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    Thursday, February 27, 2020

    Legal Advice - I was sexually assaulted by my brothers fraternity brother and one of the police officers that viewed my rape kit was an alumni and broke confidentiality by bringing it to the schools attention. Do I have regal recourse?

    Legal Advice - I was sexually assaulted by my brothers fraternity brother and one of the police officers that viewed my rape kit was an alumni and broke confidentiality by bringing it to the schools attention. Do I have regal recourse?


    I was sexually assaulted by my brothers fraternity brother and one of the police officers that viewed my rape kit was an alumni and broke confidentiality by bringing it to the schools attention. Do I have regal recourse?

    Posted: 26 Feb 2020 03:28 PM PST

    Oklahoma

    In 2015, I was raped by one of my brothers fraternity brothers at a party. After the party I went to get a rape kit done at a local hospital. A police officer came and picked up the rape kit and filed a police report. At the police department, a police officer that was an alumni of the school and the same fraternity saw the report and recognized the name of my attacker and my last name and connected the dots. He took my report to the fraternity, and they took it to the school in a defense attempt.

    I was contacted three days after the fact by the school and I was told they were investigating it and I needed to participate. If I did not participate, holds would be placed on my school account and I wouldn't be able to do enroll, apply for graduation, etc. I was not ready to handle it, as it was very traumatic for me and at that point I hadn't even told my parents yet. My hand was forced, as I couldn't participate in an investigation and not tell my parents.

    The whole thing was very traumatic for me, especially because I didn't get to process it on my terms. I'm currently writing a memoir for a class about the whole situation, and I have all of the documents proving exactly what I'm saying to be true. Included in these documents is an email from the fraternity's lawyer admitting how it was found out, and telling the university my name.

    I had to go to months of intense, expensive therapy that I paid for myself. I feel like my privacy and my right to confidentiality as a rape victim were violated. I have a meeting with a lawyer next week to discuss the matter, but I want to know if I have legal recourse?

    submitted by /u/overworkedhoe
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    Being sued for a car accident i was never in

    Posted: 26 Feb 2020 05:44 AM PST

    Hi Everybody.

    I got served last night and the papers are saying that a woman who i don't know, rear ended someone in my car on 8/312018. This is where is gets weird, they are saying it was a 2006 Subaru Impreza, and i used to own a 2006 Subaru, but i sold it on 4/18/18. The car i used to own is still owned by a close friend, and he has no idea who this woman is and he has never been in an accident with the car either.

    Also, not sure if this matters, but on the summons my name is stated with my middle name first, and then first and last name. They also call the car 2 different names in the papers as well, one place says "2006 Subaru Impreza" and another spot says "2006 Subaru Impreza Envoy" which isn't even a real car.

    Any help is greatly appreciated, as i would rather not be sued for something that i am in no way involved in! Thanks!

    Edit: I talked to my insurance company, and as suspected they cannot help me. As the car was no longer covered or owned by me at the time of the accident. The paperwork doesn't give VIN or any other identifying information about the car either. It's looking more and more like a scam. I have the company lawyer working on it now and he said he should be able to get it taken care of with a phone call. Will update here again when it is resolved!

    Thank you so much for all of your help everyone!!

    submitted by /u/lennywalkman
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    I Keep Getting Mail Saying That Someone Else Bought My House. It Hasn’t Been For Sale.

    Posted: 26 Feb 2020 08:02 AM PST

    Last year, my husband and I bought our first home. We've been paying our mortgage on time. All taxes and homeowner association fees have been paid. Now, something weird is happening. Over the past couple weeks, we've started to receive mail that implies someone else bought our house.

    Some of it is as harmless as welcome to the neighborhood packets, others are ads for mortgage insurance similar to what we received after we first got our mortgage, which makes me think that someone else has taken out a mortgage on our address. How can I find out if that actually happened?

    I want to nip this is the bud before it gets worse. I realize at this point it's just speculation about some odd junk mail, but something doesn't feel right about it and I don't want to ignore it and, for example, have some other person or entity try to kick me out of my house.

    Location: Texas

    Update: Thank you for those telling me to check the county website. I did some digging and it looks like the tax assessor made an error concerning the sale of a nearby property and has it listed under our address instead of the correct address, so we'll need to get that fixed. It appears to be a clerical error, not a scam.

    submitted by /u/_why_not_
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    Update: Small time reporter being sued for Article I wrote (Live in PA, sued in California)

    Posted: 26 Feb 2020 10:13 PM PST

    Hi Everyone! This is an update to a pretty old post that didn't gain too much traction about nine months ago, but I thought the update might be a bit interesting. You can read the original post here. TL;DR below.

    As I wrote in my original post, I'm a small-time journalist who was being sued for $30 million for an article I had written. Rightfully so, the best advice I received from here was to "get a lawyer." Like most folks who come to Legal Advice, I was kind of hoping it would just go away, but well. it didn't.

    Allow me to give some more details. A year ago, almost to the day now, I was working as the Editor-in-Chief for a small cannabis-related news site called PotNetwork News. We were one of a billion sites popping up as the industry grew. That being said, we did some pretty good work here and there. For example, I scored a big interview with former Mexican President Vicente Fox at the end of 2018.

