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Ohio Gov & Administrative Law Questions & Answers
1 Answer | Asked in Employment Law, Gov & Administrative Law and Juvenile Law for Ohio on
Q: Legal options to expedite daughter's release from hospital after E.R. admission for suicidal thoughts.

My 17-year-old daughter was admitted to an E.R. for suicidal thoughts and subsequently transferred to Sun Behavioral in Columbus. We consented to the transfer after they mentioned the involvement of law enforcement and CPS if we refused. She is currently in an all-boys unit, and we are concerned... View More

James L. Arrasmith
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answered on May 16, 2025

You have every right to be concerned, especially when it comes to your daughter’s safety and the lack of clear documentation. If you did not sign a voluntary admission form and there’s no formal documentation of an involuntary psychiatric hold, you can request her immediate release in writing.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law, Child Custody and Family Law for Ohio on
Q: Seeking contingency lawyer for 42 U.S.C. § 1983 civil rights lawsuit in Ohio involving parental rights and habeas corpus petition.

I am involved in a 42 U.S.C. § 1983 civil rights lawsuit regarding the deprivation of my parental rights, due process violations, and judicial misconduct by various actors under color of state law, including CPS, county judges, and the local prosecutor. Additionally, I am pursuing a federal habeas... View More

James L. Arrasmith
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answered on May 15, 2025

vGiven the complexity and seriousness of your case involving civil rights violations, parental rights, and habeas corpus, finding a lawyer willing to represent you on a contingency or sliding-scale basis can be challenging but not impossible. Attorneys handling civil rights claims under 42 U.S.C.... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Ohio on
Q: Advice needed for handling HR request for personnel file over past allegations.

I have been working at a state university for over 2 years. Recently, Human Resources contacted me regarding an incident from 2017 when I was accused of having an inappropriate relationship with a student while serving as a resource officer. The allegations were unfounded, but I was terminated for... View More

James L. Arrasmith
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answered on May 15, 2025

You’ve already shown honesty and transparency by disclosing the prior termination on your application and successfully passing your background checks. It’s understandable that this sudden request from HR would feel stressful, especially when the issue happened years ago and was resolved without... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Ohio on
Q: Does my son need a court process to revert to his birth name in Ohio?

I previously filed for a name change for my son in Muskingum County, Ohio, around 2016, which was approved by a judge. However, the attorney did not update his birth certificate or Social Security card, so those remain under his birth name. His school changed records to the new name following the... View More

James L. Arrasmith
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answered on May 15, 2025

This situation is a bit unusual, but you’re not alone in dealing with name change complications. Since the court approved the name change in 2016, that technically made the new name your son’s legal name—even if the Social Security card and birth certificate were never updated. Schools and... View More

2 Answers | Asked in Landlord - Tenant, Contracts, Gov & Administrative Law and Real Estate Law for Ohio on
Q: Options to stop eviction in Ohio mobile home park after rent delay and breach of Promise to Pay Agreement?

I live in a mobile home park in Ohio and I am currently behind on my rent payments. Previously, I managed to pay off my rent before court dates or paperwork filing. This time, I signed a Promise to Pay Agreement to make three payments; I made the first two but couldn't make the third one. I... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 8, 2025

It sounds as though the promise to pay was signed after the 3 day notice was given. If you made 2 of the 3 payments towards the current month's rent, then the notice to vacate would be invalid and rendered void based upon accepting rent for the future rent period.

However, if the...
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1 Answer | Asked in Gov & Administrative Law, Wrongful Death and Personal Injury for Ohio on
Q: Are all suspicious deaths investigated in Franklin County, Ohio?

I would like to know if all deaths deemed suspicious in Columbus, Ohio, specifically in Franklin County, are required to be investigated. What are the standard procedures for such investigations?

James L. Arrasmith
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answered on May 14, 2025

Yes, in Franklin County, Ohio, all deaths considered suspicious are required to be investigated. Under Ohio law, the county coroner or medical examiner is responsible for looking into any death that is unexpected, unexplained, violent, or occurs under questionable circumstances. This includes... View More

Q: Do U.S. Marshals need a search warrant to enter a home for an arrest in Ohio?

