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    Wednesday, January 3, 2018

    Legal Advice Announcing the winners of the 2017 Bob Boblaw BoBoLA Awards!

    Legal Advice Announcing the winners of the 2017 Bob Boblaw BoBoLA Awards!


    Announcing the winners of the 2017 Bob Boblaw BoBoLA Awards!

    Posted: 02 Jan 2018 04:19 PM PST

    Update: Still homeless

    Posted: 03 Jan 2018 06:17 AM PST

    I went to the police station yesterday, and the cop I spoke to basically said that they can't force my parents to take me back even if I am underaged. He gave me some information on resources for runaway youths and sent me on my way. I called my parents, and tried to apologize, and promised to just major in what they want. They rebuffed me, and told me it was "too late". The people are the homeless shelter seem nice but don't really know what they can do to help me, I know that sounds weird. Like, they give me the immediate necessities to help me survive day to day but when I ask them if they can help me get a place to stay permanently or a job, they smile nervously and just change the subject. Anyway, I wanted to thank the people here for their help and kind words. I will write another update if/when circumstances change.

    Edit: I appreciate many of the kind words and offers being given to me, but I would prefer not to accept any gifts or places to live at. I am more comfortable at the shelter than I think I would be in someone else's home. Please, I would like no more PMs sent with these offers. Thank you!

    submitted by /u/DesigningChi
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    I'm being sexually assaulted in my workplace by a customer repeatedly and my employer refuses to do anything

    Posted: 03 Jan 2018 06:30 AM PST

    I work in a large chain of gyms in Ontario Canada as a front desk associate. Basically I scan key fobs and help people with any problems they have with their membership. I really cant leave the desk often so I'm very confined to one space. Recently a member has been coming up to me saying stuff like "you are the sexiest man ive ever seen." "when I'm alone at night I think about you and miss you very much." and even more explicit things. Hes asked me to go out with him, to visit him at his condo, and even offered to pay for sex with me. Ive told him multiple times to please leave me alone and I've documented everything verbatim. My manager emailed head office for a response but its been close to two month and they have not taken any action. Mostly my co-workers make jokes about me having a boyfriend. Is there anything I can do to stop this? I feel like because I am a man this isn't being taken seriously.

    submitted by /u/6ixdxxp
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    Update: Is this sexual assault and stalking

    Posted: 03 Jan 2018 10:27 AM PST

    Thank you to everyone for your responses to this post: https://www.reddit.com/r/legaladvice/comments/7km9sw/is_this_sexual_assault_and_stalking/

    I thought I would give an update. We filed a police report but our child did not want to file charges. We requested that the police talk to the man (who is 30 years old) and tell him to never talk or come near our child again. The police did so and this man has left her alone so no restraining order was needed.

    I also notified the club she washed dishes at. I spoke with the manager who apologized and said the man would be fired and banned from the property. Days later, the manager was fired from her job. She told me it was because of how she handled the situation. I asked her if my child was safe to go back to work and she stated she didn't know. The safety of my child is my priority so she will not go back back to work there. We have no interest in a lawsuit with the club but it has changed my opinion on the Elks Club.

    As for my child, I have suggested counseling for what happened. She has refused that but she will be taking a self defense class. I also remind her that she is not responsible for how people feel when it comes to her body and her comfort level. For parents, this is very important to remind your children.

    Again thank you for the help and kind words.

    submitted by /u/Hahe77
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    (Pennsylvania) Neighbors are repeatedly calling state police because my Siberian Husky is spending part of each day outside this winter.

    Posted: 02 Jan 2018 05:16 PM PST

    My neighbors are self proclaimed animal rights activists and have called the state police twice in the last four days to report me for keeping my dog outside. My dog is a Siberian Husky who loves to play in the snow. He has a 100 foot run with a dog house on both ends and straw in each. However, due to the weather, he has only been spending 4-7 hours each day total outside the past few weeks and never overnight. We have had problems in the past from these neighbors and are usually good for at least one visit a year from either the local ASPCA or State Police.