    In the summer of 2018, I interviewed a man who had "discovered" that CBD could be distilled from hops, or more specifically humulus kriya. It was a decent size story that made it's way around many cannabis sites at the time. Here it is still up on Merry Jane, for example.

    To make a long story short, after I published my version of that article, I was keyed into the fact that this "discovery" might not be on the up-and-up. After months of digging — speaking with numerous sources, going through reams of documents, and tracking down every piece of information I could find — I was able to prove that this guy's discovery was indeed fraudulent. In fact, not only had he lied about his discovery by plagiarizing his research, it turned out he was lying about his identity. The guy who "discovered" CBD from "hops" was actually a con man who had been convicted of scamming companies like Kodak and Wells Fargo out of millions of dollars during the Great Recession. Under a different name he spent years in prison.

    It was a big deal because he had contracts with brand name companies in the cannabis industry. Last February I published my report, which you can read here.

    To be honest, it landed a little flat. Although one industry site picked it up, most all of them ignored it. I was disappointed, but it is what it is. I worked for a small site and the cannabis industry isn't one to admit its mistakes. Besides, I'm sincere when I say that I write these things because I think they're important, not for any personal gain.

    It's a good thing I don't do these things for personal gain, because in May both myself and the organization I wrote for, PotNetwork News, were served with a $30 million lawsuit. The guy I wrote about alleged both libel and trade infringement and a few other things. See, PotNetwork also sells CBD, so he alleged that I wrote the article for them as a way to put him out of business. His argument was that the two were competitors.

    Here's where it gets fun. For weeks my bosses told me not to worry, that they would "take care of it." And then I heard nothing. As the deadline to respond comes closer, I start hearing from people I know that the guy said he's made a deal with PotNetwork. It turns out, they decided to settle with him, admit fault, and pull my article from the site. I was told I could sign the settlement or he'll go after me personally for lots of money, even if I have proof that I'm right.

    So basically, they sold me up the river. As a writer and journalist, they were asking me to sign away my career and my integrity. On the other hand, I have a family to feed and no money to fight the good fight. It was a tough period. My wife was awesome and super supportive and after many conversations, she said she would stand by me no matter what. And I decided I needed to be able to look my kids in the eye.

    So I said thanks but no thanks. I actually tried to stick it out at my job for a bit longer but couldn't do it. I left a short time after, giving up a well paying job for the uncertainty of freelancing. At this point the deadline to respond to the lawsuit had already passed too. I contacted the Electronic Frontier Foundation, an organization that helps with civil liberties and first amendment rights. They were amazing and within two days they hooked me up with a lawyer in California who agreed to take my case pro-bono. And he was a pit bull and the nicest guy and someone I will be eternally grateful to forever.

    I'm not keen on the exact details, but he tried to file a demurr I think its called in Los Angeles Superior court. When he did that the guy dropped his suit against me and then refiled in Federal Court. Only in Federal Court it was his company suing me instead of him personally (and only for $10 million instead of $30 million).

    We filed a motion to dismiss and an anti-slapp motion. The motion was granted in November, however, they were given leave to amend and did so, refiling the following month. But their case was so thin, it consisted of things like "This statement is false because it's not true." That's not an exaggeration. I'm happy to say that this week the judge dismissed the case with prejudice, noting that the plaintiff has ability to prove his case. She also awarded me all attorney a court fees (which go to my awesome legal team and is well deserved).

    The ruling itself was interesting for any of the legal minds here, as the judge actually disagreed with some of my lawyers first amendment arguments and agreed with others. I'm happy to share the ruling with anyone who's interested. I even made the legal papers, you can read all about the case here on Law360. And fun little epilogue, the guy at PotNetwork who told me I could settle the case or go broke, well, he's got some troubles of his own to deal with these days.

    Anyway, that's my update. It's nice to get this out there as I've had to keep quiet for the past year. And please, with all the talk about fake news these days, support good local journalism and the people that are out there telling good stories and trying to get to the truth. Don't lose faith in these institutions.

    TL;DR: I wrote an article exposing fraud in the cannabis industry, was sued for $30 million dollars but prevailed because well, my article was right.

    submitted by /u/BestAtTeamworkMan
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    Employer [NY/NYC] is requiring that all employees who set foot in a Coronavirus affected country self quarantine for 14 days before returning to work and use accrued sick time to do so. Is this legal?

    Posted: 26 Feb 2020 05:56 AM PST

    I was speaking to a friend who told me their employer, a large healthcare system, that has both union and non union employees sent out a broadcast that if you've been in China, S Korea, Japan, Iran or Italy, including connections on an airplane, you have to self quarantine (or at least not set foot on their property) for 14 days before returning to work, using sick days to do so, even if you work in a non clinical site. Can an employer use the mere fact you've traveled to a particular country to force you to not come to work and use sick days to do so? Would they have to try to make reasonable accommodations such as working from home if your job could be done remotely?

