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Posts posted by pg1067

  1. The protective order is directed against him, not you. Of course, if you're seeking a protective order against him, why the F__ would you want to be around him or let him live with you. If/when it comes time to renew the order, your own conduct may justify not extending or renewing the conduct. In other words, your boyfriend/ex-boyfriend might oppose the order with evidence that you initiated contact with him. In light of such evidence, the judge might wonder why you need "protection" from someone you are actively seeking to be around.

  2. Yes, if you want legal advice, you are in the wrong place. That is quite clearly spelled out in the terms of service and community guidelines of this site. We can only provide general legal information.

    When you say "escort," are you talking about a protitute/hooker, or are you talking about someone who simply accompanies someone somewhere? Given the nature of the board on which you posted, one must assume that you're talking about the former.

    Your question is awfully vague. The crime is the exchange of money for sexual services or the offer for same. You can try and be as subtle as you want (calling the trick fee a "donation," claiming that it is only for companionship and that any sex is mutually consensual, etc.), but at some point, the line gets crossed, and no one is naive enough to believe that something is happening other than prostitution.

    Therefore, the only idiot-proof way to avoide getting busted is never to use words or engage in conduct that evidences the exchange of money for sexual services or the offer therefore. In other words, don't do it and don't offer to do it. If you want to engage in this "profession" despite its criminality in most places in the U.S., then jail is an inherent risk of the job.

  3. The response of "dansue111189" makes a couple of good suggestions, but others are awfully stupid.

    "1-Sneak into his yard and disable the camera."

    Criminal trespassing.

    "3-Point a camera into his bedroom."

    Just because your neighbor is being an a-hole doesn't mean you should engage in the same boorish conduct.

    "5-Send him unsolicited sexual materials."

    A violation of federal criminal law.

    "6-Notify the police that you think he is a peeping tom."

    The poster certainly can contact the police, but the facts don't warrant doing so because no crime is being committed.

    "8-Make sure everyone in the community knows he is a pervert."

    Potentially defamatory.

    "9-Take pictures of the camera and it's location and post the pictures on the community bulletin board.

    10-Put a sign in your front yard pointing to his house and letting everyone know what he is doing."

    Nothing inherently wrong with these things, but I don't see how they'd accomplish anything other than to escalate the situation.

    It occurs to me, by the way, that the poster hasn't told us what the neighbor said when the poster asked him/her why he/she was doing this.

  4. If the landlord's concern is the tenant's ability to pay the rent, then I can't see any need for any special provision. If the tenant doesn't pay, the landlord can evict the tenant. If the landlord wants to insist on a provision to compensate it for some percentage of the build-out costs in the event of early termination, it is free to do so.

  5. luvjoyrn said...

    Are you saying he can?


    Keep in mind that we have no information about your husband or your/his situation other than what is contained in your post. You said that your husband "has an order before that he cannot leave the country." I don't know the function of the word "because" in this sentence (i.e., what you wrote is ambiguous), but a present tense verb -- "has" -- tells me that this court order is still in effect, from which I can only conclude that there is an existing court order that prohibits him from leaving the country. But, obviously, I haven't read the order, and I don't know anything about it other than what it says in your post.

    Obviously, in the absence of such an order, there would be no reason to believe that there is any legal restriction on your husband's ability to travel.

    So...you tell us...is there an order that is presently in effect that restricts his ability to travel?

  6. "When do I file papers for the DNA test? Do we have to wait until the baby is born to file the papers?"

    Yes, you have to wait until after the child is born. Until the child is born, a determination of paternity is legally meaningless.

    "Can we go through a third party for the DNA test and then have the results sent to the courthouse?"

    I don't know the specific procedure in Minnesota. Presumably, you (i.e., the child) and the alleged father will be ordered to go to a testing facility to provide samples, and the testing facility will report the results to the parties and the court. Consult local counsel about this.

  7. Genna5194 said...

    They need her to sign this as she is the daughter/survivor of the son named in the will.

    I assume this is your daughter's grandmother's will, as opposed to your daughter's father's will.

    Whether or not your daughter is entitled to anything from her paternal grandmother's estate cannot be determined from the part of the will you quoted. The will probably says something about what happens if any of the named beneficiaries dies before the grandmother. That's the important part for figuring out this issue.

    I suggest you consult with a local attorney about this. Shouldn't take more than about ten seconds for someone to figure out whether your daughter is entitled to anything.

  8. superbigdog1728 said...

    Executor of estate which I could become a beneficiary was apparently settled 20 yrs. ago cannot be found.