    The first time the State Police came this year, the officer told us he thought the call was ridiculous, but he had to check the living conditions of the dog anyways. He found no problems. Three days later, another officer came to my home and told us that the caller said that "The dog has been chained to a tree for the last four days". He is never chained to a tree and he was even inside the house when the officer arrived.

    Is there any way that I can stop my neighbors from harassing me with false reports all winter?

    Edit: People have asked for pictures of doggo. https://imgur.com/a/WkZ2y

    submitted by /u/Crispante
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    Employer says less than 50 employees to avoid a lot of employment laws... But we absolutely have more than 50 employees

    Posted: 03 Jan 2018 11:43 AM PST

    I work for a mid sized company run by a family in CT. They deny us a lot of benefits that go to companies with over 50 employees. However, we have at least 50 people alone in the office plus the people in the field. I believe they sprinkle the employees across several different businesses to say they're in different companies. What happens if I report this? Who would I report this to?

    submitted by /u/SuperLostPeanut
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    Warehouse behind me emitting constant high pitch noise!

    Posted: 03 Jan 2018 07:57 AM PST

    There is a warehouse directly behind my house (20-30 yards). I believe they make trailer/semi parts. I've been here since August and it's been fine apart from the occasional third shift guys playing some loud bass on their breaks at 2 or 3 a.m.

    However, on Christmas or Christmas Eve, the warehouse started emitting a constant high pitch noise...at first I started walking around my shed and neighbor's houses, thinking an alarm was going off somewhere... After realizing it was coming from the warehouse, I shrugged it off, figured it would pass, and went to a friend's for the holiday...

    A week and a half later the sound has not ceased! I'm going insane! It's like having tinnitus (Which I've made others come over to confirm the sound so I knew it wasn't me!)! It stops for brief periods, but is going 80% of the time now!

    Is there some sort of legal action or help I can get? Surely this is noise pollution, right? It wasn't happening before.... It's to the point of causing physical illness...nausea, migraines, insanity.... What can I do?

    Edit: Location - north of Dallas, TX

    submitted by /u/longneckedcows
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    (TW/NSFW) I was raped by my uber driver

    Posted: 03 Jan 2018 12:36 PM PST

    (i've been struggling trying to figure out which subreddit to post this in but this one seems most fitting let me know if otherwise)

    I was raped by my uber driver on new year's eve.. I vaguely remember because i was so extremely intoxicated and incoherent but what i do remember is him going off route, pulling over, and next thing i know my pants are down and he is giving me oral. Im not sure what i said or did to make him think that was okay but since i've come to and realized what happened to me it has shaken me and made me feel really sick and disgusting and conflicted as to what steps i should take in reporting him. I would like to remain anonymous and ABSOLUTELY do not want my mother to find out but i am just so conflicted. Any advice helps thank you.

    edit: i am F/18 and from the U.S

    submitted by /u/throwawayy012567
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    Grandmother passed away. Landlord is giving us two days notice to get everything out. Can he do that?

    Posted: 03 Jan 2018 10:20 AM PST

    My grandmother passed away recently. She was on disability and that is what was paying her rent so January rent has not been paid. Her landlord told us today (1/3) that he was changing the locks on Friday (1/5) and that we needed to have everything about before then. That doesn't seem like enough time for ya to get everything out and I'm wondering does he have to give us more notice before he can change the locks. This is in Ohio. Thanks for any help!

    submitted by /u/ups_drug_dealer
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    FMLA discrimination and retaliation advice needed.

    Posted: 03 Jan 2018 09:45 AM PST

    Edit: Work and live in Salt Lake County, Utah.

    I work for a large corporation and was recently "reassigned" due to trumped up claims, outright lies and negative comments in performance reviews by my manager that all started shortly after being on FMLA leave.

    More background. I am a salaried employee with a very cyclical, one week is busy (60-70 hours) next is very slow (lucky to fill 35 hours). One reason for my "reassignment" was specifically attendance. Being salaried I had use of a company laptop and on the busy week would do several hours of work from home.

