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Iowa Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Iowa on
Q: I am just wanting to know if sexual abuse 3rd degree definition has been changed in the state of Iowa since 2006?
James L. Arrasmith
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answered on May 29, 2024

To find out if the definition of third-degree sexual abuse in Iowa has changed since 2006, you will need to review the Iowa Code and any amendments made to it over the years.

Third-degree sexual abuse generally involves sexual conduct under certain circumstances, such as when the victim is...
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1 Answer | Asked in Gov & Administrative Law and Business Law for Iowa on
Q: Should my organization get a lobbyist?
Jefferson Fink
Jefferson Fink
answered on May 2, 2024

An organization might choose to hire a lobbyist to represent them in front of the Iowa Legislature for several reasons:

1. Advocating for Interests: Lobbyists can advocate for the organization's interests, whether it's related to specific legislation, regulatory issues, or...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Gov & Administrative Law for Iowa on
Q: Were my rights violated? cops beat me like it was a gang initiation & injected me with ketamine. I stopped breathing.

In Omaha I got into it with the bouncers and the cops came. I was drunk. The cops ended up beating & choking me till my head n lips were blue n purple. half of it on video. They were beating on me with their fists hitting me in my head repeatedly. They did everything to me except shoot me taze... View More

James L. Arrasmith
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answered on Jan 28, 2024

Based on the details provided, it does sound like there could have been violations of your rights and excessive use of force by the police officers. Some key things to consider:

- The repeated beating and choking clearly seems excessive, especially once you were subdued and not posing an...
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Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest

I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer... View More

James L. Arrasmith
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answered on Nov 16, 2023

To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Landlord - Tenant and Real Estate Law for Iowa on
Q: Applicability of Iowa code subsection 321J.4B(5.a.) "3" to a towed motorcycle under citation 321.218

I am the owner of a motorcycle that was towed and impounded in Iowa after I received a citation for Iowa code sections 321.218(1), 321.20B, and 321.17. The towing company claimed the bike was abandoned after 19 days and sold it. Initially, the court ruled against me in a replevin action while the... View More

James L. Arrasmith
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answered on Jun 12, 2025

What happened to you feels unjust, especially since the charges were ultimately dismissed and you were still denied return of your motorcycle. Iowa Code section 321J.4B(5.a.) “3” applies specifically to vehicles impounded due to certain operating-while-intoxicated offenses and outlines the... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Iowa on
Q: Was it legal for the court to reschedule my third-degree harassment case without informing me?

I am currently representing myself in a criminal case involving third-degree harassment. I discovered through the Iowa courts.gov website that my court date, initially set for May 14, was rescheduled to May 21 without my knowledge or notification. I have official documentation confirming the... View More

James L. Arrasmith
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answered on May 15, 2025

In general, courts are required to notify all parties involved about changes to scheduled hearings, including rescheduled court dates. If the court rescheduled your hearing from May 14 to May 21 without informing you directly, that could be an issue of procedural fairness. The court typically must... View More

1 Answer | Asked in Contracts, Real Estate Law and Gov & Administrative Law for Iowa on
Q: Who fills out IA DOT POA form for vehicle title transfer?

I purchased a vehicle through Copart, an online auction, and signed a limited power of attorney agreement to authorize them to sign the title on my behalf. The title, from out of state, was supposed to be signed before the vehicle was transported to Iowa. I received a bill of sale, a notarized... View More

James L. Arrasmith
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answered on May 15, 2025

In Iowa, the Iowa Department of Transportation (DOT) Power of Attorney form for vehicle title transfer must be completed and signed by **you**, the principal—the person granting the authority. This form gives someone else (the agent) legal permission to sign documents related to the vehicle title... View More

1 Answer | Asked in Juvenile Law, Gov & Administrative Law and Civil Litigation for Iowa on
Q: Can I file motions pro se in a CINA case while having a court-appointed attorney in Iowa?

I am involved in a CINA case in Iowa. Despite no drugs or abuse being found, my court-appointed attorney isn't helpful—they're often unavailable and don't consult me or offer options. I want to file various motions pro se, such as for financial assistance, modification of case plan... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Iowa, you have the right to represent yourself and file motions pro se, even if you have a court-appointed attorney. While your attorney is supposed to advocate for you, you can still file motions directly with the court if you believe your concerns are not being addressed. However, it’s... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Iowa on
Q: Laws protecting non-abusive parents from DHS evaluations in Iowa under temporary removal order 232.78.

Are there any laws in Iowa that protect me as a parent from complying with DHS orders for drug screenings, drug evaluations, and mental evaluations? I am the father and have done nothing wrong; I have not abused or neglected my children, nor have I been accused as the abuser. I have no drug... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Iowa, under Section 232.78, the Department of Human Services (DHS) has the authority to evaluate parents, even if they are not accused of abuse or neglect. While you may not have a history of drug use or criminal activity, DHS may still request drug screenings, mental health evaluations, and... View More

1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Gov & Administrative Law for Iowa on
Q: Police incident involving retrieval of tools, homeowner threats, and subsequent police apology.

I went to a person's house with a police officer to retrieve a few tools (a hammer, texture sprayer, trowel, and other items). The officer asked if he should lock the keys inside after we left, and I agreed. Later, the same officer was there with the homeowner and other officers to search the... View More

James L. Arrasmith
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answered on Apr 7, 2025

It sounds like you’ve been through a very stressful and confusing situation. From what you’ve described, the police officer’s failure to properly communicate with both you and the homeowner about the key left room for misunderstandings. When the officer mentioned locking the keys inside,... View More

1 Answer | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Medical Malpractice for Iowa on
Q: Options for ensuring proper legal representation and medical care for my son in jail?

My son has been in jail for 123 days after being arrested outside my home while in a state of full psychosis. This happened after a nurse informed his probation officer that he needed to go to the ER for treatment. Instead, he was arrested, tased, denied a phone call, and the public defender... View More

James L. Arrasmith
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answered on Mar 26, 2025

I'm truly sorry about the distressing situation with your son. Your commitment to protecting him is clear, and his suffering must feel overwhelming for you both.

You have several pathways to pursue immediately. Contact the supervisor at the public defender's office to report your...
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2 Answers | Asked in Personal Injury and Gov & Administrative Law for Iowa on
Q: Should my teen's car be titled in their name or parent?
T. Augustus Claus
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answered on Aug 15, 2023

The decision to title a teen's car in their name or the parent's name depends on various factors. If the teen is the primary driver and responsible for the car's expenses, titling it in their name can provide a sense of ownership and responsibility. However, if the parent is... View More

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1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for Iowa on
Q: How do I apply to be on the board for Iowa?
Tim Akpinar
Tim Akpinar
answered on Jul 22, 2019

It would depend on the board; there are many boards within the state that cover different areas, and each would likely have its own process, whether through appointment, election, application, or other route. Good luck

Tim Akpinar

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

2 years of medical records not admitted due to my Lawyer did not get records into evidence.

4 different chronic, progressive, and eventually fatal all because my lawyer missed the timely

submission of these records. Administrative Law Judge angerly told me and especially my Lawyer... View More

Erik Luthens
Erik Luthens
answered on Jun 21, 2018

In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your... View More

1 Answer | Asked in Gov & Administrative Law for Iowa on
Q: Does the chairperson on a city board of adjustment of five members vote? Or is he/she strictly there to run the meeting?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 30, 2015

Normally, the chairperson would vote, but it depends on the rules of the board of adjustment, which may be in the ordinance or statute creating the board, or elsewhere. If it's a five-person board (including the chair), that's further evidence that the chair may vote, because otherwise a... View More

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