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nm posted:The hard part if generally service. I highly recommend using a professional process server (or the police, if available in your jurisdiction). In Tennessee, the sheriff takes care of service for POs.
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Mar 15, 2012 12:46
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In addition to what was mentioned, most jurisdictions have entities which will do a PFA for you pro bono. You should call a Woman's Resource Center or Legal Center or similar.
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Mar 15, 2012 13:15
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https://www.laet.org/ If you are in east Tennessee, contact Legal Aid of East Tennessee at the link I gave. I assume similar organizations exist for the other grand divisions, but I deal with the east Tennessee variant. If you are in Sevier County there is a fair chance I represent your boyfriend on a related matter so I will not say anything else regarding this matter.
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Mar 15, 2012 13:37
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Spanish Inquisition posted:Back Story I agree with what others have said - contact a women's legal clinic if possible. Also, in regards to what is quoted - I think it's perfectly acceptable to slap a lying, cheating boyfriend.  (not a legal opinion, obv)
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Mar 15, 2012 14:59
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I have a quick copyright/IP question if anyone is game. I also know that copyright and IP law isn't the most straightforward but here goes: Some friends and I are putting together a radio-show podcast. The show itself is a fictional comedy with characters, storylines, etc. Obviously we would want to copyright the material for licensing, merchandise, whatever, but we still want the actual material (the podcast) to be freely distributable. My question is if we slap a Creative Commons limited license marker on the podcasts would we then still have to register with the copyright office and if so, would that negate the licensing protections granted under Creative Commons? Essentially, we want people to freely pass around the podcast without hindrance but still be able to sell merch and retain the characters, logos, trademarks, etc. What would be the best way of going about this? What's the benefit of registering with the copyright office?
SnatchRabbit fucked around with this message at 15:43 on Mar 15, 2012 |
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Mar 15, 2012 15:10
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You aren't REQUIRED to register with the Copyright Office, although you absolutely should do so. Creative Commons is a license, not a new form of copyright. It allows others to use your work in an approved manner so long as they abide by the terms. So yes, the process would be to register the copyright with the Office, then license your work under the appropriate license. It sounds like CC-BY-SA-NC would be a good license for you -- it allows the material to be distributable freely so long as you are attributed, and it is not used for commercial purposes, and it must be reused under the same CC-BY-SA-NC license.
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Mar 15, 2012 15:33
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Actually, for your purposes you'd probably want CC-BY-ND. The difference is that CC-BY-SA-NC allows people to make other works based on yours, including merchandise and such, as long as they release it under a similar license, but forbids them from getting any commercial gain. CC-BY-ND forbids people from making derivative works altogether, only permitting the original unmodified work to be freely distributed. CC-BY-ND-NC adds the requirement that they can't make money from redistributing your work. Trademarks are a whole other ball of wax that you probably don't need to get into unless you end up making serious money with this. Edit: I personally think that CC-BY-SA-NC and CC-BY-ND have some problems, and they are substantially more restrictive than a lot of creators intend. For example, if you make a translation of a CC-BY-SA-NC work, that's permitted, but putting it up on a website with advertising might be considered 'commercial'. Konstantin fucked around with this message at 16:26 on Mar 15, 2012 |
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Mar 15, 2012 16:15
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I read his post to imply that he wanted control of making money, but didn't want other people to do the same, hence the -NC suggestion.