    I would imagine this may be more of an issue for union staff who can sell their sick days or possibly use them to increase their pension on retirement. The other issue is the NYC ESSTA law which states that an employer must give you 5 sick days. Can an NYC based employer force you to use your ESSTA time for self quarantine based simply on your travel history? If you otherwise consumed all your sick days for self quarantine, would they have to still give you 5 "real" sick days?

    If it matters this is retroactive, so if you traveled and weren't aware of the policy (eg you returned the day before it went into effect), you still have to self quarantine. Does the fact that the employer is primarily engaged in healthcare matter (ie could, say, Goldman Sachs, implement a similar policy)?

    submitted by /u/acvdk
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    My son keeps skipping school and now I may be arrested for him not staying in school. (Mi)

    Posted: 26 Feb 2020 10:22 AM PST

    I have a son age 16 who skips school a lot. I make sure he gets there and walks into the building. So now I am being told that I can go to jail because he isn't at school. How do I make sure he stays in school so that I do not have to go to jail?

    I have tried to talk with him about doing school online but no response yet? Can I be put into jail for this. The school resource officer told me I am the one who will be put into jail if he doesnt stay in school

    This is in Michigan

    submitted by /u/frozethe
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    Help - I was in the hospital during my hearing and lost my case due to not showing

    Posted: 26 Feb 2020 07:21 AM PST

    I was the defendant in a small claims case that was set for final hearing last Friday, Feb 21 at 9:00 AM. On Thursday the 20th, I went into labor 4 weeks early and delivered Friday morning at 3:40 AM. The last thing on my mind was my small claims case that day, and I had completely forgotten about it due to everything going on. My baby had to go to the NICU and they had to run extra tests on me to make sure everything checked out.

    I am set to be discharged later this morning from the hospital. I called the Clerk of Courts to find out about my case and explain why I had to miss the hearing. I was told the case was closed in favor of the plaintiff by default judgement due to me not showing. After reiterating why I had to miss court, the clerk rudely told me there was nothing that could be done and I was responsible for the judgement owed. I even told her I could provide a doctor's note as well as medical paperwork, but she told me that all of that should have been faxed to her PRIOR to the hearing. I told her given the circumstances of me going into labor 4 weeks early and delivering just hours before my hearing, there was no way any of that was on my mind. She told me there was nothing else I could do and the case was closed and the decision final.

    This news is devastating. The judgement is for a very large amount - had I been able to show up to court, I believe the judge would have ruled in my favor. I do not have the money to pay for a lawyer to fight this for me. I don't know what to do at this point, and this is extra stress on top of everything else.

    Because this was a final hearing in front of a circuit court judge, is there truly no way to get this case reopened? What are my options at this point?

    Location: Green Bay, Wisconsin

    submitted by /u/LAThrowaway_022620
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    Help please: starting a case against mother and ex husband NSFW

    Posted: 26 Feb 2020 06:16 PM PST

    okay so i'm freaking out right now so if this doesn't make any sense just let me know. i am located in Canada

    when i was about 8/9 and my sister was 12/13 my moms husband at the time was molesting both of us. we don't know exact dates but we were both coherent for at least one time of it happening to both of us.

    the day after my sister was aware of it she had told my auntie, who was living with my mom at the time. my auntie then proceeded to tell my mom that her husband was molesting her kid. my mom then made excuses for him and brushed it off.

    now years later, my life has been perpetually fucked because of it. i have C-PSTD and BPD, as well as other clinical diagnoses. i have on record for a good portion of my life that this molestation took a big toll on me and has inflicted these mental illness issues onto me, preventing me from being able to sustain a job.

    i am wondering if i could still now, (21F) press charges against not only my mother for knowing and not doing anything, as well as her ex husband for being a pedophile.

    my doctors and psychologists are all aware of this and i'm just wondering if i have any legal backing. i would be headed to the police station right now but they are closed for the day.

    thank you for your help

    submitted by /u/smh_cheeze
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    r/legaladvice, I've got neighbors shooting at people in the street, and wondering if there's anything I can do about it. Does anyone have advice?

    Posted: 26 Feb 2020 08:58 AM PST

    I'm trying to figure out what do… Haven't ever posted to a sub like this one before, so I'll be quick to edit with more info if I'm leaving out anything obvious.

    My wife and 2 young boys live on a street of single family homes in the Charlotte NC area, and we own ours. A couple of years ago a new family moved in next door to us, and I believe they own, too. (Noting that we can't just call a landlord like in an apartment)

    Since then, about every month-or-two, we have some sort of incident with them discharging firearms; yelling and screaming at each other all night; playing extremely loud music loud until after midnight; 5-10 cars I've never seen pull through their drive for a couple of minutes; etc etc.

    One night around 11pm their 15 year old came knocking on our door asking to borrow a cell phone to call her bio dad because her mom just kicked her out with only a jacket on, no shirt underneath.

    Another time, I was out in the back yard with my 2 year old, when a young male came running out of the house with a shotgun, shooting at something in the woods. I yelled at them to knock it off, and he went in. So I took my 2 year old in, and walked over there to talk to them, but they wouldn't answer the door.

