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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on

Q: 1 dv charge husband plead not guilty but requested no court appointed lawyer can't afford his own ?

my husband and i got into an argument it was loud out of control the police was called to get order but the police took my husband because the way he was speaking and charged him with dv even when i stated he not a threat and i do not want to press charges now he has a tpo and a dv pending the... Read more »

Matthew Williams answered on Jun 10, 2019

He really ought to either hire an attorney or ask the court to appoint one.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Do I have the right to tell the landlord that I work and they can only enter my home when I am there?

Joseph Jaap answered on Jun 10, 2019

You have the right to tell landlord that, but Ohio law permits landlord to enter after giving reasonable notice and in an emergency, and does not prohibit landlord from entering when tenant is not there.

1 Answer | Asked in Child Custody for Ohio on

Q: My parents are being given legal custody of my first born in Aug. I am pregnant with my second, due in Dec. Will the

case be closed against me after legal custody is given to my parents? Will CSB open a case against me with new baby if prior case does close once custody is given to my parents?

Joseph Jaap answered on Jun 10, 2019

There is no way to predict. It depends on all the facts and circumstances. But if the circumstances causing the removal of your first child are still present, then it is likely the same thing will happen with the second.

1 Answer | Asked in Family Law and Adoption for Ohio on

Q: My niece is 12, lives with Mom, wants to live with Dad. How old does she have to be to request and get perm? Ohio btw.

Niece is 12 years old, mother had her in highschool, they live in Ohio, father is in Tennessee and they have never been married. He never fought for custody. Niece wants to live with Dad. How old does she have to be to request this and gain permission? Father wants her.

Joseph Jaap answered on Jun 10, 2019

Niece doesn't get to decide. If a court has not granted father any parental rights, then her mother has sole legal custody, and she gets to make all parental decisions. Father could file for parental rights, and the court would then decide what is in the best interest of the child. Father should... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on

Q: What can I do when. Judge orders in a probate court case 2 yrs ago. Are still. Not done

Joseph Jaap answered on Jun 10, 2019

Use the Find a Lawyer tab to retain a local probate attorney where the case is filed, to review the court docket and the documents that have been filed, determine what actions need to be taken in the case, and file with the court on your behalf. The court can then hold a hearing to determine the... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on

Q: 1 dv charge husband plead not guilty but requested no court appointed lawyer can't afford his own ?

my husband and i got into an argument it was loud out of control the police was called to get order but the police took my husband because the way he was speaking and charged him with dv even when i stated he not a threat and i do not want to press charges now he has a tpo and a dv pending the... Read more »

Joseph Jaap answered on Jun 10, 2019

The police who responded could testify. It is up to the court to decide. If you have been issued a subpoena, if you don't appear to testify, you could be subject to arrest. He should retain an attorney.

1 Answer | Asked in Adoption and Child Custody for Ohio on

Q: What ALL has to be done for me to get custody of my kid back after I signed adoption papers over to my parents?

My parents fought for the adoption because I was an ex drug addict and they thought i was still using when i wasnt.. I have been clean for 2 and a half years now and would be absolutely willing to take a drug test to prove that. My daughter is almost 4 years old. My mother gave me no option but to... Read more »

Joseph Jaap answered on Jun 10, 2019

That question is much too complicated to answer on-line. You will need to retain an attorney to review all the facts and circumstances, and advise you what actions you would have to take. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Real Estate Law for Ohio on

Q: my brother hired title company to handle the sale of my dad's property which I am purchasing I didn't agree with it.

I didn't agree with the title company I signed the purchase agreement which said that I was responsible on Paying the tile work.

Joseph Jaap answered on Jun 10, 2019

If you signed a contract, then that is a legal obligation. If you don't pay, then the title company could refuse to prepare closing documents.

1 Answer | Asked in Criminal Law for Ohio on

Q: charge with criminal damage 7909.06a1 need help with this don't know out come

Matthew Williams answered on Jun 7, 2019

We don't know the outcome either based on the very limited facts you've given here. You should consult an attorney privately.

1 Answer | Asked in Criminal Law for Ohio on

Q: failed to scan all grocery items at Walmart. $80. I thought I had scanned all items.

Have court date June 20th. I am 71 yrs old need help.

Matthew Williams answered on Jun 7, 2019

You really ought to hire an attorney for this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on

Q: Why would he have to pay child support when he has the kids more than she does?

