At a final hearing for a protective order Judge didn't give defendant a chance to present a defense or challenge personnel jurisdiction for no service. Upon learning that there was a custody case pending involving same two parties an order transferring the continued emergency protective order... Read more »
Judges always combine the PO hearing with the pending family law case. Why did you show up to the hearing if you were not served? If you appear at the hearing you submit yourself to jurisdiction of the Court usually. The Judge will probably strike the 90 day review. They set review hearings so... Read more »
a paralegal and client have confidential emails. the opposing council filed a motion to compel. Since being refused those emails. does the other council have to produce those emails to the opposing team?
Do you have an attorney representing you and supervising the paralegal?
Yes - both criminally and maybe civilly.
I have a debt collection agency who is represented by an attorney who has taken me to court and still hasn't provided details on what the medical bills are for. I just know they are from at least 2009; I was pulled over last year and was sent to jail over a bench warrant that was issued back... Read more »
You don't go to jail for not paying the debt. You go to jail for not appearing in court when the Judge orders
you to appear. Generally, it is after a judgment is awarded to the creditor and they file for a hearing on assets. You are served with an order to appear at the hearing on... Read more »
I'm a 17 year old which is above the legal age requirement for working in my state. But she says she can call and quit for me without my consent. Can she? Or would I have to do it since me working is legal?
"Can my Guardian force me to quit my job in Oklahoma?"
Of course she can. It can be described as pretty much this simple: Parents/legal guardians make the rules, children follow those rules.
The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.
Was creek county supposed to have served defendant before ordering transfer? Or did... Read more »
If the defendant appeared in court then the court now has personal jurisdiction and service is made.
What can I do to get him released from hold or speedup the process or to help him at all
Best thing you can do is help him hire the best criminal defense attorney you can find.
a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... Read more »
You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...
VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where... Read more »
A judge in creek County ordered a emergency protective order to be transferred to tulsa to be heard in conjunction with pending FP case due to minor child listed. Creek County judge then sets a review date to be back in his court 90 days from then. Petioner never set a hearing in tulsa. Tulsa... Read more »
Combining a VPO with a paternity or divorce case is common. After the cases were consolidated, was a hearing set (by either party) to address both matters in the paternity case?
Did the parties have attorneys or was this a pro se deal gone wrong?
Short answer is no as presumably these are 2 separate incidents. That said, you should try to involve an attorney or group of attorneys who will work together on both incidents in order to provide you the best outcome. Use the Find a Lawyer tab and search for criminal defense/civil rights/1983... Read more »
He is constantly running away and tries to jump out of the moving car. Can I handcuff him to me to keep him from running off?? Is that legal?
Absolutely not.
A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit
This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?
She lives with her mother, I just want to know what her mother’s options are at this point because law enforcement says since this girl is 16, actually has the mentality of a 12 year old there is nothing they can do to make her come home.
Unless you have a guardianship of the child it would be up to her parents to take action. I would say calling the police would be the best place to start. The parents should also consult with a family law attorney asap to explain the situation in full detail and that attorney can then explain any... Read more »
Me with my testimony at my second jury trial. Who do I go through to get the whole transcript for my first trial
The court appointed attorney should be able to get you a copy of the transcript.
Especially when the place is falling apart
The short answer is that if the current tenant has no lease then there would be nothing to stop the church from raising the rent. This is a matter of contract law, so if the church wants to enter into a contract for lease at a higher monthly rent, they surely can do so. However, to be sure you... Read more »
The Civil Rights Act of 1991, 42 U.S.C., sec. 1981; et. seq. [including section 1983] is probably the law to be used. That Act adopts a state's statute of limitations period for personal injury claims as the time limitation. The issue being: in which state did the imprisonment first occur?
A dog is still considered personal property. A sales receipt or registration with your name on it would go a long was to you being able to show an officer you have possessory interest.
A 4wheeler I bought from someone got taken from my yard along with a gun that was stored in it.
I REPORTED it stolen a bail bonds called and said he has the 4wheeler and the person who took it.
It was impounded I paid 400 to get it out.
Then 2 mo later someone brought title... Read more »
The State has to prove that you knew or had reason to believe that the item you bought or received from someone else was an item that was stolen, embezzled, obtained by false pretense, or was from a robbery. However, there is what is called a rebuttable presumption in these circumstances. That... Read more »
I financed a car through a car lot. I was one week and 3days late then got threatening text messages from the financier saying they were going to call the authorities if they did not receive a payment I paid them half on Friday (the day of the call) and they agreed to receive the other half Monday... Read more »
I would have to see your contract, but it appears as if they did not follow the Fair Debt Collection Practices Act. They cannot threaten criminal charges, or negotiate in my opinion negotiate for further payment only to repossess. You need an attorney to look at the contract and then potentially... Read more »
If I’m driving and come across a group of protesters who then decide to start trying to bust out my car windows and pull me or a family member from the car. Can I then use lethal force to defend my property and self and family?
As a general rule you cannot use deadly force unless you are in fear of imminent harm to your safety or the safety of one of your family members typically. If you have an opportunity to flee or avoid the dangerous situation, you are required to do so as long as you can do it safely. You can’t... Read more »
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