    We've called the police with noise complaints or firearms probably a dozen times now. They don't seem to ever do very much, if anything. A few times they have just driven by at 3mph, or pulled into the wrong drive way, just to immediately back out and then go along with their patrol.

    Last night, two cars pulled up on the street outside of their house, and the yelling ensued. Someone was standing in front of one of the cars, I'm assuming trying to not let them drive off. Then someone from the side of our neighbors' house (10 feet from our bedroom window, 15 from my 3 year old's?) started shooting at the two cars in the street, who peeled out and sped off.

    I was out when my wife called me, hysterical, right after she called 911. She witnessed the whole thing once she heard the yelling. A couple of officers came and talked to her. They went over with guns drawn, and a handful of other officers showed up. But after a few minutes, they just got in their patrol cars and left, without any follow up. I got home about a minute after the cops left, so I didn't get to talk to them myself.

    It's incredibly stressful for my wife and she's not getting good sleep, so any advice is helpful. Is there anything we can do? Putting the house up for sale and gtfo seems to be the only thing I can think to do.

    Thanks

    submitted by /u/TontieTakana
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    Is it normal to not be ALLOWED to make student loan payment, but account is accruing interest?

    Posted: 26 Feb 2020 06:50 PM PST

    The loan is unsecured so I know it will be accruing interest however I have attempted to make both a one-time payment as well as setup auto payments while still in grace/forbearance and both attempts have been cancelled by my loan servicer which just seems shady as fuck.

    submitted by /u/just_garbage
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    [AR] I got taken by my dad and beaten pretty badly, he's in jail but he's about to be out soon. What can I do?

    Posted: 26 Feb 2020 07:23 PM PST

    I've [16] lived with my grandmother in Batesville pretty much my entire life, yesterday my dad decided my grades weren't good enough and came and took me to his house in Wynne. On the ride there I told him I was going to call the cops and he reached over and took my phone from me, as I was struggling for it back I placed one of my hands on the wheel and he turned and hit me multiple times, in the face and on top of my head. Later the same thing occured and I was again struck multiple times. The third occurence was when I cussed and he punched me in the face, I hit him back and he pulled over and atacked me, hitting me multiple times, I surrendered and he told me if i ever laid hands on him again he'd kill me. We arrived at his house and I told him i wouldn't get out until he called the cops. He drug me out of the car and into the yard where we fought, i dont have many visible wounds but his face got pretty damaged. He finally agreed to call the cops, and they took me and him to holding cells, I got out this morning, but hes still in there. Since he has primary custody the only person he allowed to get me was my stepmom, so im currently stuck at his house. I have no phone so im using my step brothers oculus browser, so I apologize for the formatting. We're both being charged with 3rd degree domestic battery, he's going to court while in the morning im meeting a juvenile court person(?) I honestly am unsure who it is.

    Is there anything I need to say or do? Im unable to contact anyone, the only thing I care about it going back to Batesville. I'm sorry if im unable to respond quickly, if I got caught she'd call the police. All I need is a little bit of guidance. Thank you.

    submitted by /u/ElementalStrith
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    I may have to report my boyfriend missing and he has a couple (non-felony) warrants.

    Posted: 26 Feb 2020 04:25 AM PST

    I haven't heard from my boyfriend for nearly 18 hours. This is not normal for him and I'm thinking of reporting him missing because I'm really worried... But if he turns up okay and the police are the ones that find him will they arrest him because of his warrants? I think I'm gonna need to report him either way but I just wanna know what to expect. He has my car and we are both insurrded on it with legal drivers lisences. He had permission to take the car and he has been for a year. This has never happened. He is supposed to pick up his check today between 2pm-8pm. If he doesn't show up to pick it up, I have to file a report.

    submitted by /u/-CheeseBallPrincess-
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    Crashed my bike and broke my arm due to a dog that wasn't on a leash

    Posted: 26 Feb 2020 09:15 AM PST

    This took place in New York, but not NYC, which I know has its own set of bike laws. I am doing voice to text since my dominant arm is useless at the moment, so apologies in advance for any awkwardness due to transcription inaccuracies that I might might not catch.

    The TL; DR is that I crashed my bike trying to avoid killing an unleashed dog that abruptly rushed at me from out of some trees, the owner of the dog left the scene but a bystander got her picture/license plate, my arm is badly broken, I am going to miss significant work, my phone is dead and my bike is damaged.

    So I was out for a bike ride on Monday afternoon. The stretch of the bike path I was on where this occurred has a river to its immediate left and a wooded area to the right. The part of the trail I was on curves in a way that causes the wooded area to limit visibility for people traveling north (I was southbound), and I saw a runner coming up so I hit my bell to make sure that she was aware of me. Right after ringing it, a small dog came tearing out of the wooded area and charged directly at my bike. I cut my wheel to try to avoid hitting it, as a collision almost certainly would have killed the dog and sent me flying over my handlebars. Unfortunately the dog was REALLY upset with my front wheel, and since I couldn't turn left without doing a swan dive into the river or hitting the runner, I wound up turning too sharply to the right and flying over my handlebars anyway.

