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Oregon Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oregon on
Q: Are CPS workers allowed to refuse to give a parent a UA if they ask for one?

My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... View More

Joanne Reisman
Joanne Reisman
answered on Nov 3, 2019

This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Sexual Harassment for Oregon on
Q: Today, sixteen years later, I found out I was molested and have written proof from the molester can I press charges
Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 4, 2019

Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon... View More

1 Answer | Asked in Civil Rights and Construction Law for Oregon on
Q: Can the city be held responsible for damages to my water heater from not notifying us when they said they would?

They have been doing work on water mains for over a month and we got 1 letter saying they would let us know when the water would be off but we have not been notified a single time out of dozens and our water heater ran dry multiple times and now is not working properly, i even emailed the city... View More

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2019

The cost to litigate such a case could exceed the replacement costs to the heater. If other residents in your area also sustained related damages, that could help spread legal costs. That could be something to look into before consulting with a local attorney. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant and Civil Rights for Oregon on
Q: Moved in May 2018: can landlord terminate my 12 month lease for Weekend Visitation w/ 7yr old daughter.

I received an email asking whether or not a small child lives in my house. We have we can visitation with my husband 7 year old daughter. Landlord commanded custody agreement paperwork be given to her for her examination. Upon receiving she emailed all responses to her conclusion of terminating... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 29, 2019

Whether a landlord can prohibit further visitation likely depends upon the exact wording of your lease. Even if they can, your posting raises questions as to whether they are trying to terminate your tenancy lawfully. Consider reviewing both issues with a local landlord-tenant attorney to learn... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Oregon on
Q: my brother killed himself with his girlfriends gun, she left it out. Her ex killed himself too. she didnt call the cops

is there anything we can do to make sure there is not a third person this will happen to

Joanne Reisman
Joanne Reisman
answered on Sep 28, 2019

This isn't a legal question. However using common sense would go a long way to prevent such tragedies. You and the surviving members of your family should either get rid of any guns you have in your homes or be a responsible gun owner and get a secure gun safe and store you guns there. If... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oregon on
Q: Dtatus Quo Order not being follows by wife. Nothing I can do?!

She left 08-01-19 and took out son to her parents over 60 miles away. A week later I submitted the paperwork I needed to and included a motion for Status Quo. That was signed as an order 08-12-19. Her lawyer was given copy in court (had court for Ex Parte which was dismissed) and was told by the... View More

Joanne Reisman
Joanne Reisman
answered on Sep 15, 2019

Your lawyer should set a date for a hearing to determine temporary custody and temporary parenting time. But it is likely that your wife will also ask for temporary child and spousal support. This isn't just about her moving to her parents house. It is about transitioning from married to... View More

1 Answer | Asked in Small Claims, Civil Rights and Sexual Harassment for Oregon on
Q: What is considered evidence for pet theft.

Someone says they walked your dog and he got away. 2 months later and still no sign of dog. Flyers posted craigslist and fb postings. Checked dog shelters.

William Jaksa
William Jaksa
answered on Sep 3, 2019

What could be considered evidence is something that depends on the circumstances. In your case, it seems that you would need something to prove that they had your dog, or control of your dog, after the time they say it ran away. Were they seen with the dog? Are they advertising a dog for sale? Is... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Oregon on
Q: Im needing help with a few civil issues.
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2019

More details would be needed here for an attorney to respond - at least some basic information about the type of matter involved. Or if it is something you don't wish to post on a public forum, you could contact attorneys in your area directly. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law, Business Law and Civil Rights for Oregon on
Q: Can a plaintiff in a civil lawsuit transfer the suit to someone else?

If someone buys a property and later you find out that an issue was not disclosed. You file a lawsuit and then you decide to sell the property in dispute. Can you transfer the lawsuit to the new buyer? Can you add their name to the suit and remove yourself?

Daniel DiCicco
PREMIUM
Daniel DiCicco
answered on Jul 24, 2019

Short answer: you can do this. Long answer: it’s complicated to do this and how to go about it it all depends on what’s going on.

1 Answer | Asked in Civil Rights and Criminal Law for Oregon on
Q: Can police lie to you to gain entry to your home?

If it is not legal do them to do so is the evidence they locate admissible?

Gary Kollin
Gary Kollin
answered on Jul 16, 2019

Yes

3 Answers | Asked in Car Accidents, Civil Rights, Real Estate Law and Small Claims for Oregon on
Q: A car drove into the side of my house what can I use the driver for? It scared my grandchildren my pets and my family
Joanne Reisman
Joanne Reisman
answered on Jun 8, 2019

You can sue the driver for the damage to your house. Emotional damages (pain and suffering) can only be requested by a person who was physically injured.