    The first critique for attendance came about two weeks after returning from FMLA leave following my sons birth. My son was struggling (diagnosed failure to thrive) as well as my wife (post par-tum depression) and I was working from home more then usual, while having to leave work for various Dr. appointments.

    Before taking leave I had initially requested just over a week, I later went back and asked for an additional week and was told no. I had time to cover over 7 weeks.

    When I was "reassigned" I asked directly (my bosses boss) what job responsibilities I had not fulfilled and was told of a couple vague, honest mistakes or system glitches - nothing specific. When pushed for specifics he said he would "get back to me" - a month later and nothing.

    Reported all this to HR and the began an investigation, I was given no updates and was only told the investigation had been finished but no details on the outcome. I also reported to our internal standards line.

    Spoke with a lawyer last night. He said it sounds like I have a constructive termination case (totally different job with no upward potential vs. one with huge advancement potential as well as a number of different factors) and most likely an FMLA case but was not able to take the case on a contingent basis.

    I am hoping for a realistic idea of what to expect and possible next steps.

    Is this something where I can reach out to our HR Legal/General counsel department and say "if this isn't corrected I will have no choice but to secure legal counsel" or is that a bad play?

    Is this something an FMLA specific lawyer would normally do on a contingent basis? If worse comes to worse what would a payout look like? If the company comes back and says "here's $3,000 for your trouble" is that even reasonable?

    Thanks

    submitted by /u/MiksBricks
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    Manager of my work completely voids any hours after the shift ends.

    Posted: 03 Jan 2018 09:05 AM PST

    I work at a retirement home, i work with servers about the same age as I am and they also know that this happens. I have been working over here for almost a year. The shifts are for lunch and dinner and it only goes for 3 hours, in between we get a 2 hour break. Practically, a full day is only 6 hours for this job. It goes from 11-2 4-7. I dont even get a lot of hours, but if i go clock out later than 2 or 7 it doesnt even matter... I'm from California

    submitted by /u/auschitin07
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    (Philadelphia, PA) Legal ways to have abandoned cars removed from my street?

    Posted: 03 Jan 2018 09:26 AM PST

    So, long story short, parking around my apartment building is a nightmare. Making matters worse is the fact that there are (at least) 2 vehicles on my block that I know for a fact have not moved in months and yet are just sitting there, taking up a perfectly good parking space that could be getting used by a car that, yknow... actually gets driven.

    Im hoping there might be some way I can have the cars towed and/or impounded by the city. Or a private company. Or anyone, really, I just want these cars gone to free up the spaces.

    Does anyone know if there is a way to legally have abandoned vehicles removed from a public street?

    One has been parked right on the corner since at LEAST October. It could be longer, but that was the first time that I really took notice and was like "huh... this same van hasnt moved at ALL in a while.) In addition, it doesnt even have a license plate; instead, it has a paper temporary plate, which expired long, long ago. Theres a parking ticket thats been sitting on the windshield for several months.

    The other one has been in the exact same spot since I moved in... last summer. It has a tarp covering it and I have never once seen the thing move or anyone working on it or anything. Theres a 90% chance it doesnt have a valid registration or plates or anything on it, either.

    Since these cars havent moved in many months, would they be considered abandoned? Either way, is there a way to have them removed? (preferably at the cost of whoever is the registered owner. I dont really have any money to spare to pay for removal myself, even if theres a legal way I can do it at my expense.)

    submitted by /u/theinsanepotato
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    Wells Fargo stole my paycheck. What do i do? What agency do i file a complaint with?

    Posted: 03 Jan 2018 09:49 AM PST

    I have Wells Fargo and have been depositing my checks with them for a year. They stole my last paycheck, claiming it was double deposited. The personal banker I talked to at my branch couldn't even find the record of the check being deposited twice. So she called some number she asked for clarification and said someone would be emailing me the details. The exact check that was deposited twice. It's been a week, haven't heard anything. They stole over a thousand dollars and refuse to give it back or show proof of it being double deposited. I know it wasn't. I also haven't ever cashed a check so that's not possible either.

    What consumer agency do I contact now?? There are so many.