    The runner rushed over to see if I was alright, and just as she was taking me through a concussion check, an older woman came around the bend from a parking lot that is adjacent to the bike path maybe 30 yards south of where this happened, and immediately started flipping out about her dog. The runner explained what had happened, which led to dog lady going absolutely ballistic about how I could have killed her dog. She went on for a bit and I was pretty out of it, but the gist of it was that I got a lecture about how dogs need an opportunity to run free from time to time, so people should be more careful, and that it was my fault anyway because ringing my bell set her dog off in the first place. I didn't engage beyond saying that I needed her contact info, because I was on an absolutely ridiculous adrenaline high and didn't trust myself to stay composed, and losing my shit on her wasn't going to help the situation in any manner. The woman then picked up her dog and made a beeline for the parking lot, but the runner took a few pictures of her, as well as a couple of her car with the license plate visible as she got in and pulled away.

    The runner called the police so I could file a report, then I borrowed her phone to call a friend for a ride to the hospital (luckily one of the maybe three people whose number I actually have memorized was available). While we were waiting, the adrenaline began to wear off and I started to notice just how badly my arm was hurting. The cops showed up first, the runner and I gave our statements, and she hung around while I waited for my friend. The x-rays I had done were not encouraging. I have an impact fracture as expected. The worst of it is a fractured radial head, but there is also damage to my wrist and hand, and my shoulder hurts like a motherfucker as well. I am seeing an orthopedist tomorrow, but the guy I saw at the emergency room said that I should consider 12 weeks in a cast to be the bass line, but that could go in either direction depending on how I heal. Unfortunately my job absolutely requires two working arms, and there isn't any sort of position my company can shift me to in the interim, so I will almost definitely be out of work while I am recovering. But hey, on the bright side I've got a date with a cute runner who is the type of person who will stop their day and stick around to help someone they witnessed getting hurt, so at least there's a silver lining.

    To be clear, I was not riding excessively fast. I checked my speed about thirty seconds before this happened and saw that I was going 12 mph, but I dropped a significant amount of speed as I hit the curve because I have had close calls with runners drifting into my lane in that spot. Almost every entrance to the bike path has a sign with rules posted on it, that include keeping dogs leashed at all times, and essentially reminding pedestrians that while they are welcome to use the trail, it is primarily a bike path so they should remain aware of their surroundings and not walk three abreast etc. Basically what I am saying here is that I was doing nothing illegal or reckless when this took place. In fact I probably wouldn't have been hurt badly at all if I landed on the ground, but unfortunately I more or less did a Superman directly into a tree.

    Sorry for the novel, apparently pain killers make me chatty. Anyway, here are my questions:

    How will I get the dog lady's identity/contact information from the police? Will they just hand it over if I ask, or will I have to get a lawyer involved to subpoena it, or something along those lines?

    I fully intend to sue this woman for every penny that I am entitled to, and will be in touch with a personal injury attorney later this week. For now I am just wondering what damages I will be able to claim. I am going to incur some terrifying medical bills despite my insurance, and as started earlier I will also be unable to work for a significant amount of time due to the nature of my job/company. My phone also broke in the crash, and while I haven't had an opportunity to look at my bike yet (need to borrow a second set of hands to check it for damage thoroughly), at the very least the fork is cracked. The phone is a Pixel 4 XL that was two months old and in nearly perfect condition. The bike's frame/fork are pretty sought after by collector/enthusiast types, and worth a decent amount of money if in good shape. Both were basically flawless before the accident; the fork is now unusable and the frame has significant cosmetic damage at the very least, which would have an enormous impact on its secondary market value. Would any of this fall into tough shit territory for me, or is it all stuff that I can realistically sue for?

    The personal injury attorney I mentioned is a friend of a friend who is a great lawyer and will work for me on contingency at a very fair price. Unfortunately he is out of the country and essentially incommunicado till Friday morning. My preference is to wait for him by a wide margin, but would I be putting myself at any sort of disadvantage by not getting the ball rolling immediately?

    Thanks in advance.

    submitted by /u/brokenarm_throwaway
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    Do I still have the right to refusal if he gets married again?

    Posted: 26 Feb 2020 07:05 PM PST

    Colorado- So my ex and I have the right to refusal for our daughter, which means if it's his week and he can't be with her he has to call me first to see if I can take her, and vice versa. So now, when it's his week, when he has to work at night he has to call me and I take our daughter. But when he gets married again in a few weeks, does he still have to call me first to watch our daughter even if his wife will be home?

    Edit: this sounds a lot stupider and bitchier than I meant it to, but I appreciate anyone who can help me understand. Thanks

    submitted by /u/storiesaremagic
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    My next door neighbor put a peace order against me. We live in townhomes and our houses are connected..? (MD)

    Posted: 26 Feb 2020 06:30 PM PST

    Well title sums it up. It's a bunch of pettiness. It's so stupid I don't even feel like going into details but I've never had a conversation with the woman until her boyfriend threatened my mother. Now the woman put a peace order against me and the paper says "avoid common areas and surrounding dwellings" problem is.. we live in townhomes that are connected to each other. How the hell am I supposed to avoid common areas when we basically live on top of each other?

    submitted by /u/justsittinwatchin
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    [VA] Grandfather is in nursing home with dementia and his daughter just cleared out most of the furniture from his home without permission

    Posted: 26 Feb 2020 04:38 PM PST

    [VA] Ok - so I have no dog in this fight, I'm mostly just curious to know how it could play out.

