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Oregon Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law, Employment Law, Military Law and Sexual Harassment for Oregon on
Q: Being harassed and threatened, need legal guidance to protect military career.

I am being harassed by a woman who is trying to force me into a romantic relationship. She makes unwanted advances, uses emotional pressure, makes false accusations, and has threatened to sue me and damage my military career if I don't comply. These threats include plans to report me for... View More

James L. Arrasmith
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answered on Jun 11, 2025

You have the right to be free from harassment and threats, and you can pursue both protective orders and civil claims to stop her actions.

Start by compiling all evidence—texts, emails, call recordings, dates, times, and any witness names—and organize it chronologically. Then file in...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Oregon on
Q: Options after discovering new evidence and alleged bias post-FAPA hearing in Oregon.

I recently discovered new evidence several months after losing my Clackamas FAPA renewal hearing that was not available during the trial. Additionally, I have evidence of partiality or discrimination from the judge that was not addressed at that time. Assuming I have enough evidence for a Motion... View More

James L. Arrasmith
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answered on Jun 11, 2025

It’s incredibly difficult to face the outcome of a FAPA hearing when you believe the process was unfair or incomplete. Since you now have new evidence and concerns about judicial bias, you’re not without options. Filing a Motion for Relief under ORCP 71 is a valid first step, especially if the... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Domestic Violence for Oregon on
Q: Can I use accidentally recorded threats for a restraining order in Oregon?

I live in Salem, Oregon, and have been recording conversations between my wife and me, with her consent. My roommates (my brother and his girlfriend), aware that we record our conversations, have not consented but have also not objected. These recordings inadvertently captured altercations between... View More

James L. Arrasmith
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answered on Jun 1, 2025

You're dealing with a serious and dangerous situation, and it's completely reasonable to want legal protection. In Oregon, it's a one-party consent state for audio recordings, meaning as long as one person involved in the conversation is aware and consents, it is generally legal to... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Oregon on
Q: Can I retrieve my gun if a renewed protective order is not served?

I was served my original protective order from Clackamas County, Oregon, in October 2022, at which time my petitioner surrendered my gun to the sheriff. The order was scheduled to expire in October 2023, so she renewed it but did not serve it. In January 2024, I contacted the sheriff's office... View More

James L. Arrasmith
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answered on May 31, 2025

If the renewed protective order had not yet been served to you, then technically, you were not under notice of the new order and its restrictions should not have applied to you at that time. Service is a critical step in making a protective order enforceable against you. Until you are officially... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Oregon on
Q: Legal steps for neighbor's security cameras invading privacy in Oregon

I live in Oregon and am facing issues with my neighbor's security cameras. They are positioned to record over my 6-foot fence into my side yard, where I have a reasonable expectation of privacy. I've documented the intrusion with photos showing the camera's view into my yard. I... View More

James L. Arrasmith
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answered on May 31, 2025

If your neighbor’s security cameras are capturing footage of your private side yard—an area where you have a reasonable expectation of privacy under Oregon law—you have a few steps you can take. Start by documenting everything, including photos of the camera positions, footage if possible,... View More

1 Answer | Asked in Civil Rights, Employment Law and Civil Litigation for Oregon on
Q: Program for ex-felons denied assistance due to extensive record, feeling discriminated. Options?

I enrolled in a program with a business that helps ex-felons obtain housing and employment. After 30 days in the program, my counselor informed me that they couldn't help me further due to my extensive record, even though assisting ex-felons is their stated purpose. They never mentioned any... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your situation raises serious concerns about potential discrimination and false advertising, as a program specifically designed for ex-felons should not exclude you based on having "too extensive" a record without clear, pre-disclosed criteria. If they accepted you into the program... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Gov & Administrative Law and Criminal Law for Oregon on
Q: Can lifetime parole be enforced and offender package applied without charges?

In 1993, I was sentenced to 25 years for murder under Oregon's matrix system and served 23 years. I have been out for 13 years. I'm trying to understand if lifetime parole is legally enforceable since I don't recall it being part of my sentence. Additionally, my probation officer... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you’re describing raises serious concerns about fairness, transparency, and due process. If lifetime parole was not clearly ordered as part of your original sentence or by the parole board after your release, it’s valid to question whether it’s being legally enforced. Under Oregon's... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Personal Injury for Oregon on
Q: Threatened on Facebook; seeking civil suit for emotional distress and lifestyle changes. Can I win, and sue for $10,000?

