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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 8 of lawyers' answers to legal questions.
Unfortunately, even if your doctor marked you as permanently exempt, many Texas counties don’t automatically remove people from the jury-duty pool. The local jury administration office or county clerk typically controls the master jury list, and the medical exemption form only applies to the specific summons you received, not future ones. That’s why you keep getting new notices. To reduce the chances of being summoned again, contact your county’s jury services department directly (their number should be on your summons). Ask them to keep your doctor’s note and to flag your record for permanent exemption under Texas Government Code § 62.109, which allows exemption for physical or mental impairments that make jury service impossible or very difficult. If the clerk won’t honor the permanent exemption, you may need to resubmit the form each time you’re called. It’s frustrating, but you’re not being singled out—the system doesn’t always update automatically. Keeping a copy of your doctor’s letter on file will make the process easier each time.... Read More
Unfortunately, even if your doctor marked you as permanently exempt, many Texas counties don’t automatically remove people from the jury-duty... Read More
If the child support case is being handled through the Nevada Child Support Enforcement Office, any payment made outside the system (directly to you) will not automatically be credited toward his arrears. The state generally requires all payments to go through the official child support office so they can be recorded, tracked, and distributed correctly. If he owes arrears on multiple cases, the state may apply part of any lump-sum payment toward all his debts, not just yours. That’s why private side agreements can be risky—if he pays you directly, the court may still consider the arrears unpaid, and he could remain responsible for the full amount. If you both want to settle, the proper way is to contact the Nevada child support office or a family law attorney to request a formal compromise or arrears settlement. Once approved and documented, it ensures the payment is recognized and that the balance is updated in the official system. Avoid accepting a private payment unless it’s formally approved; otherwise, you could face disputes later about whether it counts toward his obligation.      ... Read More
If the child support case is being handled through the Nevada Child Support Enforcement Office, any payment made outside the system (directly... Read More

What do I do

Answered 4 months ago by attorney Mr. Christopher Adkins   |   1 Answer   |  Legal Topics: Child Custody
If the child’s mother has filed for custody and child support in Missouri and you believe she lied about her address or other facts, you should respond carefully and through the proper legal channels. If you were served, you’ll need to file an answer with the court before the deadline listed on the summons—otherwise, the court can enter a default judgment against you. If her address is false or you believe the court doesn’t have the correct information about the child’s residence or custody history, you can raise that in your written response and at the first hearing. Missouri courts make custody decisions based on the child’s best interests, so the judge will need accurate information about who has cared for the child, where the child has lived, and each parent’s involvement. Gather any evidence showing that she has not been the primary caregiver or that her claims about the child’s living arrangements are false. If you’re unsure how to file your response or gather the right documents, contact a Missouri family law attorney or your local legal aid office right away. They can help you respond properly, protect your rights, and make sure the court hears your side of the story.... Read More
If the child’s mother has filed for custody and child support in Missouri and you believe she lied about her address or other facts, you should... Read More
You’ll need to file for a formal custody order through your local North Carolina district court. Right now, because there’s no custody order in place, each parent technically has equal rights to the child, but the mother controls access by physical possession. Filing for custody allows a judge to set a clear, enforceable schedule and ensure your parenting time is protected. Given what you’ve described—your child’s mother’s DWI and child endangerment conviction, active probation, and recent mental health crisis—a court may find that it’s in your child’s best interest for you to have primary custody or, at the very least, unsupervised overnight visitation. Judges look at stability, safety, and consistent caregiving when making these decisions. You should start keeping detailed notes and proof of your involvement—receipts for items you buy, text messages, and any communications about visits. Then, contact a North Carolina family law attorney to help you file for custody and temporary visitation rights as soon as possible. Until there’s a court order, you don’t have an enforceable right to take your child for visits, so securing one is the best way to protect both your relationship and your child’s stability.... Read More
You’ll need to file for a formal custody order through your local North Carolina district court. Right now, because there’s no custody... Read More
This is a common but difficult situation. The divorce agreement may have assigned the home to your ex-husband, but that does not remove your name from the mortgage. The only way to be released from liability is through a refinance or payoff—which unfortunately didn’t happen. The lender’s contract remains binding until that loan is satisfied or refinanced in someone else’s name. Because your ex-husband has passed away, his estate (and possibly his heirs) is now responsible for the property. However, since your name is still on the loan, the bank can still report or pursue you if payments lapse. You may have a claim against his estate for failing to refinance as required by the divorce decree, but that’s something you’d need to address through probate or civil court. You should gather the divorce judgment, the deed, and mortgage statements, then speak with a North Carolina family law or real estate attorney. They can review whether the property legally transferred to his sister and what options exist to have you removed from the mortgage or to protect your credit and financial interests going forward.... Read More
This is a common but difficult situation. The divorce agreement may have assigned the home to your ex-husband, but that does not remove your name... Read More
Yes, a video can potentially be used as evidence in a Domestic Violence Protective Order (DVPO) case, but it must be properly authenticated—meaning the court has to be satisfied that the recording is genuine and accurately shows what it claims to show. If your wife didn’t record the video herself, she can still offer it, but the person who made the recording may need to testify to confirm when, where, and how it was made. Without that testimony, the judge might not allow it if there’s doubt about its authenticity or how it was obtained. That said, DVPO (50B) hearings often have more relaxed evidentiary rules than criminal trials, so judges sometimes admit video or text evidence if it appears reliable and relevant. You should consult with a North Carolina family or criminal defense attorney as soon as possible. They can review the video, challenge it if it was obtained improperly, and help you prepare your defense for the hearing. Don’t ignore the hearing date—having legal representation is critical in domestic violence cases.... Read More
Yes, a video can potentially be used as evidence in a Domestic Violence Protective Order (DVPO) case, but it must be properly... Read More