    My wife's grandfather, "Bill," is in his 80s with dementia and recently moved into a nursing home. Years ago, when he realized his mind was going, he gave my father in law, "Steve," power of attorney and instructed him to manage his assets until his death. Bill is fairly wealthy and has a significant estate, including commercial property, stocks, cash, etc. My father in law has looked after this estate for years, basically ensuring the home is kept up, the commercial property is occupied, taxes are paid and that Bill receives the care he needs. The remaining assets will be divided up upon Bill's death based on his will.

    As I said, Bill recently had to move to a nursing home, leaving his home unoccupied. My father in law decided to rent out the property furnished to family friend to bring in some extra money and make sure someone was keeping an eye on the place. He went to the property today to do some last minute maintenance and move so sentimental effects into a storage area within the home before the renter took up residence.

    When he arrived, he found that the majority of his father's furniture had been removed from the home. There's evidence his older sister, "Sarah," removed the furniture as some of it had been replaced with items from her home. Most of the stuff removed was more sentimental than valuable but included things like a player piano, a 12 person dining room table, couches, desks, china cabinets, beds etc. The furniture was there two weeks ago, so it appears that Sarah must have hired a moving company to remove the furniture within the past few days.

    At this point, Steve hasn't made contact with Sarah to find out what's going on. She's always been controlling and, at times, has behaved irrationally. My guess is she'll say she was concerned the renters would damage the furniture, so she removed it from the house for safe keeping. More realistically, I suspect she's always been a bit upset that her younger brother received power of attorney instead of her, so she's looking to take possession of some family property in order to control who has access to it.

    So, my question is, how does this play out? The furniture is still the property of Bill, who is very much alive. Bill's estate is being managed by Steve, who did not consent to anything being removed from it (he's been very adamant that nothing be removed, sold or handed out to protect the integrity of the estate until Bill passes). The incoming renter is expecting a furnished home. Assuming Sarah doesn't say where the furniture is or doesn't move it back to Bill's house, what happens next?

    submitted by /u/cleanhousethrowaway1
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    Husband is psychotic, I am pregnant. Should I leave him off the birth certificate?

    Posted: 26 Feb 2020 08:50 PM PST

    California USA. Very long story short, but with no prior history of major psychiatric illness, my husband had a complete psychotic break including paranoia and delusions (but no violent, abusive, or suicidal behavior). We have been married for over a year, and I am now 32 weeks pregnant (and the psychiatric symptoms emerged after the point when termination would have been an option). He is MIA, noncompliant with medication and treatment, and has vacated our residence and is voluntarily homeless. I'm not looking for advice on seeking treatment as I have exhausted most of my resources there, since at present he doesn't seem to meet criteria for involuntary commitment.

    I know I will have to consult a lawyer soon, but there isn't a lot of time to do so as I may be induced early for medical reasons. At this point he has not expressed continuing interest in being a part of his child's life, but I understand he has parental rights anyway. I can begin pursuing a divorce, but he won't respond to it, and there's not sufficient time to get that ball rolling. Should I leave the "father" part of the birth certificate paperwork blank? Cursory googling indicates that will effect my ability to pursue child support, which I'm not that worried about because I'm not very optimistic about him ever holding stable employment again. Social security survivor benefits seem more likely at this point, but financial support from him isn't a major priority. Since we are still legally married, is paternity presumed and rights extended? And what does this entail? What kind of documentation of his illness should I be maintaining in the event he pursues custody, if he ever stabilizes?

    Please understand I'm not hoping to be vindictive or punitive, I'm just emotionally exhausted and scared and trying to protect myself and my kid.

    submitted by /u/prim8phd
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    Apartment building in Texas renovating my apartment while I’m still living in it

    Posted: 26 Feb 2020 04:45 PM PST

    Hello,

    I came home Monday night to an unlocked apartment with all my lights on. I walked inside to my bathroom and all of my personal belongings and personal hygiene items were strewn about the bathroom floor and the sink was trashed.

    I thought it was a break in or something but my then I realized my ceiling fan was new and I had a new sink and new lights in the bathroom. Later, someone tried to enter my apartment without knocking.

    I found out that my apartment complex started renovating the units without prior notification to the residents.

    I had no idea that they were going to be entering my apartment and renovating everything.

    I emailed the front office that night and did not get a response the next day until after I called the front office. I told them my concerns and showed pictures of the bathroom situation, but got no response.

    Yesterday, when I got home at 6:30 pm, the door was unlocked again and my lights were on again. My kitchen was completely torn up and I could not even use it to cook. At this point, construction workers entered my apartment to finish sealing the countertops. They did not leave my apartment until 7:00 pm.