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Mar 15, 2012 16:44
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-Stuff I shouldn't be posting on the internet Yeah, figured that getting a lawyer was going to be the answer but just wanted to make absolutely sure before resorting to anything. Thanks. Zeron fucked around with this message at 03:39 on Mar 16, 2012 |
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Mar 16, 2012 02:52
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Zeron posted:stuff I shouldn't be posting on the Internet If it's important to you to not have a misdemeanor on your record, get a lawyer
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Mar 16, 2012 03:04
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Please don't tell the police officer that something was unambiguously your fault
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Mar 16, 2012 03:12
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While we are on the topic of restraining orders and the like, I'll pose this question to you all. The mother of my ex-boyfriends' children has been harassing me via Facebook and telephone calls for the past three months - she doesn't know we are no longer together because I have never answered any of her messages. I kept all of the Facebook messages she sent me, including one that could be considered sexual harassment, as well as a screaming cursing voicemail claiming I put a "virus" on her Facebook (she is legitimately crazy.) I really just want her to leave me alone. Some of these messages are really disturbing, and since her ex is now also MY EX, she has no reason to keep harassing me. Is there a way to get her to be legally disallowed from contacting me? I know her full name, and the street name and town she lives in. I live in NY and she lives in MD. If I have no legal recourse, maybe I'll just post a thread of the ridiculous things she's sent me. Maybe if someone laughed with me at her psychotic behavior it wouldn't make me feel so targeted.
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Mar 16, 2012 06:18
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elisaaa posted:While we are on the topic of restraining orders and the like, I'll pose this question to you all. 1) If she's sending you disturbing messages on Facebook, block her 2) Aren't you the one that was bitching about dudes filming outside Starbucks and your first thought was to sue them? And you're talking about this woman being crazy? Edit: has this woman made any actual threats toward you or is she just being nutty? Incredulous Red fucked around with this message at 06:45 on Mar 16, 2012 |
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Mar 16, 2012 06:41
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quote:she doesn't know we are no longer together because I have never answered any of her messages. ... and since her ex is now also MY EX, she has no reason to keep harassing me. Do you really need the Internet to tell you that step 1 should be tell her you no longer have any contact with her ex and that you no longer want any contact with her either? She may be crazy as you say, but she's not loving psychic. Choadmaster fucked around with this message at 06:52 on Mar 16, 2012 |
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Mar 16, 2012 06:50
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Choadmaster posted:Do you really need the Internet to tell you that step 1 should be tell her you no longer have any contact with her ex and that you no longer want any contact with her either? She may be crazy as you say, but she's not loving psychic. Yeah, I mean, give her a chance to not be crazy. How hard is it to write "I broke up with him X months ago. Please stop contacting me"? And that's not legal advice, that's just basic social etiquette. The justice system is not a broadsword you need to wield against every enemy. It's like a Masamune that you only need to wield against Magus. And Lavos. And only when you're Frog. I hope this clears things up.
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Mar 16, 2012 13:39
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Incredulous Red posted:1) If she's sending you disturbing messages on Facebook, block her 1. I can't block her because she has me blocked, so her Facebook doesn't exist to me. She will unblock me long enough to send me a nasty message and then block me again. She also messages me from her friends' accounts, which I did block and report to Facebook. 2. I didn't want to sue them, I asked if there was any law against filming in a public place because I know they had been asked to not film INSIDE Starbucks before, so I was wondering if that still applied to them filming on Starbucks property but outside.
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Mar 16, 2012 22:26
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elisaaa posted:1. I can't block her because she has me blocked, so her Facebook doesn't exist to me. She will unblock me long enough to send me a nasty message and then block me again. She also messages me from her friends' accounts, which I did block and report to Facebook. Well that's absolutely bizarre then. I'd say you could talk to the police about it (just call them up and they'll have a patrolman/woman swing by to take your statement), but if you don't have a point of contact I don't know how much they can do for you.
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Mar 16, 2012 22:30
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elisaaa posted:1. I can't block her because she has me blocked, so her Facebook doesn't exist to me. She will unblock me long enough to send me a nasty message and then block me again. She also messages me from her friends' accounts, which I did block and report to Facebook. I had a similar issue with Facebook some years ago. Contact their customer support, give them her information, say she's harassing you, and ask them to block her.
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Mar 16, 2012 22:44
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Incredulous Red posted:I had a similar issue with Facebook some years ago. Contact their customer support, give them her information, say she's harassing you, and ask them to block her. I will do this, thanks. The Facebook messaged have stopped since she somehow obtained my phone number and now have been replaced with nasty voicemails and calls from a blocked number.