A woman threatened me in person, and later did so on Facebook with messages implying harm ("help me find out who this person is so I can get rid of him... I make them disappear"). Since receiving these threats, I've stopped skateboarding daily, which I used to enjoy, and have... View More

Jina Ly Clark
Jina Ly Clark
answered on May 18, 2025

If this person has threatened you more than one time, it is possible you may qualify for a stalking order.

https://www.courts.oregon.gov/forms/Documents/Stalking-PACKET.pdf

You could also file a civil lawsuit for intentional infliction of emotional distress. If you send a demand...
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1 Answer | Asked in Health Care Law and Civil Rights for Oregon on
Q: How to find proof of someone's medical records and ethical considerations?

I want to find proof of someone's abortion or pregnancy. I am not facing any legal issues nor seeking legal action; I am just trying to uncover the truth from this person. Are there any legal ways or resources available to access such personal medical records, and what ethical considerations... View More

James L. Arrasmith
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answered on May 14, 2025

You cannot legally obtain someone else's medical records without their explicit consent. These records are protected by strict privacy laws, like HIPAA in the United States, which ensure that sensitive information remains confidential. Trying to access someone's private medical history... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Oregon on
Q: Neighbor harassment and protective order possibility in Oregon

I have a neighbor in Eugene, Oregon, who has been harassing me and my family for over two years. She repeatedly talks to my children despite my requests not to, and she causes confusion by telling them that my friend is their mother. She also often speaks negatively about us to others. She has sent... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re describing could meet the legal definition of harassment in Oregon, especially given the ongoing nature of her behavior, the emotional impact on your family, and her refusal to stop after being asked. If someone repeatedly contacts or intimidates you or those close to you without a... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation, Family Law and Civil Rights for Oregon on
Q: How to prove falsification by DHS and CPS in Oregon removal case?

I am seeking advice on how to obtain documentation and proof from DHS and CPS in Oregon, particularly in Grants Pass, showing that they falsified legal documents related to the removal of my children. The petition submitted to the judge for their removal wasn't dated or done until two days... View More

James L. Arrasmith
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answered on May 15, 2025

What you're going through sounds deeply painful and unfair, and it’s understandable that you feel like the system has failed your family. When children are removed without clear documentation or a timely court order, it raises serious concerns about due process. If the petition to remove... View More

1 Answer | Asked in Civil Rights and Contracts for Oregon on
Q: Can my parents legally take and go through my phone if they pay for it, but I am over 18?

I recently turned 18 and am still living with my parents. Yesterday, they got upset with me for having trash in my room, grounded me, took my phone, and went through it. The phone was a gift from them, and they also pay for the phone service. We have no agreements about privacy, apart from me... View More

James L. Arrasmith
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answered on May 15, 2025

Since you are now 18, you are legally an adult, which means you have more control over your personal property, including your phone. However, because your parents are still paying for the phone service and provided the phone as a gift, there are complexities. Legally, if they own the phone or pay... View More

2 Answers | Asked in Civil Rights, Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Oregon on
Q: What legal actions can I take after being arrested for disorderly conduct without cause and facing mistreatment by police and during jail processing?

While dealing with car issues on the side of the road, I was approached by a police officer who insisted I provide identification, even after I explained my situation and requested him to move his vehicle. When I declined, stating I hadn't committed a crime, he arrested me for disorderly... View More

Brad  Holbrook
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answered on Apr 26, 2025

I am very sorry that you were forced to endure this event. There may be facts to this event that would change my answer, and if you want to pursue any legal action, you will need to discuss this with an attorney, as you know this is intended to give you a broad idea of what your issue(s) involves.... View More

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Q: Is filing a false report to the housing authority a crime if made with malicious intent?

I was falsely accused of domestic violence, resulting in my arrest and a no-contact order during the ongoing court proceedings. Five and a half months later, the accuser went to the housing authority and filed a domestic violence report, claiming I was harassing her, leading to my voucher... View More

James L. Arrasmith
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answered on May 14, 2025

You can’t simply weaponize the housing authority’s process without risk—knowingly filing a false report to a government agency can cross the line into criminal fraud or making a false statement, depending on your state’s laws.

