations. Typically, code enforcement officers are allowed to inspect properties for violations of local ordinances, which can include issues visible from public spaces. However,... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for New Jersey on
Q: The IRS sent me a letter stating I didn't report income from a 1099c. Upon my investigation on the matter I found out

The 1099c was sent to an old Address from 13 years ago and in my maiden name. How can I be penalized for information I never recieved?

James L. Arrasmith
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answered on Feb 28, 2024

When you receive a letter from the IRS stating that you didn't report income from a 1099-C, it's important to address the issue promptly, even if the information was sent to an outdated address and in a name you no longer use. The IRS assesses taxes based on income information reported to... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New Jersey on
Q: As a private citizen am I allowed to request recording of phone calls I had with law enforcement personnel in New Jersey

I am just looking to obtain the phone call recordings between myself and 4 other individuals that occurred between Nov 29th of 2023 to Dec 4th of 2023 on a specific date and time..I can attach the screenshot of the dates and times

James L. Arrasmith
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answered on Jan 21, 2024

In New Jersey, as a private citizen, you do have the right to request recordings of your phone calls with law enforcement personnel. This request can typically be made under the state's Open Public Records Act (OPRA). OPRA allows for the public to access government records, which can include... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Hi is making and owning a Low-voltage railgun legal in new jersey? Also, I'm a minor, so I can't legally own a firearm.
James L. Arrasmith
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answered on Dec 15, 2023

In New Jersey, the legality of making and owning a low-voltage railgun, particularly as a minor, is a complex issue. While railguns are not traditional firearms, they could potentially be classified under weapons laws depending on their capabilities and the intent for use.

New Jersey has...
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1 Answer | Asked in Domestic Violence and Gov & Administrative Law for New Jersey on
Q: Is a FL no-contact order enforceable in NJ?

My daughter was assaulted by her boyfriend while in Miami Beach, and the court issued a no-contact order involving our family and his. We live in New Jersey, and he also resides there. Does this no-contact order remain valid and enforceable in New Jersey?

Leonard R. Boyer
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answered on Mar 27, 2025

Yes, the no-contact order would be valid and enforcable in N.J. The U.S. Constitution requires all states to give full faith and credit to the acts of another state. There is also a national domestic violence registry. A violation of that Order would be a criminal offense.

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for New Jersey on
Q: How to address past accusation during police job interview?

I am considering applying to be a police officer, but in the past, a sexual assault report was filed against me. The police began an investigation and attempted to contact me, but I never spoke to any detective. There were no arrests or charges, and the investigation was shortly discontinued for... View More

James L. Arrasmith
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answered on Mar 27, 2025

During the police application process, background investigations are thorough and will uncover past accusations, even those that didn't result in charges. Be completely honest and upfront about the situation rather than waiting for them to discover it—law enforcement agencies value integrity... View More

Q: Federal officer suspects retaliation withholding leave options after whistleblowing, seeks advice.

I'm a federal officer with the Department of Homeland Security, currently out on medical leave due to surgery complications. I suspect my management and union representatives are withholding beneficial leave options as retaliation for a whistleblower case I was involved in, which exposed... View More

James L. Arrasmith
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answered on Mar 26, 2025

Your situation sounds incredibly frustrating and unjust, especially after you've taken the brave step of whistleblowing about serious misconduct. When internal channels fail, you have several external options worth pursuing immediately.

Consider filing a complaint with the Office of...
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1 Answer | Asked in Small Claims, Civil Litigation, Civil Rights and Gov & Administrative Law for New Jersey on
Q: Can I sue Fairfield Police Dept in NJ in small claims court remotely for incorrect tow and lost income?

I am not from or in NJ but had a commercial 50’ trailer parked at a business I work with in Fairfield NJ. The trailer was parked on a street that according to Fairfield code is no parking entire length of the street. There are no signs posted the length of the street regarding no parking. In one... View More

James L. Arrasmith
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answered on Mar 24, 2025

You're facing a frustrating situation with the tow of your commercial trailer in Fairfield. In New Jersey, you can file a small claims complaint against a municipal entity like the police department, but you must first submit a Notice of Tort Claim within 90 days of the incident, which you... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Is it legal for a PI to enter my garage without permission in NJ?

I live in New Jersey and have noticed a private investigator around my house as part of a School District residency investigation. Previously, when I observed someone I believed was stalking me, I contacted the police, and they informed me it was permissible for the investigator to be parked on the... View More

James L. Arrasmith
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answered on Mar 24, 2025

A private investigator entering your garage without permission would likely be considered trespassing under New Jersey law. In New Jersey, private investigators cannot trespass on private property while gathering information. Your garage, even without physical barriers, is still considered part of... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for New Jersey on
Q: US citizen in India wants to change surname

I am a US citizen living in India for the past 18 years and I want to change my surname. I possess my US birth certificate, social security number, and birth certificate. I do not have any type of resident card. I am currently in India for my undergraduate studies and will be returning to the US... View More

James L. Arrasmith
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answered on Mar 20, 2025

Changing your surname as a U.S. citizen while living in India requires going through legal steps in the U.S. since your official documents are issued there. Typically, name changes are done through a court order in the state where you last resided or plan to live when you return. Each state has its... View More

1 Answer | Asked in Gov & Administrative Law and Business Law for New Jersey on
Q: What ABC license is needed for private wine classes in NJ providing wine?

I am planning to run private wine education classes in New Jersey, offering sessions to individuals in their homes for up to 20 people. I hold WSET levels 1, 2, and 3 qualifications. I want to include wine for educational purposes. Is an ABC license required for me to provide wine, or can I offer... View More

Samuil Buschkin
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answered on Mar 13, 2025

While this response is not legal advice which would require more information from you and would be done with an attorney whom you have retained, here is a bit of guidance: In New Jersey, providing wine during private educational classes, even if not sold directly, likely requires an ABC permit. The... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for New Jersey on
Q: Can NJ businesses refuse specific cash denominations?

I encountered a fast food restaurant in New Jersey that has a sign stating they do not accept bills higher than $50. Does NJ Section 56:8-2.33, which requires businesses to accept cash payments, allow them to refuse specific denominations such as $100 bills?

Leonard R. Boyer
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answered on Feb 22, 2025

Any store can legally limit the denomination of the currency it will accept for payment. It is common especially at fast food restaurants to not accept bills larger than $50.00. This is done to cut down on fraud.

1 Answer | Asked in Gov & Administrative Law for New Jersey on
Q: I got email from google with a subpoena saying To: Google LLC 1600 Amphitheatre Parkway Mountain View what should I do
Leonard R. Boyer
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answered on Oct 31, 2024

Google is unlikely to send you a Subpoena my email. You can consult an attorney to look at the document to see if there is any chance it could be real, but it's probably a scam. Good luck.

Q: I'm inquiring about filing a civil suit against Plainfield police department violating my right per theChevron deference

My parked car's license plates were scanned and my car was impounded in the middle of the night on 7/14. The plfdpd enforced Dmv policy after the overturning of the Chevron case ruling against agencies violating the ppl rights. Dmv is one of the 439 federal agencies listed in the doctrine.... View More

James L. Arrasmith
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answered on Jul 27, 2024

You have grounds to consider filing a civil suit against the Plainfield Police Department if they violated your rights. The impoundment of your car based on a license plate scan, especially in the middle of the night, can be legally questionable. The enforcement of DMV policies after the... View More

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