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David Scott Bartos
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David Bartos’s Answers

94 total


  • Apartment management office accepted a package for me but never notified me it was in there. Are they responsible to notify me?

    I was concerned about a package I should have received so I tracked it to see where it was and saw that it was delivered to my apartment complex over a week ago. I called and they have it and when I questioned why I was never notified they said t...

    David’s Answer

    Yes, they have a duty to notify you. If they are accepting packages for you they create a bailment and keep the package in trust for you. If the item was time sensitive, they may be liable for any damages. If it was not time sensitive, the damages may be miniscule or nothing. To protect yourself and your packages, send a letter to the management asking them to not sign for any other packages.

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  • Can a victim of domestic violence who obtains a civil protection order be charged with violating her own protection order?

    Can a victim of domestic violence who obtains a protection order be charged with violating her own protection order?what are the chances of getting it modified we have 3 small kids together i feel he will message me eventually asking about our sma...

    David’s Answer

    Usually only the Respondent can violate the protection order, as you have not been ordered to do or not do anything (Unless it was a joint protection order). Someone should have explained that the protection orders last 5 years. If you have felt threatened/stalked by the respondent there should not be a desire by you to contact the respondent. If he attempts to contact you, call the police. He should not be contacting you and you should not be responding to him

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  • Can your employer require you to take a drug test for non work related incident on your own time

    Had a car accident over the weekend with a dui attached to it. I was hospitalized so I had to call off after giving the hospital documents to employer they discovered alcohol was involved and forced me to take a drug test on the spot

    David’s Answer

    Generally, if you do not have an employment contract, you are considered an "at will" employee. The employer can fire you for any reason that is not prohibited by law, ie. race, gender, nationality etc. So, if the employer requests that you take a drug test and you refuse, the employer can fire you. If you are a union employee than you should check with your union and review your rights with them.

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  • Can a petitioner violate a no contact order or only the respondent?Also how can one shorten/ the duration of a protection order?

    the order is against the respondent,not me i am the petitioner,we have three small kids together.on the protection order it says,respondent does so at own risk,and that the petitioner cannot change the order/modify it.if the petitioner contact/or ...

    David’s Answer

    Usually only the Respondent can violate the protection order, as you have not been ordered to do or not do anything (Unless it was a joint protection order). Someone should have explained that the protection orders last 5 years. If you have felt threatened/stalked by the respondent there should not be a desire by you to contact the respondent. If it was for the children and nothing has changed, why would you want the protection order changed? Generally, you are able to modify protection orders, but it is difficult and you need a good reason to change it.

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  • Will my 15 year old get jail time?

    my 15 year old daughter hit a girl 3 times who was bullying her sister. We got a court summons she is being charged with the felonious assault in the second degree. she was not arrested and the principal falsified one of the witness statements. to...

    David’s Answer

    If she does not have a long delinquency records, she probably will not go to jail. It also depends on which judge/magistrate you have. Some judges/magistrates are more strict. An important factor is your daughter's attitude towards the situation. IF SHE IS FOUND delinquent, a probation officer will visit you and discuss with you, your daughter and possibly contact teachers and other professionals that your daughter has contact with. The probation officer will make a recommendation to the court that is usually followed, so it is important to make the probation officer happy and comfortable with allowing your daughter to remain out of jail.

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  • What can I do to keep by daughters biological father to leave our family alone???

    My husband signed my daughters birth certificate and has been actively her father since birth. Her biological father has been in and out of her life for 5 years as has just filed for shared custody. Ths has torn my family apart and our lives upsid...

    David’s Answer

    It will be difficult to stop the biological father from seeing the child. In these types of cases, as the court proceedings drag on, he may lose interest and drop the case. However, a bad history is something that could be discussed with a guardian ad litem if one was appointed by the court. Gather all your information, ie. police reports, criminal records, mental health reports, anything else that would prove your case. Remember...obey all court orders no matter how much you disagree. You have the right to file objections if you have a magistrate hearing the case. Please contact an attorney to determine time limits on objections and appeals.

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  • Can i get joint custody if i owe child support

    This been going on since my daughter been 3yrs old her mom decides to keep her away from me cause i couldnt deal with her lies and her cheating anymore my daughter is 5 now she asks bout me and all her mother does is tell her call her boyfriend da...

    David’s Answer

    You are able to get joint custody if you and the mother can communicate and try to agree on what is best for your child. It does not appear that she will be communicative with you. I suggest that you start with getting an order for visitation and attempt to get as mush time as possible. The court proceeding may take awhile, which you would be able to build up a relationship with your daughter and eventually ask for custody if mother continues to deny visitation.

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  • Is there a statute of limitations on unpaid tuition for private schools in the state of Ohio?

    My wife went to a private college back in 2007 here in southern Ohio and as a result accumulated student loan debts. To our knowledge, all of her loans with that school were consolidated and are being paid on every month. However, we are just lear...

    David’s Answer

    The school will have to file a law suit before they can garnish your wife's wages. If your wife files bankruptcy the debt will be able to be discharged and removed. The statute of limitations when the debt was incurred was 15 years, however the statute of limitations was shortened to 8 years. The school will need to file a law suite shortly in order to attempt to garnish wages. Additionally, reasonable you may have defenses to the claims, but they are not able to be determined at this time. Please attempt to sit down with an attorney to fully go over your defenses.

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  • I would like a professional review of child support/custody order.

    My former spouse has contacted an attorney (same for the divorce) who sent me a letter stating that she is demanding additional money for things that I don't believe I am required to pay (ie. "activity fee" for a 7 year old playing at the YMCA )....

    David’s Answer

    Any attorney is qualified to review your order. However, for the best response and advice find an attorney that practices in domestic law/child support.

    This response does not constitute a representation agreement or any representation. Representation does not begin until a formal agreement is reached and retainer paid. Thank you.

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  • Can i file for divorce without my wife ?

    we got married like 13 months ago and after one month i left her and the whole town because she used me and threatened me . i am in ohio now and i want to file for divorce from here , but i dont know where is my wife now and i dont have any conta...

    David’s Answer

    I agree with the other lawyers who have written a response. You may call me at (440)409-0300 for a free consultation. There are many other good attorneys that can help you.

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