In many jurisdictions, submitting false information on...
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Q: Can I press charges for defamation and reclaim my housing voucher after a false domestic violence allegation in Oregon?

I'm facing difficulties after a false police report was filed against me for domestic violence, which led to my arrest and a no-contact order for over a year. Consequently, my housing voucher was revoked based on these allegations. I have evidence, including text messages from the accuser’s... View More

James L. Arrasmith
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answered on May 14, 2025

You have the right to challenge any false statements made against you by filing a civil defamation suit, since Oregon law lets you seek damages when someone knowingly publishes a false allegation that harms your reputation. Gather all texts, messages, and any witness testimony that shows the report... View More

1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Oregon on
Q: Do I have a case for medical malpractice or a cruel and unusual punishment?

On Jan 19 2024 I was arrested for DUI. I have complex medical issues that I take a variety of medications for. Two blood pressure medications two pain relievers an anti-anxiety medication. Medication to control the uric acid in my blood. Antihistamine. A phy. assistant I believe improperly cleared... View More

James L. Arrasmith
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answered on May 14, 2025

What you went through sounds deeply distressing and could raise both medical and constitutional concerns. When someone with documented medical needs is denied access to essential medication and equipment like a CPAP machine while in custody, that can potentially fall under cruel and unusual... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Oregon on
Q: Facing pressure to complete IDP, suspecting retaliation for patient safety issue escalations. Should I proceed?

I am a nurse and a leader in our union, and I'm facing pressure from my employer to complete a "voluntary" Individual Development Plan (IDP) to improve my communication skills. My employer has not provided any coaching or examples to guide this process. Recently, an MD made a comment... View More

James L. Arrasmith
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answered on May 14, 2025

You’re in a tough spot, and it’s understandable to feel uneasy about completing an Individual Development Plan that feels less than voluntary—especially when it comes on the heels of speaking up for patient safety and your union work.

If you refuse to complete the IDP, management...
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1 Answer | Asked in Gov & Administrative Law, Civil Rights and Health Care Law for Oregon on
Q: Is Unity Behavioral Health adhering to ORS 426.385 in refusing patient correspondence?

I am a patient at Unity Behavioral Health, and since April 14th, the nurses have repeatedly refused to allow me to correspond with my support person, citing "established policy." This has occurred multiple times over the last two days, and the refusal happens even late at night. I... View More

James L. Arrasmith
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answered on May 14, 2025

You have the right under Oregon law to send and receive mail or messages from your support person unless the staff can show that letting you do so would seriously disrupt the therapeutic environment or create a clear safety risk. Simply wanting contact with your support person doesn’t meet that... View More

1 Answer | Asked in Domestic Violence, Juvenile Law and Civil Rights for Oregon on
Q: What legal steps can I take as a 17-year-old in Oregon to ensure safety from abusive parents and address their actions legally?

I am a 17-year-old living in Oregon, and my abusive parents have kicked me out of the house for almost three weeks. I've reached out to DHS and the police for help but received little assistance. I have documented evidence of physical abuse by my mother, with recordings, photos, and written... View More

James L. Arrasmith
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answered on May 14, 2025

You have the right as a minor to protection from abuse, and Oregon law requires Child Protective Services to investigate credible reports of physical harm. Since you’ve documented the abuse with photos, recordings, and written accounts, insist that CPS open a full investigation and consider... View More

1 Answer | Asked in Domestic Violence, Juvenile Law and Civil Rights for Oregon on
Q: What can I do if I'm kicked out by abusive parents and lack police support?

I am 17 years old, and my parents have kicked me out of the house for nearly two weeks. I've reached out to DHS and others for help, but received little assistance. I have been physically abused by my mother and have recordings, photos, and written documentation of the incidents. Despite being... View More

James L. Arrasmith
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answered on Apr 13, 2025

I'm really sorry you're going through this—it sounds like an incredibly difficult and unsafe situation. First and foremost, your safety is the most important thing. If you're still out of the house, **do not return** if you fear for your safety or well-being. If you haven't... View More

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