Can I bond out on Domestic violence charges?

Answered 4 months ago by attorney Mr. Christopher Adkins   |   1 Answer   |  Legal Topics: Domestic Violence
Yes — in most cases, a person can bond out on domestic violence charges in North Carolina, but there are special rules. After a domestic violence arrest, the accused is usually held for a mandatory 48-hour period or until a judge (not a magistrate) sets bond. This means the process can take longer than for other charges. If you haven’t yet turned yourself in, it’s important to contact a criminal defense attorney right away before doing so. An attorney can often arrange a safe surrender, verify whether a warrant is active, and help you through the bond process. Given your statement that you were the one injured and called 911, it’s possible there’s been a misunderstanding or cross-charge situation. That happens sometimes when both parties are accused. Bring all hospital records, photos, and any evidence showing your injuries and the events that led to the call. Once you’re released, your lawyer can work to have the charges reviewed or dismissed if you were actually the victim. The key is not to ignore the warrant — handling it through the proper legal channels is the best way to protect yourself and your record.... Read More
Yes — in most cases, a person can bond out on domestic violence charges in North Carolina, but there are special rules. After a domestic... Read More
That’s a very serious situation — what you describe likely qualifies as felony assault with a deadly weapon and possibly discharging a firearm into occupied property under North Carolina law. Shooting toward another person, even if no one is hit, is a criminal offense that can carry prison time. You and your family have several rights and options: Criminal charges: Law enforcement should investigate fully and, if the evidence confirms what you describe (such as the video footage), the shooter can be arrested and prosecuted. Follow up with the investigating officer or detective to make sure the case is being pursued. Protective order: If you fear retaliation, you can seek a 50C civil no-contact order (for harassment or threats) or ask law enforcement about immediate protective measures. Civil lawsuit: You may also have a personal injury claim for assault, emotional distress, and any medical expenses or trauma caused by the incident. Victim’s compensation: North Carolina’s Crime Victims Compensation Program can sometimes help with out-of-pocket costs related to violent crimes. You should contact a local criminal law attorney or personal injury lawyer as soon as possible to review the evidence and help protect your family’s rights. Also, continue documenting everything and cooperate with police to ensure the case moves forward.... Read More
That’s a very serious situation — what you describe likely qualifies as felony assault with a deadly weapon and possibly discharging a... Read More

I would like to get my dad out of jail immediately

Answered 4 months ago by attorney Paul Croushore   |   1 Answer   |  Legal Topics: Criminal Law
Sorry, without a lot more detail no one is likely to even know whether they can be of assistance. You might start with the five w's (who, what, when, where, and why). Kentucky is a large state, and it's criminal justice system has a huge number of jurisdictional and procedural elements. Without answers to those "w's" no one can help.... Read More
Sorry, without a lot more detail no one is likely to even know whether they can be of assistance. You might start with the five w's (who, what, when,... Read More
Denise,I’m sorry to hear about what you’ve been through. You should consider retaining an attorney on a contingency fee basis—meaning you pay nothing unless you win. As a Florida attorney, I’m unable to assist directly, but I’d be happy to refer you to a reputable firm that can help maximize your recovery. Please note that attorneys on this platform are not permitted to solicit cases. However, you’re welcome to contact one of us after reviewing our background and qualifications.... Read More
Denise,I’m sorry to hear about what you’ve been through. You should consider retaining an attorney on a contingency fee... Read More
For I-131/ I-765 applications filed after the I-485 has been filed, the proper address depends upon your home address as designated in the USCIS lockbox filing locations chart. The chart goes by your location rather than the three letter prefix of your receipt number. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
For I-131/ I-765 applications filed after the I-485 has been filed, the proper address depends upon your home address as designated in the USCIS... Read More