    Edit: I mobile deposit my checks with the app. Take a picture of it front and back basically. But I never cashed any. It's not direct deposit.

    submitted by /u/kotnm
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    Samsung Premium Care won't cancel service

    Posted: 03 Jan 2018 09:48 AM PST

    I live in FL and I bought a Samsung Galaxy S8. I signed up on a 1 month free trial for their 'Premium Care' which is supposed to be some sort of phone insurance. I forgot to cancel the trial and so they charged me one month. I called them to request cancellation, and I was told the request for cancellation was submitted and I did not have to worry anymore. Next month, I see a charge again. I call them and they say the request is still being processed, and that they will submit another request marked as urgent. I tell them I also want a refund for the charges made since I requested the first cancellation. Next month, they charge me again. I call them up and its the same story, operator says there's nothing she can do. I called my bank and they reviewed the case for 3 months, and said that they could not stop payments since on the terms and agreements says that only way of cancelling is by calling them, which as I mentioned above, I did, 3 times. I do not know what to do. Should I seek legal advice?

    submitted by /u/MrGratefulPeanut
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    [Queensland Australia] I was offered cash to kill someone

    Posted: 03 Jan 2018 05:10 AM PST

    I'm trying to be vague as possible. I don't do drugs or really any illegal stuff, however I've grown up in a fairly shady area where I sort of "know" drug dealers, petty criminals, and stuff. Occusationally I got to house parties and stuff where I encounter them, we have no issues so we tend to be civil with each other. In the past I've had police investigate and harass me due to socialization with these people.

    I used to work in the meat works and slaughter yards when I was younger, I also hunt, and have a gun license. The point of mentioning this is because I was talking to this guy who's "sells" and is a major tosser. He was complaining about this chick who owes him a lot of money and now the debt is really high, I went to school with the chick and don't like her so I mentioned I understand the issue.

    He then switched where he wants to "make an example" of her, offered me some good cash, then when I said Im not going to prison for her he devised this stupid plan where he basically delivers the chick to me, I shoot her in the head, then cut her up, throw away most of her, while he also wants to send bits of her to the other people who apparently owe him.

    Now I don't know if this should be taken seriously because he's a wannabe gangster, yet if I was to take it seriously I'm concerned if I tell the police they're just going to snub me, arrest me, or the word gets out and I get found out for saying something then it falls back on me. This can now cause a lot of issues and I don't know what to do.

    submitted by /u/Nahforanah
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    (New York) Ex-bc threatening parents in another state (Delaware)

    Posted: 03 Jan 2018 07:10 AM PST

    I have an order of protection against my ex-boyfriend that expires this year. Recently and unexpectedly, he began harassing my parents over the phone from private numbers, but leaving voicemails that are identifiable as from him.

    My mother did make a police report, but the state police say they can't do anything as he is calling from NY.

    I have attempted to make a report against him harassing them before (during the initial period of harassment in 2016 that resulted in the OoP and a misdemeanor conviction—ultimately that conviction was the result of his threatening me and a friend in the city), and was turned away from the NYPD, who said that my parents had to make the report.

    However, one of the voicemails tauntingly mentioned that he knew I had moved and then mentioned the borough where I moved, so I feel directly threatened at this point. What can I do? He is escalating, calling more and more often, and I am frightened at this point. I worry that he will find my new address if he hasn't already and will do something violent.

    submitted by /u/Kdkdkdkdkdkds
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    How does product liability law work for products imported from China?

    Posted: 03 Jan 2018 08:53 AM PST

    I'm stripping this of details and using a throw-away. Here's the deal: someone in Alabama purchased something we'll call item A. Item A is labeled and supplied by an American company based in California. When Item A arrived, it included both Item A, and Item B. Item B was manufactured in China, by a Chinese company.

    Item B was the origin of a fire.

    The odds of successfully suing a Chinese company seem very slim. The attorney involved also seems to think that the California company that produced Item A can't be legally responsible for a fire originating from Item B, even if they sold Item B in the box with Item A.