    All of my personal belongings were placed in the living room, including dirty dishes from my sink. The dirty dishes (still with water from the sink in them) were placed on my couch.

    Today, when I got home. My door was left unlocked again and I am still unable to use my kitchen.

    I have expressed my concerns to the front office and have not gotten a response back.

    Do I have any rights? / what can I do in this situation?

    I have read my lease and there is no clause regarding renovations during occupancy or an unlivable apartment situation.

    And just FYI, I leave the apartment at 6 AM for work and do not get back until 6:30 PM. The office is only open from 8:30-5:30.

    Please help.

    submitted by /u/vlb2017
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    My friend bought a flight, asked me for the money, and then cancelled it

    Posted: 26 Feb 2020 05:45 AM PST

    So me and one of my close friends were planning on going on a trip for spring break. We got all excited and planned it out and bought our tickets last week. It came out to $353 each ticket and he asked me to send him the money for my ticket. I did so and then this week he said he doesnt wanna go on it anymore.

    He won't tell me why he suddenly changed his mind but he said the airline (Spirit) wont give him a full refund so he can't give me my money back.

    I quite frankly dont care if they wont give him the full amount back. He's the one who wanted to cancel it a week after buying it and wont even tell me why and now he doesnt want to give me anything. I know this would only be a small claims case. Do I sue him? What are my options here?

    This is in Florida too if that makes a difference

    Edit: To clarify since some people have asked: he bought the tickets because he has a membership or promotion on his account with the airline and it'd be cheaper for him to buy both on his account than for each of us to buy our own.

    He bought both tickets and i sent him my half of the money. Yes he did buy the tickets because he forwarded me the confirmation of purchase last week. I sent him the money via cashapp two days ago and he cancelled the flight yesterday. He is saying they arent giving him a refund therefore he can't give me my money back

    submitted by /u/bex08
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    She deleted 2 YEARS OF WORK

    Posted: 26 Feb 2020 05:25 PM PST

    I met this artist a while back through a friend. Then we started hanging out and I offered to help her with her business. I acted as her marketing agent and spent a good amount of time on that. Then she decided to run everything on her own and slow down progress for personal reasons.

    At that time I started a video series on my instagram stories that later turned into youtube videos. I wanted to do an "Artist of the Month" where I could incorporate art from a local artist to my channel every month. She was my first artist, before I decided not to do it anymore. While I was getting starting on the youtube channel I came up with an idea and asked her to be apart of it. Then she offered Social Media help. So I gave her access to my google drive (full of planning and organizing for the channel along with my modeling, acting and personal documents). I, also, gave her access to my Channel's Instagram and then she started posting for me.

    Things started escalating between our relationship and we ended our friendship. Then she commented on someone else's comment on my post saying that she didn't want me using any of her work. So I deleted all of the stuff she posted on my Instagram (I cleared the entire profile) and removed any art that was associated with her (which included my logo and cover photo). I still do have a video with her art on it, but I wasn't going to delete the whole video cause it's still got my content.

    Then a couple months went by and she wasn't bothering me anymore, so I thought it was in the past. Then just last tuesday all the folders in my drive went missing. When i started looking in my drive I found that she accessed the drive through her account (I thought I removed her privileges, but obviously not) and started clearing one of my "Video Ideas" documents. Then she had the brilliant idea of logging into my google account (I assume she was able to do this because I've logged on to her laptop before and her chrome saved my account) and deleting all of my folders. All of them. There was only 2 documents left after she did her work.

    Fortunately I was able to get all of my files back except for a few photos that I was able to recover from the photographer.

    Is there any legal actions I can pursue against her? This is in Colorado if that's relevant.

    submitted by /u/juliasdailygrowth
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    My identity was used by someone else at a traffic stop/possession charge

    Posted: 26 Feb 2020 04:00 PM PST

    Hey Legal Advice, never thought I'd be here but here I am.

    Two weeks ago I came home and checked my mail and found a notice informing me that my court date had changed. Initially I thought this must have been some kind of scam, because I had not been arrested, charged with a crime, anything, so how could my court date have changed if I didn't know I had one to begin with?

    The next day I looked up the Municipal Court that had issued the notice and called them up. I gave them the Special Complaint number written on the notice and they read back my name and told me that a citation had been issued to me for possession of marijuana under 50 grams during a traffic stop last March. They gave me the intersection where the traffic stop occurred and I was obviously very confused. I had no idea where the intersection was and definitely was never pulled over (much less cited for possession of marijuana). I live in New York City and have never owned a car. I had to Google the intersection and where the heck the municipal court was that had issued the change of court date notice. Found it was about 3 hours south of me and I can't say I've ever had the pleasure of visiting there.

    The municipal court sent me a copy of the ticket and gave me the phone number of someone to contact at the authority that issued the ticket. The ticket had my name, address, DOB, Driver's License number and expiration date. It listed my height and eye color incorrectly (doesn't match my driver's license) and summoned me to appear in April of last year. Obviously I did not go to this court date, because I did not know that I had been summoned!

