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North Dakota Questions & Answers
2 Answers | Asked in Personal Injury for North Dakota on
Q: My husband was riding his bike on the sidewalk that passes the graveyard the fence that surrounded the graveyard is bent

Outward into the middle of the side walk he did not see it in time n wrecked into it busting his head open required 4 staples in his head brused his back is anyone liable for this

T. Augustus Claus
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answered on Sep 22, 2023

In North Dakota, premises liability laws could potentially come into play in a situation like this. These laws generally hold property owners responsible for maintaining safe conditions on their property. If the fence surrounding the graveyard was in disrepair and extending onto a public sidewalk,... View More

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2 Answers | Asked in Personal Injury for North Dakota on
Q: My husband was riding his bike on the sidewalk that passes the graveyard the fence that surrounded the graveyard is bent

Outward into the middle of the side walk he did not see it in time n wrecked into it busting his head open required 4 staples in his head brused his back is anyone liable for this

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2023

I'm sorry about your husband's accident. I hope he is okay. A North Dakota attorney could advise best on state-specific elements of law, but in general nationwide, some the issues that could arise in such a matter (regardless of the state) could include use of safety helmet, nature of... View More

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1 Answer | Asked in Education Law for North Dakota on
Q: Residency rules when it comes to enrolling my son in Minnesota Virtual Academy. We currently live in ND.

K12 stride enrollment center mistakenly approved my sons enrollment in Minnesota Virtual Academy I guess and though enrollment was sending me all the info to get him started and the device sent our way that he needed, another person was saying he could not attend. So, to be sure, can you clarify if... View More

Lucas Wynne
Lucas Wynne
answered on Sep 18, 2023

I believe you are referring to an online educational program that is provided by the state of Minnesota for its taxpayers. If your child participated in this and it was later found out that you are not a resident a Minnesota, I would expect that a criminal charge would be filed against you.

2 Answers | Asked in Domestic Violence for North Dakota on
Q: petition for disorderly conduct restraining order filed in ND, will the petitioner be notified if a temp order is made
T. Augustus Claus
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answered on Sep 14, 2023

In North Dakota, if a petitioner files a petition for a disorderly conduct restraining order, the court may issue a temporary order or a temporary restraining order (TRO) depending on the circumstances and the judge's assessment of the case. Typically, when a TRO is granted, it is issued ex... View More

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1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I have been looking for my dog for over a year i found him at a shelter in another town they are refusing to release him

they will not give back my dog

T. Augustus Claus
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answered on Aug 17, 2023

In North Dakota, if you've been searching for your dog for over a year and have now found it at a shelter in another town, you could take several steps to reclaim your pet. Gather evidence of ownership like vet records and photographs, and communicate calmly with the shelter staff, providing... View More

Q: Why does my life not seem to matter why does a woman have to hemorrhage & pretty much die before obgyn will do a dnc

3 blood transfusions hours of unexplainable un necessary pain. To much pain meds given after patient specially said no more fentenal to then have to go into respiratory depression a laceration in my mouth from intubation and then to be told by the very person who didn't feel he needed to check... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 24, 2023

You make a great point. This is one of the reasons lawsuit are so important. And laws that limit or interfere with right to a jury trial do not serve justice. Otherwise doctors and others can get away without bad actions.

Here, there may be a case. Due to the nature of medical...
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1 Answer | Asked in Criminal Law for North Dakota on
Q: What is the punishment for stalking in North Dakota?

He is an ex boyfriend and stalked me for almost two months. He has previous charges, but not for stalking, his charges are traffic, drug related, and breaking into someone's house. Everything has been reported to the police from the beginning and he has confessed to it all.

T. Augustus Claus
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answered on Jul 18, 2023

Stalking is a serious offense that involves unwanted and repeated harassment, intimidation, or surveillance of another person. In North Dakota, the specific punishment for stalking can vary depending on the circumstances and the defendant's criminal history.

Now, considering your...
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1 Answer | Asked in Criminal Law for North Dakota on
Q: Does a defendant have the right to change his mind about having a court appointed attorney after he said he would repres

Represent himself

Lucas Wynne
Lucas Wynne
answered on Jul 9, 2023

Maybe not necessarily a right at that point (and it is only a right as long as you financially qualify), but I have a strong suspicion if you applied for a public defender after stating you'd represent yourself (and financially qualify) that one would be appointed. The truth of the matter is... View More

1 Answer | Asked in Real Estate Law for North Dakota on
Q: So a woman who passed away gave me her original land patent as well as every warranty deed that went with it.

Does that make the land mine? or do I need to do something or file something when I called the city? They told me to get a lawyer and to not lose all this paperwork

Anthony M. Avery
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answered on Apr 7, 2023

Once the Deed is recorded, that actual document is irrelevant unless someone claims a forgery or fraud. Hire a ND attorney to search the Title and possibly administer the Estate. Unless you are an heir or she executed a Deed to you (recorded or not), you probably do not own the lands. But some... View More

1 Answer | Asked in Employment Law for North Dakota on
Q: Can an employer force me to stay at work after my scheduled shift ends? I work at a hotel at the front desk.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

As long as you are paid for all of the hours you work, including at an overtime rate for all hours over 40 in a workweek if you are paid by the hour, then your employer can change or extend your schedule with or without notice to or approval by you.