    I have trouble believing there could be a hole that big in the law. Is there really nobody that can be held responsible for the damages?

    submitted by /u/TossableUsernameFire
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    How to respond to request for admissions letter?

    Posted: 03 Jan 2018 09:11 AM PST

    Location - Texas

    My family owns a small business that's being sued. Until several months ago, the lawsuit had been covered by insurance until the insurance company was liquidated, so we have no lawyer and couldn't afford a different one.

    We recently received a letter from the plaintiff wanting us to "ADMIT OR DENY" three questions - admit that the business has no insurance coverage, admit that it is insolvent, admit that it can't pay if there is a monetary judgement against the business (it's a corporation).

    Attached was also an amended petition.

    How should we respond to this letter?

    submitted by /u/marinaasomething
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    Father got my sister (14) pregnant and friend's mom wants to go to the news about it. Can my sister keep the baby, will we get taken away from him, and how do we keep our identities out of the news?

    Posted: 02 Jan 2018 02:22 PM PST

    State is CO. My sister (14) is pregnant and wouldn't tell me who the father is. We have not told our father at all. She finally broke down and told me our father has been raping her for the last four years. I absolutely believe her because it was happening to me to. Our parents divorced when I (17) was three years old and we haven't seen my mom at all. We were always told she was deep into drugs, but my father is really manipulating so I'm wondering if that's true now.

    We are wondering what happens if she admits to the doctor that our father is the father of he child. I'm assuming they can DNA test it to prove eventually. If he goes to jail as our only caregiver, what happens to us? I know he's a piece of shit but I don't know where else we can go??

    Also, can she keep the baby? She really wants to right now but I can't imagine that is healthy and I don't know how she would take care of it with our father in jail. Will the hospital take it away because it's incest?

    The other part of this legal question is about the news. I made the mistake of confiding the whole thing to a friend, who told her mom. Her mom won't stop contacting me that she's going to the news because "the community needs to know what he did to you guys."

    Neither of us have any desire for this to get in the news. I feel like if we get identified it will just further ruin our lives. I've told her this so many times but she keeps pushing me to do an interview with the local news. I've never liked her, I think she's crazy and manipulative too and just wants to be in the spotlight for a few minutes of fame for being our "rescuer".

    How do I make her stop legally? Can I legally force the local news to not do a piece on us????

    submitted by /u/kiwimelongurl
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    Dad might go to prison if my family doesn't pay on time for his heart surgery.

    Posted: 02 Jan 2018 08:34 PM PST

    My Dad; a 58 year old US citizen with health insurance has family in Mexico he went to visit with my younger sister in her twenties for the holidays. He had a stroke, and needed to be taken to the hospital in Mexico named Santa María Chapalita. As the title suggests we were told by my younger sister who is with my dad, that if we don't pay within the week the ~$50,000 quantitative amount for his heart surgery of a replacement valve fully, he will be detained in prison at Mexico after they are successful with the operation. I am assuming then I would need to bail him out for more money? My location is in the USA at Upland, California. My dad's exact location is right now at the hospital "Av. Niño Obrero 1666, Chapalita Oriente, 45040 Zapopan, Jal., Mexico". The insurance company told us they cannot help us unless we come up with the money ourselves which then they would pay us back the amount for the operation over there. I am seeking any legal advice on this ongoing event, any advice if he would in fact go to jail, and how to get him out if he is still alive;hopefully. We started a gofundme page but I'm not sure if I'm allowed to link that here, so I guess I won't. Edit: A new clarification came up that the hospital does in fact now want the money before they do the operation, we are nowhere close to paying that amount will they just kick him out? I'm going to try calling the embassy if we can still transport him over here.

    submitted by /u/Payback22
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    Developer of my new house told me my cracked window was not a settling issue but that it was "shot with a bb gun or something"

    Posted: 03 Jan 2018 11:21 AM PST

    I woke up a few weeks ago to find my large garden window basically shattered (Image). I am still within my one year builder's warranty so they came out to take a look and said it looked like vandalism (someone shot it with a bb gun or threw a rock or something). This didn't sound right to me because there wasn't any kind of impact mark on the outside (hard to tell from the picture), it just looked like the window cracked during settling. They put me in touch with the company that would provide a replacement and they want to charge me around $500 with labor to replace it.