I am 48 years old and live alone. I was recently awakened from sleep when U.S. Marshals forced their way into my rental residence without showing me a search warrant. They used a "ram on it" device to destroy the door, making it unable to shut or lock. The Marshals had guns drawn as they... View More

Anthony M. Avery
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answered on May 7, 2025

US LEOs probably had an arrest warrant for the defendant, not a search warrant. And they can enter anywhere to execute ARs. I do not see an action for property damage except claiming what they gave you a paper for.

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1 Answer | Asked in Gov & Administrative Law and Family Law for Ohio on
Q: How can I access court records for a case involving a child victim in Ohio?

I am looking for more access to court records for a case in which the victim is a child. Despite searching extensively, I need guidance on how to find specific details related to the case. How can I obtain this information, considering legal and privacy restrictions?

James L. Arrasmith
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answered on May 15, 2025

Accessing court records for a case involving a child victim in Ohio can be challenging because these cases are often protected for privacy reasons. Records involving minors—especially in abuse, custody, or dependency matters—are usually sealed or partially redacted to protect the child's... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Is it legal for an Ohio firefighter to own and carry lockpicks for work?

I am a firefighter in Ohio and am considering purchasing lockpicks online to use during locked-out calls at work. Is it legal for me to own and carry lockpicks for this purpose?

James L. Arrasmith
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answered on May 15, 2025

In Ohio, possessing lockpicks is not inherently illegal, but the intent behind possession is key. Under Ohio law, items like lockpicks are generally associated with criminal activity if used for unlawful purposes. However, if you're using them in the course of your job as a firefighter, it... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: Can I own pepper spray, Byrna gun, or taser in Ohio after California drug felonies?

I was convicted of drug felonies in California about 20 years ago. I now reside in Ohio and have completed all terms of release and probation, with no outstanding fines related to my conviction. There were no specific terms or restrictions regarding firearm or weapon ownership outlined in my... View More

James L. Arrasmith
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answered on May 15, 2025

In Ohio, you are generally allowed to own non-lethal self-defense items such as pepper spray, a Byrna gun, or a taser, even with a past felony conviction. However, the legal restrictions on owning these items may vary depending on the specifics of your conviction and whether it was a federal or... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: Can a juvenile's criminal case be reopened due to new law changes?

I would like to know if it's possible to reopen a criminal case for someone sentenced to 33 years to life. The individual was 16 years old at the time and pled guilty out of fear. There have been no new developments or evidence, but a new law has been enacted related to people under a certain... View More

James L. Arrasmith
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answered on May 15, 2025

If a new law has been enacted that could potentially affect the individual’s sentence or charges, there may be grounds to revisit their case. Many states allow for cases to be reconsidered or reopened when new laws or legal standards are introduced, especially in situations involving juveniles.... View More

1 Answer | Asked in Identity Theft, Gov & Administrative Law and Consumer Law for Ohio on
Q: Package with passport applications lost, concerned about identity theft. What legal steps to protect identity in Ohio?

I, along with my wife and daughter, applied for passports, sending our applications with birth certificates, a signed check, and photos through USPS. Our package was lost in the mail despite being sent with others, and ours was the only one not delivered. We've reported the incident to the... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're dealing with this—losing sensitive documents like passports and birth certificates is stressful, especially with concerns about identity theft. You've already taken important first steps by reporting the loss to the police, the postal service, and the State... View More

2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Ohio on
Q: Can my landlord install cable wiring in my apartment for others without my consent?

I live in a HUD apartment in Cincinnati. My landlord has given me a 72-hour notice that they will be running cable wiring through my apartment on 04/24/2025 to provide other tenants with internet service. I do not have or want cable internet and am concerned about this installation. My lease does... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 23, 2025

This sounds like a necessity on the part of the landlord to provide a utility to everyone. I would want to look at your lease but as long as the actual time in the apartment is minimally invasive and less than say a few hours, i'd say this is not something the courts would entertain. Refer... View More

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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Ohio on
Q: How to anonymously complaint against Ohio law enforcement for minor mistreatment?