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Mar 17, 2012 00:39
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elisaaa posted:I will do this, thanks. I forget what jurisdiction you're in, but call the local PD non-emergency line and see what they have to say.
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Mar 17, 2012 01:15
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elisaaa posted:1. I can't block her because she has me blocked, so her Facebook doesn't exist to me. She will unblock me long enough to send me a nasty message and then block me again. She also messages me from her friends' accounts, which I did block and report to Facebook. I believe facebook has a 48 hour (or 72?) period in between being able to unblock/reblock someone, unless it was removed?
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Mar 17, 2012 02:53
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General question on UK employment and privacy laws. Personal Skype account on a work computer communicating with someone on a company skype account and the manager goes onto the computer and reads the history while I'm not at the desk but am logged in. There's no performance monitoring clause in the contract nor announcement of monitoring, my understanding is that the ECHR gives me an expectation of privacy even while at work and so unannounced reading through my conversation histories would be a no-no. Could anyone give me any indications on this or possibly useful information sources? Obviously anything said here would just be opinion and not any kind of legal advice as it's simply an interesting hypothetical situation.
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Mar 18, 2012 00:41
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Southeast Michigan Resident: I came home from a friends house around 6am to find my lights on, I notice a white powder blanketing everything and look into my kitchen.    So apparently this stove I have never touched decides to burst into flame, when I talk to the landlord they say it had to have been my fault even though I NEVER use the stove. Would mysterious stove fire be enough grounds to get me out of the lease, and would anyone know of how to find out the model of this thing (its a little hard due to the fire damage)? I know its a maytag and I see them in apartments everywhere
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Mar 18, 2012 06:28
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MrNemo: I'm a drat yankee, so in the US the phrase "expectation of privacy" generally applies to criminal searches. Meaning if the police looked through protected private material, they can't use anything they find as evidence against you. Your employer, however, can do whatever the hell they want if it's their computer. I performed some crackerjack legal research on the ECHR by way of the esteemed Wikipedia, and it's privacy section appears to only deal with government searches and laws. So the queen can't look at the extensive porn history on your work computer, but your boss can.
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Mar 18, 2012 07:39
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I do some work online. One of my employers recently told me that they can't offer me any more work because of "regulatory changes" (this may be bullshit, but my performance reviews have all been decent) and that I was welcome to reapply if I moved to an approved state. How much trouble would I be in if I were to simply tell them that I moved to another state? The work doesn't involve meeting with any customers or anyone from the company face-to-face, ever. I am not sure whether I could do this without committing some form of tax fraud, however.
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Mar 18, 2012 08:59
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woozle wuzzle posted:MrNemo: I'm a drat yankee, so in the US the phrase "expectation of privacy" generally applies to criminal searches. Meaning if the police looked through protected private material, they can't use anything they find as evidence against you. Your employer, however, can do whatever the hell they want if it's their computer. Thanks for the input Woozle, I think the expectation of privacy thing may boil down to them not being able to use anything they found through those sort of means in a legal manner (i.e. if you're snooping someone's browsing history without telling them you might do it beforehand and without good reason you can't use it as a reason for firing them). The ECHR stuff is written with governments in mind but, from what I've read regarding it, has been applied in a much wider public sense. Basically I would want to check if whether it's something that could be used as a basis for firing someone, ignoring the whole question of whether saying something impolite about someone else in the office to a single individual would constitute reasons for that.
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Mar 18, 2012 10:48
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Small Claims Court Question - Vancouver, Canada The facts. On May 22nd 2011 my apartment neighbour had a fire which caused the sprinkler system to go off flooding my apartment and several other apartments in the building. My wood floors were ruined and my baseboards were ruined. My strata insurance paid for damages and repairs to the walls but the new flooring and baseboards are coming out of my pocket. I have the information on who owned the apartment at the time and it was owned by an investment company and their tenants are the ones who caused the fire. Apparently the owner is still liable for this. My question. Should I try and contact the company and see if they are willing to pay me out for the losses before I take them to court? How much evidence do I need to have before I go to court? Evidence I can get: Fire department report of the incident Letter from my strata telling me to remove all of my flooring to avoid mold. The laminate wood flooring became totally warped from the water. Quote of costs to install flooring and new baseboards. Pictures of my new floor being installed.