    Basically I'm trying to find out what my options are. Is there any type of third party that can review whose opinion the builder would have to reconsider for warranty purposes? If I found any evidence would it be worth taking to small claims (I live in Georgia)? Thanks for any help.

    submitted by /u/tehjoenas
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    [Mississippi] Meaning of age of majority, want to move out at 18.

    Posted: 03 Jan 2018 09:30 AM PST

    Hi, I turn 18 in a few months. I was looking to move out of my parents' house and go live with my brother in California. Our relationship is not great and I would really like to leave. It is not abusive. My parents are religious, racist bigots and I try not to be. Anyways, when looking up laws related to this, I came across the fact that I would still be a minor. I have some questions related to this. I consulted this website http://statelaws.findlaw.com/mississippi-law/mississippi-legal-ages-laws.html. There are some things I can do at 18 and I have some questions about it.

    1) If my brother brought an Amtrak ticket for me to move to California, could he be charged with any crime? Maybe laws against child abduction across state lines? Idk...

    For the next few questions, suppose we assume that I get the money to get an Amtrak ticket on my own through some under the table job.

    2) If I move to California and my brother adds me to the lease he has with his landlord, can I legally sign that lease and be a part of it? I notice that at 18, according to the website, in Mississippi I can legally be in a contract, so I am not sure if this would cause any trouble. My brother is personal friends with his landlord, so getting on the lease is not an issue (confirmed this with landlord as well). My brother has generously offered to loan me money for a few months until I can get on my feet.

    3) If I move to California and I have this lease, can I say I am an adult in the legal sense? Age of majority in CA is 18.

    4) Can I open a bank account in California or Mississippi when I am 18 without my parents' permission?

    5) If I am in California, can a credit card company deny my application solely because I am 18 and perhaps not an adult by Mississippi law?

    6) When I move to California, at the age of 18, would I be obligated to attend any high school?

    7) If my parents want me back in Mississippi, can the police in California make me go back?

    8) Can I apply for a job in California when I am there at the age of 18 without parental permission?

    Edit: some clarification on circumstances. Edit2: some more clarification on circumstances

    submitted by /u/Mississippi_sucks1
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    My junk car has been impounded, do I have to pick it up?

    Posted: 03 Jan 2018 09:44 AM PST

    My car has been impounded because I parked too long in the HOA's guest parking. I live in a place that's an hour and a half to the closest junk yard and my car wouldn't make it there if I tried. What would happen if I just refused to pick up my car? I've already paid the towing fees.

    Edit. This is in Jackson Wyoming

    submitted by /u/Nsekiil
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    Girlfriend owes 30k+ in parking citations after not driving the car over a month while she was on vacation

    Posted: 03 Jan 2018 01:59 PM PST

    Hi I wasn't sure if this was the right sub reddit or not but I figured since it can actually have legal ramifications then it might be worth a shot. My girlfriend just got back from her month-ish long vacation to Mexico and realized that she had over 30k in parking citations for blocking driveways, expiring time on meters, speeding, etc. The thing is that her car hasn't been moved or used since she left it parked in her drive way when she left and the license plates been getting cited all over the city and even as far out as Texas. She went to the city parking violations bureau and they told her to go to the city of the citations. She's not sure what or how she's going to be able to handle this since she literally has to go to Texas for one of them and doesn't want to be arrested for something that HAS to be a mistake on their end. Any advice?

    submitted by /u/Xenthist
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    (New York) Violent older brother is being released from prison soon and claiming that he plans to move back into the home we grew up in, which is where I live

    Posted: 02 Jan 2018 01:53 PM PST

    Apologies in advance for the missing/vague details, but for most of my life my family has basically acted like this brother doesn't exist. As such, I only have a rough outline of the stuff that happened when I was really young, so hopefully I am not missing anything particularly relevant. I plan to speak to an attorney this week, but I don't want to lean on my mother for any more information than is necessary. She has been in poor health lately, and I don't want to stress her out.