Switching from Consular processing to AOS

Answered 5 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Unfortunately, the US immigration system does not work like this. If the dependent is overseas and the principal wishes to adjust status in the US, the principal must file for an I-824 Application for Action on an Approved Application or Petition to allow USCIS to send a copy of proof of your adjustment of status so that your spouse can begin the consular processing. There is no simultaneous processing of adjustment and consular action. The dependent is usually able to interview and come over within a year of the principal’s approval as long as there is continued visa availability. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
Unfortunately, the US immigration system does not work like this. If the dependent is overseas and the principal wishes to adjust status in the US,... Read More
This appears to be a confusing question as no one is designated as head of household where there is a jointly filed tax return. Perhaps the correct answer is the individual who is making the most declared income or the individual whose name appears first in the joint filed tax return. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
This appears to be a confusing question as no one is designated as head of household where there is a jointly filed tax return. Perhaps the correct... Read More

H-1B Transfer Question

Answered 5 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
There is new guidance on the USCIS website section on H-1B’s that spells out the $100,000 fee only being applicable to new petitions filed on or after September 21, 2025. Persons and companies doing H-1B transfers where the initial H-1B petitions were filed before September 21, 2025, are not subject to the fee. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
There is new guidance on the USCIS website section on H-1B’s that spells out the $100,000 fee only being applicable to new petitions filed on... Read More
Hello Terry, Since you are aware that you have a Statute of Limitation issue, you should contact your present lawyer, or if you do not have one - consult with one asap. Do not delay!
Hello Terry, Since you are aware that you have a Statute of Limitation issue, you should contact your present lawyer, or if you do not have one -... Read More
Sorry to hear about your loss. My condolences. Yes, even if the wrongful death case is not related to the pain and suffering case, a lawyer can represent you as the surviving beneficiary of the decedent and bring an action against the party responsible for the wrongful death of your husband.... Read More
Sorry to hear about your loss. My condolences. Yes, even if the wrongful death case is not related to the pain and suffering case, a lawyer can... Read More
If they claimed to have mailed it then you will likely need to wait a but, possibly a week or so to see if it shows up. Other than that the LL will need to re-issue the check and cancel the old check or you may need to retain a lawyer to file a lawsuit to recover the funds. 
If they claimed to have mailed it then you will likely need to wait a but, possibly a week or so to see if it shows up. Other than that the LL will... Read More

Personal injury

Answered 5 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
If the evidence establishes that the hotel was negligent in causing the damages your wife sustained, then she has a case against the hotel. Discuss with an attorney in the state of Arizona about contingency fee representation, which means she pays nothing unless she wins.     ... Read More
If the evidence establishes that the hotel was negligent in causing the damages your wife sustained, then she has a case against the hotel. Discuss... Read More