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Mar 18, 2012 19:04
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The procedural and evidentiary rules at small claims court are really lax. They also stress mediation and settlement vrs. a more formal trial setting. Bring everything you think may be relevant. Small court rules are here, their more accessible site is here. You can also call the registry with any questions -- they may or may not be helpful, but in my experience they're pretty used to dealing with self-represented claimants, and may be able to offer some basic advice. Contacting the company prior to serving them with notice of your claim probably isn't a bad idea; you can see what their position is, and save yourself the filing fee if they don't want to fight about it. Don't wait too long to get your claim on the road though, eventually you'll run into limitation periods (2 years for most claims) (this is not legal advice, even though it's small claims you may want to hire a lawyer to represent you) hypocrite lecteur fucked around with this message at 19:40 on Mar 18, 2012 |
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Mar 18, 2012 19:12
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bleepstreet posted:Small Claims Court Question - Vancouver, Canada Couple of thoughts. First, not sure just what the strata insurance covers. Do you have a second policy for things like contents or accidents? Contacting the company can't hurt, but the whole reason you put property in a holding company is so that you can walk away from it if you end up with liabilities greater than the value of the property. Depending on how much damage was done, and how many people are suing, you may be trying to get blood from a stone. Re: evidence, you need to show three things. That they caused the fire, that it was negligent, and that it caused you damage. Not sure that there's any rule in BC that would make the owner liable for an act of god type scenario (like the oven catches fire randomly one day through no fault of the user). I'd chat with other neighbors and see if anyone else has looked into this already, it may save you some trouble. Schitzo fucked around with this message at 04:53 on Mar 19, 2012 |
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Mar 19, 2012 04:49
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I apologize if anything along these lines has been asked before, but this is an odd situation that my best friend finds himself in. He currently lives in a small house that is owned by his parents. He pays rent (the same ammount that they charge another person renting out a similar neighboring house), and has paid on time every month for the past 8-9 years. Recently, he and his parents have been arguing, and he is worried that they will kick him out of the house. As I understand it, he has no legal lease with them as this has just been an arrangement that all parties agreed to nearly a decade ago (there was a lease at the beginning, but it seems that it was never renewed). If they threaten to kick him out does he have any legal standing to refuse to leave? I think I know the answer, but I'm really hoping that he doesn't get screwed over and end up homeless. FWIW, the arguement is over matters completely unrelated to the conditions of the house (He's taking good care of the property)
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Mar 19, 2012 17:35
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What city/state does your friend live in?
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Mar 19, 2012 17:58
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I know the OP states this: "3. Are you a criminal defendant? Get a lawyer, and do not talk about your case here. This is a public space, and you do not want to admit to anything that you wouldn’t have told the cops already." I need a criminal defense lawyer for a DUI. I'm not going to talk about my case, but I'm just wondering how long it usually takes to get a response from a lawyer? I called one that came recommended by a friend and left a message this morning at 9:00; it's now 1:00 and they haven't called back. Am I an rear end for calling back today? I've never had to hire a lawyer before. Someone actually managed to get a chuckle out of me by pointing out, "St Patrick's Day was Saturday, any DUI lawyer's got their hands full today!"
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Mar 19, 2012 18:09
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CzarChasm posted:I apologize if anything along these lines has been asked before, but this is an odd situation that my best friend finds himself in. This depends on the state, but there's usually at least a short period for month-to-month tenants to collect their things and find new housing. If it comes to an actual eviction, that can drag on for months before the police show up at your door to throw you and your stuff onto the street, but it also leaves an ugly paper trail that will come back to haunt you when you try to rent anywhere else. Your state attorney general's office probably has a pamphlet about "Your Rights as a Renter" or something, and they or the state bar association can point you and your friend towards lawyers who can help and free/low-cost legal assistance for renters in bad situations if you can't pay.