My boyfriend has to go to a hearing with his ex wife to determine child support but we have his son through the week and she has the weekends, On the weekdays she is going out on dates, taking her self out, etc. Will the court look at that to determine child support? Will he have to pay if he has... Read more »

Denise Rini Esq answered on Jun 7, 2019

Greetings from a bright and sunny Friday morning. The Court will take into consideration time spent for child support purposes, though the Father should also file a Motion for Legal Custody and curtail the Mother's parenting time.

2 Answers | Asked in Tax Law for Ohio on

Q: My fiancé hasn’t filed taxes in ten years. Will filing married filing separately raise any red flags for him with IRS

Bruce Alexander Minnick answered on Jun 6, 2019

If the two of you get married and if you file your tax return married filing jointly the IRS may or may not look to see if your spouse ever filed. There was a time when the chances of that happening were remote--compared to today. With the advent of high-tech data systems now being used everywhere,... Read more »

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2 Answers | Asked in Child Custody for Ohio on

Q: How can one relative transfer custody of a child to another relative. Neither are the parents. Both agree.

My sister in law has custody of our Niece. Her mother lost custody due to drugs and neglect. I’d like to get custody of my niece so she could have a more stable permanent home. My sister in law and I both agree that would be best for our niece.

Joseph Jaap answered on Jun 6, 2019

Whatever court granted custody, must approve any change in custody. Use the Find a Lawyer tab to retain a local family law attorney to review the facts and represent you.

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1 Answer | Asked in Divorce for Ohio on

Q: In a no fault,nochildren,no property dissalusion, how do I prove I have no income when I get the afidavit notorized?

Denise Rini Esq answered on Jun 6, 2019

Greetings from the North Coast. The affidavit is usually sufficient to show indigence, though any type of document will suffice. Do you receive public assistance, food stamps, medical insurance or SSI?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on

Q: My sons dad smacked him in the back of the head after my son told him hes afraid of him. Should I report this to police?

The father doesn't have any court ordered visitation rights but my 12 year old son wanted to go visit with him so I allowed it. We met up at my sons counseling appointment and the counselor reported the incident to CPS. The father has a violent record and my son and I are afraid he may show up and... Read more »

Joseph Jaap answered on Jun 6, 2019

It's already been reported to CPS, but you can report it to the police along with the theft of son's property. If father makes threats, obtain a protection order.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: My landlord passed away and pretty sure his wife is going to sell the apartments we live in what rights do we have

Joseph Jaap answered on Jun 6, 2019

If you have a written lease that landlord signed, then his wife and any purchaser must honor the terms of the lease. But if the lease does not give tenant the right to renew, then you could have to move when your lease expires if not renewed.

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Ohio on

Q: Do owners of a house have to tell you the pervious renters had bed bugs in Ohio

Joseph Jaap answered on Jun 5, 2019

If owners knew about it and failed to disclose it, that would be a basis to sue the owners. But it depends on all the facts. Contact the local board of health and use the Find a Lawyer tab to retain a local attorney to review the facts and advise you.

1 Answer | Asked in Criminal Law for Ohio on

Q: On June 1 I forgot to scan some grocery items at Walmart . I was told it totaled $80.

I thought scanning myself would be quicker then waiting in line. There were associates in the area which could of offered help since my cart was full and I was struggling to to scan everything. I am 71 years old like to think I can handle things, but appreciate help.

Dimitrios Makridis answered on Jun 5, 2019

You need to retain a criminal defense attorney to help you with this matter.

1 Answer | Asked in Banking and Civil Litigation for Ohio on

Q: If I cashed a check that I did not know what had a stoppage on it in 2015, a collection agency threatened legal action,

Can I be prosecuted under statute of limitations in 209?

Bruce Alexander Minnick answered on Jun 5, 2019

Your question is unclear. If you cashed a bad check in 2015, it may be too late for law enforcement to do anything about it. But that does not mean a collection agency cannot try to collect on behalf of whoever lost the money.

1 Answer | Asked in Probate for Ohio on

Q: Father died-no will. Son lives in home, was POA. Can he file to transfer home ownership to self? No finances at all.

I am this man's pastor. Seeking legal advice for him. He has limited mental abilities, and insufficient income to handle on his own. He may need to try to sell part of property to even survive.

Joseph Jaap answered on Jun 5, 2019

The POA terminated upon the death of the father, so son now has no legal authority to do anything with the property or father's accounts or other assets of his estate. If the home was owned jointly with father with right of survivorship with son, then that transfer can be made by filing the death... Read more »

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