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1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Oregon on
Q: My landlord said his RV he's renting me is illegal. I believe laws are being broken with illegal thing, power sewer&more

The RV septic connected to the other RV septic that connects to the main house. It fills up and sewer runs under the RV below. I never see a power meter man come read my meter and he chooses to charge me anything over 50 bucks used. How does he know how much I should pay just by looking at my... View More

Gregory L Abbott
Gregory L Abbott
answered on May 31, 2019

You may well have claims against your landlord but you will need to review it all with a local landlord-tenant attorney to know for sure and exactly what. The obvious solution, however, is for you to simply move - something you are likely going to have to do before long anyway if your set up truly... View More

1 Answer | Asked in Personal Injury, Civil Rights, Juvenile Law and Libel & Slander for Oregon on
Q: My 18 year old daughter pierced my 12 year old daughters' nose. She is not licensed or in school. What can I do?

She picked her up from a friend's house and hid her from me, and has been instrumental in the kidnapping and coercion of her, which the nose piercing is evidence of.

Gary Kollin
Gary Kollin
answered on May 31, 2019

Press charges and maybe she can go to jail

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oregon on
Q: now that im the only one at the house with a night schedule, my two other roomates want me to move out.

ive lived here for over 14 months. i was sublet a room from a roommate who has since moved out but i continued to live here as normal, paying rent and utilities. i dont want to move, i have more invested in this property than both of them combined. what should i do? one of them who has only been... View More

Gregory L Abbott
Gregory L Abbott
answered on May 8, 2019

Your roommates have no authority to terminate your tenancy or to force you out, anymore than you have to terminate their tenancy or force them out. Only your landlord has such authority and then usually it needs to be for cause. Problems? Review everything with a landlord-tenant attorney. Good... View More

1 Answer | Asked in Civil Rights, Employment Discrimination, Health Care Law and Medical Malpractice for Oregon on
Q: How can I get privacy when relating my case to a prospective lawyer? So they can't share with anyone after I leave?

I met with a lawyer after being referred though the Oregon Bar Association referral line and after we were done talking I asked that what I shared be kept confidential. He told me that he was under no obligation whatsoever to keep my information confidential. He said that a consultation even if I... View More

Greg Freeze
Greg Freeze
answered on Mar 5, 2019

I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.

ORS...
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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon on
Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

Mother removed children from oregon. Got restraining order for domestic violence and because children were being abused/neglected. Judge in oregon allowed father to violate order and virbal badger children and mother. Judge gave custody to father because of restraining order.

M. Nicole Clooten
M. Nicole Clooten
answered on Feb 21, 2019

There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Oregon on
Q: why would the opposing party not have to have accounting before the estate is out of trial?

The opposing party is not coming forward with accounting for unknown reasons and has also borrowed money from the estate without approval from the judge. The opposing party also had depleted the estate account and had to open another one giving an updated inventory and is somehow blaming their... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 6, 2019

This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first... View More

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on
Q: If CPS illegally took my child can you sue at any time before or after trial?

My daughter was taken illegally before reasonable efforts were made and no imminent danger was present all before obtaining court order.

Have never signed a safety plan..also they never have been in my home. Have tried firing court appointed attorney the past 3 hearings since he refuses to... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Jan 22, 2019

What was the basis of the action at the shelter hearing?

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oregon on
Q: Can a stepmother pack an adult childs things, change locks & give him five minutes to find a ride to retrieve belongings

My adult half-brother has been living with his stepmother for 16 months with the verbal agreement he does various household duties and gets a job, and to move out when his younger siblings move. His siblings are still there. When he was at work, she text him saying her and her friend packed his... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 15, 2019

He should see a local landlord-tenant attorney immediately. Yes, he has rights and no, step-mother had no legal right to either dispossess him of his property or to oust him from her home without first obtaining a court order.

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Oregon on
Q: Living at step mom house

Basically living in my step mom house till i close on my house on the 30th. My dog rip up the carpet im the room in staying in. Im going to replace the carpet because the carpet in this room now is 20 plus years old. Now shes saying she wants the padding and closet done to or shes going to sue me.... View More

Joanne Reisman
Joanne Reisman
answered on Nov 28, 2018

Just humor your mother. Pay for the carpet and the padding. You got free rent. Do the right thing. Besides, it probably won't cost you any more then your first trip to talk to an Attorney. And I agree with your mom. If you are going to put in new carpeting you should also change the... View More

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