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Mar 19, 2012 18:15
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Ashcans posted:What city/state does your friend live in? Space Gopher posted:This depends on the state, but there's usually at least a short period for month-to-month tenants to collect their things and find new housing. If it comes to an actual eviction, that can drag on for months before the police show up at your door to throw you and your stuff onto the street, but it also leaves an ugly paper trail that will come back to haunt you when you try to rent anywhere else. Thank you. I will investigate from the attorney general's office and see what I can find.
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Mar 19, 2012 18:34
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JacquelineDempsey posted:I need a criminal defense lawyer for a DUI. I'm not going to talk about my case, but I'm just wondering how long it usually takes to get a response from a lawyer? I called one that came recommended by a friend and left a message this morning at 9:00; it's now 1:00 and they haven't called back. Am I an rear end for calling back today? I've never had to hire a lawyer before. It's entirely possible that the attorney is in trial all day, or out of the office at hearings or client meetings. Most lawyers have a secretary who will schedule new client meetings though, did you just leave a voicemail? Call back and ask someone on his support staff to book you an appointment.
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Mar 19, 2012 19:10
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CzarChasm posted:Wisconsin You might want to start here. I am not a lawyer, but your friend should start by looking at the lease he originally had - even if it was never renewed, it might have provisions about automatic renewal or ending the tenancy that would still be relevent. If there are no provisions in the lease, it's probable that our friend would become a tenant at will - his parents would be able to ask him to leave provided they give him written notice with at least 28 days before the leave date. He can probably get a free or cheap consultation with a lawyer by going through the State Bar Association or a tenant's rights group.
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Mar 19, 2012 19:22
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e- eh on second thought kreayshawns talent fucked around with this message at 23:01 on Mar 19, 2012 |
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Mar 19, 2012 22:40
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entris posted:It's entirely possible that the attorney is in trial all day, or out of the office at hearings or client meetings. Most lawyers have a secretary who will schedule new client meetings though, did you just leave a voicemail? Call back and ask someone on his support staff to book you an appointment. Thanks for the reply. When I called I got a "we're on the phone right now" message and I'd left a voicemail. I called back around 3:30 and indeed, he had been out of the office all day and had just come back 15 minutes prior, according to his secretary. Would've been nice if the she had called back in the morning to tell me as much so I didn't spend the day on tenterhooks, but eh, I have an appointment for Friday now and can (sorta) relax.
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Mar 19, 2012 23:52
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Even after you've paid them, attorneys will often take like 24-48 hours to get back with you. Once he got back in the office, there was a line of 20 screaming people who were about to lose their house/child/freedom. That's not to belittle your issue being a critical thing in your life, but it's like an ER waiting room... of justice.
woozle wuzzle fucked around with this message at 01:32 on Mar 20, 2012 |
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Mar 20, 2012 01:29
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I just want to know if I have any legal leg to stand on...I am in Wisconsin. My husband and I have been living in a townhome for 5 years. We rent. The landlord is pretty unresponsive, but he usually gets things done. In the case of actual "emergencies" he is fast, but otherwise it takes a bit for us to contact him to get anything done. We live in a 4plex, and there are detached garages for each of the four townhomes. We had a new neighbor move into the place next to us in January. After he did, our electric bill doubled. All the units are separately metered, and we'd never had any issues before. We had been steady at XXX kilowatt hours per month for the past several hours, and as of January we are at 2(XXX) kwh per month. After speaking with the power company and turning off meters and trying things, we found out that our neighbors garage is someone connected to our meter. This would not be a big deal except our neighbor has a truck that he plugs in every night. The power company tells us the landlord needs to set the wiring up correctly, landlord has not been responsive with this at all (despite actually being an electrician). So, since we have all of our previous bills from the electric company showing that we were extremely steady with our energy usage for years, it is pretty easy to figure out the difference. Could we withhold the difference out of our rent every month and tell him to collect it from neighbor until he gets everything fixed? So far neighbor has been very cool about paying us the difference every month, but that doesn't seem like a path that should be continued down.
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Mar 20, 2012 01:47
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