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Jeffrey W. Bowling

Jeffrey Bowling’s Answers

28 total

  • Can getting a divorce be in the USA if the marriage certificate was registered out of USA?

    When my friend was in New Zeland several years ago, he registered marriage certificate with a woman who was also non-citizen there(actually they had no more relationship,not like other couples) . Moreover, when they came to USA, they seperated and...

    Jeffrey’s Answer

    Your friends case is very complicated and requires the advice of an immigration and family law attorney. Generally, to obtain a divorce in the state of Ohio, one party must be a resident of the state of Ohio for at least 6 months and a resident of the county for which the divorce is filed for at least 90 days prior to filing the divorce. However, due to your friend's immigration status, a divorce prior to his immigration interviews may or may not have an effect on his potential immigration status. Consult an attorney immediately.

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  • I am a stay at home mom who's husband now wants a divorce. How to I pay for an attorney when I have no income?

    I have been married for 11 years, a stay at home mom for three of his kids for most of that time. I have no income and my husband says that everything in the joint checking account is his because I make no money. How can I hire an attorney to get ...

    Jeffrey’s Answer

    Regardless of who earns the income, Ohio defines marital property as any asset earned throughout the duration of the marriage except for gifts, inheritances and other specific types of property. Therefore, the money in the joint account belongs to both of you.

    Seek the counsel of a qualified and respected divorce attorney that practices regularly in the county of your residence. He/she will be able to properly advise you on how to protect your interests.

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  • What does a M1 charge mean?

    boyfriend has m1 charges..what does that mean?

    Jeffrey’s Answer

    You should also realize that some M1 charges carry with it mandatory driver license suspension or increased penalties for subsequent charges. Therefore, your boyfriend should consult an attorney to fully understand the consequences of his charge.

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  • No contact order dropped

    i want my husband to come hone how do i get the no contact order removed, i live in ohio

    Jeffrey’s Answer

    Is this a Domestic Violence Civil Protection Order or a protection order issued by the court after your husband was arrested for Domestic Violence? If it is a Domestic Violence Civil Protection Order filed by you then, you should go back to court and request that the matter be dismissed.

    If it is a protection order issued by the Court after your husband was arrested for domestic violence then, you should contact the prosecutor and victims advocate to request that the restraining order be dismissed. You will most likely need to appear in Court to request on the record that the restraining order be dismissed.

    If your husband has retained an attorney, you can contact that attorney to request his assistance with the matter.

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  • My Friend just got his third DUI in the state of Ohio in a period of four years how much jail time could he get

    The Second and Three DUI were only four months apart.

    Jeffrey’s Answer

    The previous attorney stated the penalties correctly. However, based upon the phrasing of your question, I am concerned that your friend may have ovi/dui outside of the state of Ohio. If that is the case, keep in mind that those convictions can be used against him to enhance the charge to a felony.

    Also, if he has a total of five or more convictions in a 20 year period for convictions within or outside of Ohio, the charge can be a felony level ovi.

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  • Can I be forced to testify to something I was too intoxicated to clearly remember or can I refuse to testify based on that?

    My boyfriend and I got very drunk the night of his birthday. We were in our home and apparently had some sort of argument. The neighbors found me with visible injuries and called the cops. My boyfriend was then arrested for domestic violence. ...

    Jeffrey’s Answer

    As the previous attorney stated, you can be compelled to testify. But, you cannot be compelled to testify to something that is not true or to something for which you don't remember. The danger in your situation is that you do not know what you told the police, what is in the police report or whether you completed a witness statement. For this reason, you should obtain the report from the police deparment and consult an attorney to determine your rights and responsibilities.

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  • Old charge of DUI (15 yrs) on books & I don't live in state anymore.

    I got pulled over in OH on a Fri night/Sat morning about 15 years ago in toledo. The police pulled the passenger out of my car with me and took us both in. I blew just over legal limit. The person with me wouldn't give name so when they asked me...

    Jeffrey’s Answer

    Yes you will have to go to Ohio. My experience with these issues are two fold: First, you have a license block due to the failure to appear in the Ohio municipal court. Hire an attorney to represent you. It is not uncommon for a court to release the block once you appear to face the charges. Second, because the ovi case is fifteen years old, the evidence may be stale or non-existant, or memories may have faded, to such an extant that prosecution may be difficult if not impossible.

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  • My Husband had a third offense DUI and was arrested in our garage the Motorcycle is in his name.

    The state of Ohio is in the process of taking his motorcycle at a court hearing in December. My question as his wife even though my name is not on the title of the bike does that fact that we are married not give me any rights to this motorcycle.

    Jeffrey’s Answer

    If you have a lien against the motorcycle and your name is on the loan then, you may be able to file a motion to halt the forfeiture requirement. There could also be other statutory reasons to prevent the forfeiture. Keep in mind that forfeiture will only take place if a conviction is obtained. Consult an attorney to know both you and your husband's legal rights.

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  • Fis rst dui in 10 years but 4 in total

    how will i be charged

    Jeffrey’s Answer

    In Ohio there are two separate look back periods: one is a 6 year look back and the other is a 20 year look back period. The six year look back period enhances the penalties for each subsequent ovi up to the 4th ovi which becomes a felony. The 20 year look back period punishes as a felony an ovi with 5 or more prior convictions for ovi.

    You will be charged with a first offense either low tier or high tier ovi. If this is a case in which you refused a chemical test (breath or otherwise) then you may be charged with a ovi refusal with prior ovi within 20 years.

    You need to seek an attorney to review your citations in order to fully understand the nature of your charges.

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  • How to fight to dismiss a protection order if the judge wont dismiss it?

    I got a protection order against my childs father , and he cant see me or her. Now i want to dismiss it and the judge wont do it

    Jeffrey’s Answer

    Hire an attorney to assist you in this matter.

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