1 Answer | Asked in Adoption, Family Law and Immigration Law for North Dakota on
Q: My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and " see more information"

My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and I am a US citizen born and raised in the USA my entire life. I married her in Hong Kong in 2018. I was able to get them both visas ,ir1, and ir2. They are now here in the United States. I would like to get... View More

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

If you are the birth father of the child, then you should be able to file a Form N-600 to obtain a certificate of citizenship. Under the Child Citizenship Act (INA 320) a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met... View More

1 Answer | Asked in Divorce for North Dakota on
Q: Spouse refusing to sign uncontested divorce. How do I go about filing in North Dakota? We have no kids, and no assets.

My spouse told me if I filed she’d sign. She now tells me she’s not signing anything. We have no kids, and no assets at all. Been married 2 years. I’m trying to file electronically in ND, but don’t know what type of forms I need to file as the clerk can’t advise, and self service site... View More

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

I understand you believe you're capable of doing this yourself, but it seems the reality is that's not going to be possible because: 1) She refuses to sign; and 2) You can't file a divorce uncontested because, factually, it's not if the other person refuses to sign. You should... View More

1 Answer | Asked in Contracts and Landlord - Tenant for North Dakota on
Q: Can a landlord start a new lease without it being signed or agreed to?

I live in North Dakota. Upon the end of our lease, the lease states that it will automatically go month to month - we were month to month for a couple of months before our landlord sent a request for us to sign a new 6 month lease along with a rent increase via our rent portal. We did not sign that... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2023

No. If you did not agree to the new six month lease, it is not yet effective.

Be aware, however, that they can demand that you surrender the premises and can commence eviction proceedings.

1 Answer | Asked in Child Custody, Family Law and Civil Rights for North Dakota on
Q: Can I sue the county for my child failing for cocaine in their cuostdy for irreparable damages
T. Augustus Claus
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answered on Sep 27, 2023

If your child tested positive for cocaine while in county custody, you might have a case for negligence or other claims, depending on the circumstances and state law. However, successfully suing a county government often involves overcoming various legal hurdles, including immunity defenses.

1 Answer | Asked in Traffic Tickets and Municipal Law for North Dakota on
Q: Can I get my dus dismissed due to the reason igot pulled over

The cop said the reason why he pulled me over is because the stuff in my truck bed he didn't think was secure but when we went thru the roundabout he say that is was so can that be dismissed

Lucas Wynne
Lucas Wynne
answered on Sep 18, 2023

Potentially, but it is difficult to tell from the information you provided and it would require that emotion is filed.

1 Answer | Asked in Bankruptcy, Divorce and Probate for North Dakota on
Q: In North Dakota, is there a statute of limitations to collect on a mortgage?

Thirty years ago, as part of our divorce settlement, my ex husband signed a mortgage against our farmland to pay me $30,000 over ten years. In return I signed a QCD. He never made the payments and after three years filed for bankruptcy. The bankruptcy court upheld my mortgage and set up a... View More

Lucas Wynne
Lucas Wynne
answered on Mar 15, 2023

Likely but you better move fast. Call an attorney who does estates.

1 Answer | Asked in Gov & Administrative Law and Military Law for North Dakota on
Q: Will your military medical history show up on a niccs backround check when purchasing a firearm?

I have a other than honorable discharge from military, and was all voluntary but did deal with some mental health issues. Would I still be able to purchase a firearm or will this get flagged during backround check?

Anthony M. Avery
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answered on Mar 6, 2023

That Discharge does not cause a firearm disability. Hopefully you are not on SSI. Try to buy the firearm and see what happens. There may be other events in your life which cause a bad NICS check. If so, you may be able to expunge them. Also you might request to upgrade your Discharge.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Dakota on
Q: A guy a guy hit me for no reason I was doing a repossession of the brother's car the other brother came up and hit me.

For no reason I was charged he was not how is this possible

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

It's possible because prosecutors simply go with the story they want to believe. You need an attorney to defend you and be willing to take it to a trial if it is in your best interests.

1 Answer | Asked in Education Law for North Dakota on
Q: You My son is 12 years old he is in special education in school another student brought a ninja throwing star to school

You

My son is 12 years old he is in special education in school another student brought a ninja throwing star to school my son bought the ninja throwing star from his friend and was caught with the ninja throwing star later that day I am told there will probably be legal charges at a police... View More

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

At worst it will be a juvenile case. You should likely speak with a lawyer if that occurs.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Can an officer give someone a citation for DUS without performing a traffic stop.

Was given two citations for driving under suspension at my house without ever being pulled over by an officer.

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Yes, an officer can. Will it hold up to the scrutiny of a judge or jury? That depends on whether it can be proven you were actually driving under suspension.

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