    I'm sorry, but this doesn't make much sense. You "could become" (future tense) a beneficiary of an estate that was settled 20 years ago? How could that be possible?

    superbigdog1728 said...

    What type of research and/or legal notification is necessary to contact "missing" executor

    I don't understand this question. In order to contact anyone, you must have some sort of contact information, such as an address, telephone number, e-mail, etc.

  9. If you have no income and no non-exempt assets, then there's nothing your creditors can take from you. Of course, I would assume that you hope to change and are actively working to change your circumstances.

    In any event, I don't really understand the "how can I file" question. You file by submitting a petition with the appropriate schedules, etc.

  10. My guess (and it's just a guess) is that whatever you read was referring to a concept commonly called "judgment proof." If you have no non-exempt assets and your only source of income is also exempt, then a creditor has nothing against which it can enforce any judgment it might obtain against you. In certain respects, that has the same effect as filing bankruptcy (although there are some significant differences). Like the others, I have never hear the term "home bankruptcy," and googling the term turns up articles relating to whether a person who has filed bankruptcy can "save" his/her home.

  11. timsed said...

    The Bank insists I'm part of the loan, because I was party to the checking account and somehow that because I agreed to the terms of the checking account, the loan was implicit and they don't need a specific signature on any loan documents. What can I tell them?

    You can tell the bank anything you like. Determining whether the bank's position is correct obviously requires reading the checking account documentation. I suggest you read that documentation to see what it says (and ask for a copy if you don't have it). You are free to tell the bank you won't pay; the bank can sue you; you can defend; and the court can decide the issue.

  12. The charges were filed by the district attorney, not your fiance, and only the district attorney can dismiss the charges. The DA can force your fiance to testify as part of its case against you. If she testifies to different facts that she told the police, then she could face charges for perjury or filing a false police report. You need an attorney to help you defend against the charges, and she may need her own attorney to advise her in connection with her testimony.

  13. You're free to contact that local police or the FBI about possible criminal sanctions (I believe the FBI has jurisdiction over things that happen on the Internet), but that won't "make sure this person does not do this again." You're also free to file a civil lawsuit, but that too will not "make sure this person does not do this again." It will only (possibly) get you monetary damages. The only way to "make sure this person does not do this again" would be to kill him/her, and that's obviously not an option.

  14. payton18 said...

    Can they still take current payment and not just arrears?

    Your obligation to pay child support continues until one of the following occurs: (1) the obligation terminates pursuant to the terms of the court's child support order; (2) the obligation terminates by operation of law; or (3) the court enters a new order terminating the obligation.

    Based on a quick google search, it appears that child support can be terminated if the child is 18 and has graduated high school, but you need to read the court's child support order. It may be that you will need to petition the court to terminate the current obligation.

    Another thought occurs to me: Even if you no longer have a current support obligation, it is possible that the child support enforcement authority is taking more for the arrears since you no longer have the current support obligation. You're certainly free to discuss with someone at the support enforcement authority.

  15. Ted_from_Texas said...

    if he pointed it at another student's face -- accidentally or on purpose -- . . . [and] if the other child suffered an eye injury you could be liable for civil damages as well.

    I disagree here. Under California law, vicarious parental liability would only exist for willful/intentional conduct. There is no vicarious parental liability for damages caused by a child as a result of negligent/accidential conduct.

  16. Sometimes there are local ordinances that set a maximum occupancy for particular types of dwellings. Additionally, a landlord may limit the number of persons who can occupy a rental unit. But no state has laws on the subject. It's not clear what your concern is, but you're free to contact the landlord, whatever local agency it is that enforces local occupancy limits (if any exist in your area), and/or the local child protective services agency.

  17. runner5 said...

    i will also have to subpoena the mediator. How do I go about that?

    I don't think I understand the question. You subpoena the mediator by serving him or her with a subpoena. That said, I have to wonder what information you think the mediator could testify about that wouldn't be privileged.

  18. I'm not in any of the states you mentioned, so I can't give you a professional opinion about the differences between those states' laws. Duress certainly is a big issue with respect to prenups, and the best thing to do is to make sure the spouse with the perceived "weaker" bargaining position is represented by independent counsel. Good luck.

  19. Opinions about what she "deserves" from anonymous strangers on an Internet message board are not, in my opinion, especially useful. The question is what chances does she have of obtaining visitation, and that that can only be answered by a local attorney with knowledge of the applicable state law, all relevant circumstances, and the tendencies of the local judges. The applicable legal standard is the child's best interests, and courts generally assume that it is in every child's best interests to have as full a relationship as is possible with both parents. Without knowing even what state this is happening in, I can only guess that any visitation that the mother is granted will be fairly limited and might need to be supervised.

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