    My oldest brother, John, was always a few steps worse than a nightmare for my family. I honestly don't remember much beyond constant screaming and fighting in my house when I was very young, but my middle brother (five years my senior) has told me bits and pieces, most of it involving John physically abusing my parents from the time he grew large enough to be able to take our father on. He spent high school at a residential school/treatment center, but came home for weekends and holidays. I know that he is diagnosed with a personality disorder, but I'm not sure of the specifics.

    In 2002, when I was eight and he was nineteen or twenty, John assaulted me because of an argument he had with our mother. It was pretty serious; I've still got some nasty scars on my head. Long story short, my parents told him he was no longer welcome in their home and called the police, but he left before they arrived. That night he hurt a homeless person pretty badly. I don't know the details but apparently it was a good deal worse than what he did to me. John was arrested the next morning, and has been incarcerated since, but is due to be released in March. My understanding is that he plead guilty to lesser crimes to avoid a trial.

    Adam went to see John in prison just before Christmas to get a sense of who he is these days, and to find out what his plans are for after his release. Apparently he intends to "move back house" claiming that he "has a right to his home" and "mom owes him." My boyfriend and I live in the house I grew up in, though it's still in my mother's name (dad passed in 2013). That said, for all intents and purposes, the house belongs to me. My mother moved Arizona after my father died, and Adam already owns a home, so it will be left solely to me when the time comes, and the value of the house will be taken from my inheritance and added to Adam's.

    Anyway, according to John, he's already told the relevant people from the prison that he'll be moving back here upon being released. I'm unsure of the mechanics here, as the extent of my experience with prison is knowing that the asshole responsible for my traumatic childhood is in one upstate. Now, it's a foregone conclusion that my mother won't agree to let him move into my home; to say that she wouldn't spit on John if he was on fire is putting it lightly. She has disowned him and does her best to avoid acknowledging his existence aside from occasionally expressing her belief that the stress of what he put our family through is directly responsible for my father dying of a heart attack.

    Anyway, the rational part of my brain knows that he isn't going to be able to just walk into my home and set up shop in his old room, but there's still some nagging anxiety in the back of my mind. Hopefully you guys can answer a few questions in a way that will either allay my fears or at least prepare me to handle this situation when the time comes. I know I'm going to sound paranoid here, but please bear with me. To be frank, I am terrified of my brother.

    1. Would it have been necessary for my parents to formally evict John upon his incarceration, or is such a thing implied by the fact that he received such a long sentence? If the former, while I am not 100% certain, I doubt my parents did so. In this case, would he still technically be considered a tenant in my home, even after more than a decade and a half, and if so, is there a way for me to file for eviction in advance?

    2. If he DOES somehow gain entry to the house (breaking in while I'm not home etc), will the police be more likely to remove him from the premises or consider it a civil matter? Is there anything specific I should do to protect myself if he tries to force his way in?

    3. I hate to even think about this, but as stated earlier, my mother's health is not the greatest these days. She has explicitly written John out of her will (she is actually leaving him a toilet brush, as the fight that led to all of this was over his refusal to clean the bathroom). Both of my parents were rather successful financially, and my mother's estate will be rather valuable. Does John have a leg to stand on if he wants to contest the fact that he was disinherited? If so, would this be likely to extend specifically to the house, or just a percentage of the estate? I hate the idea of him receiving any of my mother's money because I know it would make her sick, but if not putting up a fight and letting him have a share can remove any potential interest he has in the house, I think my whole family could live with it.

    4. Is there a specific type of attorney I should consult about this? I want to do everything I can to protect myself and my boyfriend, but this whole situation is surreal and I am really not sure which way to turn.

    Thanks in advance for any help you can offer, and I'm sorry that this turned into a bit of a novel. My nerves are a touch frayed right now and I'm finding it difficult to put my thoughts down in a concise manner.

    submitted by /u/terrifiedofmybrother
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