    The officer at the authority that issued the ticket was super helpful, giving me the name of the arresting officer and the name of a state trooper who was investigating someone else who had used a false identity during a traffic stop using the same car a month before someone used my identity during this traffic stop. I spoke with the State Trooper and he looked up my name and a mugshot came up with my name and address attached to it. The person in the mugshot is 4" taller than me, 40 pounds heavier than me, and not the same ethnicity as me (mugshot is an African-American, I'm Caucasian).

    I've been trying to get in contact with the police officer that made the traffic stop/is listed as the complainant on the ticket, but he now works for the neighboring state (when the ticket was issued, it was issued by a two-state authority and he's moved from this authority to working for the opposite state of the one where my summons is issued). I assume he would be the one to get my case thrown out.

    Another added wrinkle to this: around 2 weeks after this traffic stop, I got a call from my bank that someone had walked into a local branch about 4 hours south of me (not exactly next to where the traffic stop happened, but not that far either) and tried to take money out of my savings account. My bank contacted me and told me they had stopped the transaction and filed a police report. My bank told me to go to my local police precinct to report it and my local police precinct said they couldn't do anything (even take a report to have a record of it) because the person didn't steal anything from me. Stupidly I didn't follow up with the branch where it happened, as they may have turned over video to the local police with this persons face on it.

    I've got a number of questions:

    1. Who is the best authority to talk to to get this case thrown out? It seems like it's pretty cut and dry (I look nothing like the person in the mugshot or the video of the arrest) and it seems like a call from either a police officer, prosecutor, municipal court to my state's DMV would clear all this up? If I had to go to this court date in person it would come at great personal expense, as I would have to take possibly two days off work and rent a car to get there.
    2. If I do go in person to clear this up, what are the chances that they simply ask for my plea, I say "not guilty," then they set another court date for me to argue my case, causing me to take more days off of work to argue this cut-and-dry case?
    3. Do I need to hire/talk to a real lawyer about something this cut and dry?
    4. I've already locked my credit, changed my credit cards, debit cards, etc. Are there any steps I haven't thought of to protect my identity? What if this asshole's fingerprints show up at some other crime scene and my name pops up when they search for them.
    submitted by /u/BonghitsForAlgernon
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    US judge awarded me my late father’s Social Security disability backpay in 2018. I haven’t been paid yet

    Posted: 26 Feb 2020 07:33 AM PST

    My late father had a disability prior to his death and begin the process of applying for Social Security disability. He was initially denied. At that point he got a lawyer and started to contest the denial, dying during the process. I went to court on his behalf after his death to finish the process and the judge awarded me the Social Security disability backpay for when he was alive. I have the letter from the judge stating this. I still haven't been paid by Social Security disability. They give me different answers every time I call them.

    My legal question is is there anything I can do legally to get my money? Should I get my lawyer again? It's been two years.

    submitted by /u/Globlovescash
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    Internal Audit Refuses to Report a Felony, Threatens Retaliation?

    Posted: 26 Feb 2020 09:28 PM PST

    Location: New Mexico

    I work at a public university in the USA. My colleague is in a difficult position and none of us understand how to document the situation. I think we need legal help, but don't know how to find an appropriate lawyer, or if we need one. He reported a staff member who illegally accessed protected computer systems and e-mails. She (the staff person) was actively monitoring people at the institution.

    The staff person at the university has committed at least two felonies and used the information acquired to damage other peoples' careers. This is documented and was reported, immediately, to our Internal Audit office. The first time it happened she (the staff member) was put on unpaid administrative leave while an investigation took place. She was then allowed to quit her job before the investigation was completed and was found to have been illegally monitoring computer systems. Within 6 months she had reapplied to a different department at the same university and was rehired. She then did the *same* thing in the new department. This is when my colleague reported her.

    The illegal access was reported to the Internal Audit office and was well documented. We have been told that although there is evidence of TWO felonies that we do not have the right to go to the police to report them and that it is exclusively an institutional matter. While we did not receive anything in writing or via voice mail, our jobs were threatened in person to person conversation with Internal Audit; if we report this to the police, our "retirement" would be made "impossible." My colleague was told this is exclusively an "institutional matter."

    This situation is made slightly more uncomfortable because I personally know of another case Internal Audit smoothed over. We had a staff member in a different department who embezzled money. It was reported to Internal Audit (mandatory reporting for research fraud), and the staff member was, again, allowed to quit (rather than be fired) and re-hired by a different department. It was not reported to the police. I strongly suspect our Internal Audit office itself is corrupt and is using their position to intimidate faculty into silence in order to avoid scandal. However, faculty, staff, and students all have requirements (both state and federal) for reporting fraud.

    My questions are: 1. Is it lawful for Internal Audit to refuse to report to the police a known or suspected felony; 2. Is it lawful for the institution to knowingly move a staff member from one department to another when it is putting other workers at risk? 3. Are they allowed to threaten my colleagues career (or mine) for wanting to report what we consider to be an incredible security threat?

    I'm rather scared.

    submitted by /u/Civil-Chart
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