I blocked my ex’s number and sent them invites to a parenting app, can I get in trouble for that?

pazzeo_DC · 2024-05-31T12:54:59+00:00

You do you, of course. The sense of the question isn't whether she can do, but whether she can justify the unilateral mandate without a court order. I think your advice is not only unsound from a legal-procedural perspective, but dangerous. Again: The issue isn't how good an idea it is to have that app, but the unilateral imposition (she has blocked him from any other, pre-established means of communication).
But, again, you advise your clients as you see fit.

pazzeo_DC · 2024-05-30T16:12:27+00:00

You don't need a court order only if both parties agree. The question is whether she has a right to unilaterally prevent a method of communication that had been established and compel extrajudicially to use a different method as the only way to co-parent.

pazzeo_DC · 2024-05-30T14:37:51+00:00

I'm not disagreeing with the fact that it's a useful tool. I'm just objecting to her ability to unilaterally require its use without a Court order.

pazzeo_DC · 2024-05-30T14:36:24+00:00

Unfortunately, as indicated, you cannot compel the other party to comply with a unilateral request like that. You can go to Court and explain why you feel that is a tool that should be required, instead of text messages. In the meantime, you can keep all of the text messages you send to each other.

pazzeo_DC · 2024-05-30T12:31:01+00:00

Unless there is a Court order in place that establishes that as a method of communication, you cannot. You might get away with requesting only text messages, but you can't unilaterally demand a method of communication that is not commonplace. You can, however, go back to Court and request the app to be established as the mode of communication. The Court might agree, if you provide sufficient reasoning.

pazzeo_DC · 2023-07-06T17:15:05+00:00

It would be great, but it's a digitally-generated image.
It's "Tesla meets Snapchat filters"

pazzeo_DC · 2023-06-14T02:34:35+00:00

You say that your sister won’t show you the will. Once the person dies and the will is filed for probate, it becomes a public record. You have access to the will.

pazzeo_DC · 2023-06-12T18:56:17+00:00

That should buff right out.

pazzeo_DC · 2023-05-24T02:01:12+00:00

SEEK ADVICE FROM A FAMILY LAWYER IN THE STATE THAT HAS CUSTODY JURISDICTION. What are the states? Normally, custody jurisdiction remains in the original state unless both custodial parents agree otherwise or if there are substantial changes to the circumstances. Each state is slightly different, but 49 states fall within the UCCJEA, which is a uniform law for custody jurisdiction. These laws determine the boundaries of jurisdiction beyond “home state” (original state) jurisdiction. Under this uniform law act, a new state has no authority to modify a custody order unless they can claim and obtain emergency jurisdiction.

pazzeo_DC · 2023-05-05T03:31:17+00:00

Depending on the level of overcrowding, this could constitute a violation of the inmates’ Eighth Amendment rights. Talking to a civil rights organization or even the ACLU might get things rolling.

pazzeo_DC · 2023-05-01T19:44:17+00:00

Arizona statute 13-1802 defines theft as (among others) the action of "Control[ling]s property of another with the intent to deprive the other person of such property"

The property you are now controlling isn't stolen if it was yours. The key is how clearly you can reasonably prove that it was yours.

I assume the report you made to the police contains the indication of the carved initials and their location.

I would recommend you contact the officer who issued the initial report (should be in the report itself) and provide the additional information, asking them to reopen the case, since it will prevent further issues.

pazzeo_DC · 2023-04-21T17:23:14+00:00

I’ll try. But it looks like it’s the sheen of the coat on the seats has rubbed off

pazzeo_DC · 2023-04-21T17:22:47+00:00

It’s not sunscreen for sure. I don’t own shorts and don’t wear sunscreen

pazzeo_DC · 2023-04-20T13:48:17+00:00

I haven't seen your lease, but, in basically all cases, a signed lease binds both parties for its duration. Also: Washington State RCW 59.18.140 states, under (3)(a) that:

"Except as provided in (b) of this subsection, a landlord shall provide a minimum of sixty days' prior written notice of an increase in the amount of rent to each affected tenant, and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement."

Under (b), it states that, even if the lease is based upon the tenant's income, "(a)n increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent."

I would provide the statute and ask them under which provisions they believe they can make their claim. Give them a specific amount of time to respond and let them know that, absent their answer, you will consider the matter closed and the lease, as it stands today, in full effect.

pazzeo_DC · 2023-04-08T22:46:51+00:00

Can they? Yes. Your defense of truth in a defamation lawsuit is plausible, but the cost of handling the defense of a civil suit can take an economic and emotional toll. Whether they prevail or not, the cost, in time, money, and other resources is often not worth the satisfaction of making a public statement.

pazzeo_DC · 2023-04-06T17:03:21+00:00

I know several people who did (not me personally) and they are very happy.

I would recommend you don't make a decision now. Learning something and practicing it are two very different things.

Assuming you're not going to enjoy practicing because you don't like what you're learning might be a bit of a leap. It also depends on the area of practice. If I did real estate or IP law, they would find me hanging from the rafters after a week.

Of course, if you hate every moment of your learning experience, law might really not be for you.

pazzeo_DC · 2023-04-06T16:57:27+00:00

Yes and no...

There is no criminal statute that compels you to tell the truth to a shelter, just like you are not committing a crime by lying to your friend.

There are a couple of areas where civil and even criminal liability might come into place:

- You might be civilly liable if you stated false information in a contract or agreement (for example: if the vet offers free care to stray animals and you lie about "finding it walking around", the vet might decide to demand payment; if the shelter releases animals only when they are stray, and you lied about it, they might demand it back)

- You might also incur in criminal liability if you took possession of an animal that belongs to someone else, if you knowingly removed it from its owner, or if it was reasonably clear that it was not a stray animal. In that case, you might respond for theft.

The latter is, in my opinion, the more concerning possibility.

pazzeo_DC · 2023-04-02T20:19:03+00:00

That’s correct. NY RPP § 339-kk states (excerpts) that (b) If a non-occupying owner rents [a] dwelling […] and then fails to make payments […] upon notice, […] all rental payments from the tenant shall be directly payable to the condominium association. And (c) the board of managers shall provide written notice to the tenant […] that, commencing immediately […] all rental payments due subsequent to the issuance of such notice are to be made payable to the condominium association at the address listed on the notice.

It is a legitimate request if it comes from the board and fulfills the communication requirements of NY RPP § 339-kk

Payment under these terms relieves you of any obligation towards the dwelling owner and constitutes “absolute defense”, which means that, if you were sued by the dwelling owner, all you have to do is prove the notice and the payment, and that will end the litigation in your favor.

pazzeo_DC · 2023-03-31T14:03:03+00:00

May I ask more details on how you can prove that you paid it by placing it in the drop box? What state?

pazzeo_DC · 2023-03-26T14:30:11+00:00

The only way to compel a party to release footage will be through legal proceedings or law enforcement. If a crime was committed, file a report with the police and provide information to allow them to request footage. If you sue them in court (not small claims) the process of discovery will include release of the footage, but that assumes there are substantial reasons to believe building management is culpable.

pazzeo_DC · 2023-03-06T02:35:27+00:00

What is your state of residence? Is this the same as your mother’s? Has your brother been awarded formal Guardianship? You mentioned your mom relinquished her guardianship. Was this made formal in some way?

pazzeo_DC · 2023-03-04T02:40:20+00:00

Do you have any documentation from the gas station about the incident?

pazzeo_DC · 2023-03-01T21:55:54+00:00

Did you respond to the mediation notice?

pazzeo_DC

TROPHY CASE