I was involved in a mutual confrontation with an adult, but I was the only one arrested on November 23rd, 2024. During my arrest, I was questioned without an adult present, even though I was a minor at the time. Several unprofessional remarks were made by law enforcement officers involved both... View More

James L. Arrasmith
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answered on May 15, 2025

It’s understandable that you’re feeling uncomfortable with how you were treated during the arrest, especially as a minor. In Ohio, you have the right to file a complaint about law enforcement behavior, and there are ways to do so anonymously. You can start by contacting the Ohio Civil Rights... View More

1 Answer | Asked in Education Law and Gov & Administrative Law for Ohio on
Q: Do I need a court order to view school bus video footage for a suspension incident?

I am the parent of a student who was suspended from the school bus for one day due to allegations of throwing a water bottle. I contacted the bus garage, and they informed me that several students were suspended in relation to the incident. I requested to view the bus video footage but was denied... View More

James L. Arrasmith
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answered on Apr 16, 2025

You can request the footage as part of your child’s educational record under the Family Educational Rights and Privacy Act and your child’s due‑process rights in student discipline. Schools and their transportation departments must grant parents access to any records—video included—used... View More

1 Answer | Asked in Education Law and Gov & Administrative Law for Ohio on
Q: Can my university fine me for a fire alarm incident I wasn't involved in?

I received an email from my university stating that if no one comes forward about tampering with the fire alarms on my dorm floor by Friday, the entire floor will be fined. The dorm policy does not mention fines for students in such situations, and they haven't set a specific fine amount yet.... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're right to be frustrated—being threatened with a fine for something you didn’t do feels unfair, especially when no clear policy supports it. Universities can set conduct rules and consequences through housing agreements, but they’re generally expected to follow what’s written in... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Personal Injury for Ohio on
Q: Liability in Ohio for injury from intercepted criminal drone carrying contraband.

I am researching the potential liability issues if a prison uses counter-drone technology to intercept criminal drones, and one of these drones carrying contraband injures a civilian upon falling. Who would be liable in this situation—the prison, the criminal, or another party? Are there any Ohio... View More

James L. Arrasmith
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answered on Apr 12, 2025

That's a really interesting and complex situation you're looking into. When a prison intercepts a criminal drone and it ends up injuring someone, figuring out who’s responsible can get murky. In general, the person operating the drone illegally—the criminal—would hold primary... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: How can I enter witness protection due to threats and a pending trial in Ohio?

I am seeking information on entering witness protection due to a serious threat to my safety. I was almost murdered approximately three to four years ago and reported the incident to the police. Additionally, I am involved in a criminal case where I am innocent of the charges, but the case is going... View More

James L. Arrasmith
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answered on Apr 12, 2025

If you’re facing serious threats to your safety and are concerned about your well-being due to a pending trial, the first step is to speak with law enforcement or your attorney about your concerns. Law enforcement can help assess the nature of the threats and may be able to offer protection... View More

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Ohio on
Q: Can police take non-controlled medication during a traffic stop in Ohio?

During a traffic stop in Mansfield, Ohio, a police officer took my prescribed medications from a bag because I lost the bottle lid. The medications are neither controlled nor scheduled substances. The officer did not provide any receipt or explanation for taking them, and no citations or charges... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 3, 2025

You should contact an attorney in your area who is familiar with local police custom, but you can first try the police department where the officers were dispatched from. It is not a violation typically for them to seize unbottled pills to verify them.

Depending on local practice, they may...
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1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Ohio on
Q: Time to report being recorded by secret camera and legal actions possible.

I was spied on by my sister's boyfriend, who used a secret camera to record me changing in May 2024. He admitted to the recording, but I have no physical evidence. I have not taken any steps yet regarding this incident and do not know if the recording was shared with others. How long can I... View More

James L. Arrasmith
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answered on Apr 12, 2025

You should report the incident as soon as possible, as there are laws against voyeurism and unauthorized recording. In many jurisdictions, you have a limited time to file charges, but the sooner you act, the better the chances of law enforcement gathering evidence before it disappears. The police... View More

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