Am I in the wrong or can my neighbors take action

Answered 5 months ago by Pamela M. M. Holcombe (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal Law
IMHO, most of what is going on here is more issues of managing relations with your neighbors that may require practical rather than legal solutions, but there certainly are legal risks.  First, there will be some sort of city or county local ordinances on barking or nuisance dogs and/or noise ordinances, and you should familiarize yourself with them as neighbors may well make complaints to Animal Control or Code Enforcement, and there is a always the risk they could consult a civil attorney as to civil nuisance claims.  If you are renting, complaints to your landlord can easily result in the landlord deciding not to renew the lease and potentially in the landlord taking action prior to the expiration of the lease.  Finally, if you have neighbors who hate your dogs, you need to beware that if they accidentally get out, you are almost certainly going to be reported for the violation.  On the practical side of things, while you may know from the dogs conduct inside the house the dogs true temperament, all your neighbors know is that the the large dogs are of breeds that most people feel are dangerous and exhibit what the neighbors perceive as aggessive barking when both are in the back yard at the same time together.  As a practical matter, unless you are watching the dogs in the yard all the time, you have no first hand knowledge what is going on back there and if your response to neighbor's concerns is that they are lying, when they could be telling the truth, this is making things worse and not better.  If you are leaving the dogs outside for hours when you are not at home, it is always possible they are barking for longer periods.  No matter what the issue, it is always a bad thing to be involved in a hostile situation with your neighbors and it is well worth going the extra mile to keep things "neighborly" in the long run.  Possible solutions involve introducing neighbors to the dogs in a neutral situation, asking them nicely to go outside at a time when you can observe the dogs and what they are doing, even putting cameras in the yard so you can monitor dogs behavior, and finally making sure your fence is absolutely secure and there is no possibility the dogs can jump the fence.  Finally, as the owner of several Pitty/Staffy mixed breed rescue dogs, I know how sweet their natural temperaments are, but they have a terrible reputation, IMHO mostly resulting from by cruel and neglectful owners who mistreat and abandon them and/or good hearted but inexperienced folks who fail to appropriately train and socialize them with other dogs.  Good owners can be breed ambassadors by making all interactions with their dogs an opportunity for folks to see their true colors and sweet natures.  Best of luck.        ... Read More
IMHO, most of what is going on here is more issues of managing relations with your neighbors that may require practical rather than legal solutions,... Read More
I am sorry to learn of this difficult situation, however, under Florida law, the veternarian's office has an absolute obligation to provide you with your pets' medical records.  Florida Statute Section 474,2165(3)provides that "Any records owner licensed under this chapter who makes an examination of, or administers treatment or dispenses legend drugs to, any patient shall, upon request of the client or the client’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered."    This means the records must be provided regardless of whether or not there is an outstnading balance due for vet services, but the vet's office may charge for the reasonable cost of producing the copies.  The full text can be found here: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0474/Sections/0474.2165.html    Since things have apparently become heated between you and office staff, it is prudent to make the request in writing, send it via certified mail, return receipt requested, and advise of the email address for electronic copy and physical address for paper copies.  It is also possible for any new vet's office to directly request the records from the former vet.  Best of luck.... Read More
I am sorry to learn of this difficult situation, however, under Florida law, the veternarian's office has an absolute obligation to provide you with... Read More
You would need to read the charging document to understand what is going on. Many times the DA overcharges but then drops some charges during plea negotiations. 
You would need to read the charging document to understand what is going on. Many times the DA overcharges but then drops some charges during plea... Read More

Equine contract

Answered 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a lawyer, at some expense, to review what you signed and the circumstances and work with you to figure out what options you have. There is no "YOU" doing anything at this point as you can already see the results of your "self lawyering" and there is no reason to expect you to make better choices to fix this issue. ... Read More
You will need to retain a lawyer, at some expense, to review what you signed and the circumstances and work with you to figure out what options you... Read More
I don't practice probate law, but I do know a probate lawyer in the state of Florida here that may be interested in helping you. Feel free to reach out. 
I don't practice probate law, but I do know a probate lawyer in the state of Florida here that may be interested in helping you. Feel free to reach... Read More
Before submitting a motion, an attorney has to determine whether there are viable legal grounds for the motion. When we talk about a motion to dismiss, this can include a number of different potential grounds, including speedy trial, facial sufficiency, or even in the interest of justice.    It is unclear by your post what specific grounds you believe the motion to dismiss should be submitted. Is there a specific reason that you believe your case should be dismissed on motion?    Sometimes, folks feel that a case should be dismissed immediately because there is insufficient evidence. This is unfortunately not necessarily the case - the evidence, and whether the District Attorney has sufficient evidence to prove the charges against you beyond a reasonable doubt - is typically an issue for trial. Without articulable, legal grounds for dismissal, a motion to dismiss may simply not be viable.  With that being said, these are issues that your current attorney should speak with you about. If you are unhappy with your current attorney, that is a separate issue in itself. While there are certainly some outstanding public defenders, there are also many public defenders who are not as great. When you are assigned a public defender, you unfortunately do not get to pick your lawyer - that is a benefit that you do receive when you hire one.    I hope all this information is helpful. ... Read More
Before submitting a motion, an attorney has to determine whether there are viable legal grounds for the motion. When we talk about a motion to... Read More

Is my sonโ€™s school responsible for his broken fibula?

Answered 5 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
You may have a case. The theory of liability would be that the school failed to supervise your child and as a result he suffered a serious injury. You should retain an attorney in your state on contingency fee which means you pay nothing unless you win. If you cannot find counsel, reach out to one of us privately on this platfoprm and we will help you find someone. ... Read More
You may have a case. The theory of liability would be that the school failed to supervise your child and as a result he suffered a serious injury.... Read More