Oregon Questions & Answers

Q: I was contacted on Facebook by a plasma donation center employee to try to date me using person info provided

2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Sexual Harassment for Oregon on
Answered on Oct 16, 2017

You need to get help to change your Facebook Settings to make sure that your personal information is not visible to people you don't know. I am not an expert on privacy laws so whether or not you have a lawsuit I can't tell you. Generally speaking you need to prove economic damages to have a lawsuit and I don't see how this has damaged you economically. Maybe there can be damages otherwise, I don't know. But it would seem that this employee violated a fiduciary duty by contacting you for...
View Details »

Q: Is there a time limit on the length of time it takes to write the final document for a divorce?

1 Answer | Asked in Divorce for Oregon on
Answered on Oct 13, 2017

It all depends on the circumstances of how the case was settled. I prefer to do family law settlements on the record in court to memorialize the terms of the agreement. That way, when there is a delay in the paperwork or a dispute, I can draft my own documents for my client and set a hearing date with the Judge and get a copy of the oral settlement that was done on the record to give the Judge. (Most courts have tape recorders and you can order the CD for about $10.00) The Judge will sign my...
View Details »

Q: Can my 15 year old grandson move his 18 year old girlfriend in to my home without asking me

1 Answer | Asked in Real Estate Law, Juvenile Law and Landlord - Tenant for Oregon on
Answered on Oct 13, 2017

He can try but you ultimately get to decide who can be in your house. This assumes that your grandson is not a "renter" as defined by Oregon's landlord tenant law. I don't do landlord tenant law so if you might want to consult with a landlord tenant lawyer to see if your grandson has rights that would be protected under Oregon's landlord tenant law. Also, being a tenant doesn't always mean paying rent, it also applies to squatters. Assuming that your grandson doesn't have renter status,...
View Details »

Q: Hi, what are the legal causes in which a tenant can be evicted without paying the new fee as per 2017 ruling?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Oct 12, 2017

I assume you are asking about evicting a tenant without being liable for the Relocation Assistance Payments required of some landlords with properties within the city limits of Portland, If the landlord is not exempt from having to make those payments, they only apply if the landlord gives the tenant a no cause termination of tenancy notice, refuses to renew a term lease, or if the tenant elects to terminate rather than pay a rent increase of more than 10%.

You seem to be asking...
View Details »

Q: Oregon law question. What factors make Oregon a minors home state also can DHS take our child if we aren't residents.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Oregon on
Answered on Oct 12, 2017

If this is an Oregon Law question, why is it being posted in California. It won't be seen by the type of attorneys you need to see it. Please re-post
View Details »

Q: Can I purchase and own a firearm while still completing diversion for DUII in Multnomah county OR?

1 Answer | Asked in DUI / DWI for Oregon on
Answered on Oct 11, 2017

Review your court documents carefully and consult with an attorney if you any further questions about your obligations arising out of your case. If you had an attorney to help you enter diversion I would reach out to them first.

That said, DUII Diversion Agreements with Oregon courts typically include no restriction on your ability to use or possess firearms. Rather, they usually require you to do only the following:

a) Pay the required diversion fees and any restitution...
View Details »

Q: I just got divorced & the judge put my income as twice what it actually is to calculate child support. Is this legal?

1 Answer | Asked in Child Support and Divorce for Oregon on
Answered on Oct 11, 2017

The judge has ruled and you are bound by the decision. You can appeal the judgment if the court's decision is not supported by substantial evidence and fewer than 30 days have elapsed since the judgment was entered. You may also file a motion to modify the order if your or the other parent's economic circumstances have substantially changed since the support order was entered.
View Details »

Q: My son was involved in a car accident on a rural road running the stop sign. The stop sign was covered by trees.

1 Answer | Asked in Car Accidents and Criminal Law for Oregon on
Answered on Oct 11, 2017

I am sorry to hear of your son's accident. It is unlikely that your son would be charged with assault, and even more unlikely that he would be convicted of assault under the circumstances you describe. The others who were injured may have a claim against your son if he was negligent in causing the accident. Those claims, if brought, should be covered by your son's automobile insurance. Your son may have a claim against the landowner who allowed the trees to obstruct the view of the stop...
View Details »

Q: If I discount my tenants' rent for not having a car in the parking lot, could the lack of discount be considered a fee?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Oct 10, 2017

Why raise the potential issue? It would be cleaner and easier to simply rent to all at the lower price and rent parking places to those that want for an additional rental amount. You would presumably need to patrol or enforce it but issue parking tags or permits and contract with a tow company to patrol and tow non-compliant parked vehicles. Or don't discount the rent and simply provide the parking spot for the tenant's use as part of the rental package and it is up to them whether they use...
View Details »

Q: Can my boss fine employees for discrepancies he can't prove who did or that no one fixed?

1 Answer | Asked in Employment Law for Oregon on
Answered on Oct 10, 2017

I would say any fines are not legal, and he could get in a lot of trouble if he deducts such from your wages.

http://www.oregon.gov/boli/TA/pages/t_faq_tadeduct.aspx
View Details »

Q: The rental agreement our landlord provided has several clauses that are illegal in OR. Do we tell him?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Oct 10, 2017

No one can give you specific advice without reviewing the document itself. That said, the general rule is that it does not matter what the lease says if the provision otherwise violates Oregon's Residential Landlord-Tenant Act, the Act controls over lease provisions. But landlords and tenants are free to contract for most anything that does not specifically violate the Act. Bottom line is you are likely to still be protected from illegal provisions in the lease but may be subject to any...
View Details »

Q: Is the mother allowed to take away a form of communication the father provides and pays for?

1 Answer | Asked in Family Law for Oregon on
Answered on Oct 9, 2017

Writer - you are writing third person like you are the father's girlfriend and not the father. This issue is between the father and the mother - all other people should stay out of this and let the two of them figure out how to best parent their children. If the court needs to be involved to clarify the rules, then this matter should go back to court. There is no such thing as both sole custody and joint legal custody existing at the same time. It is one or the other. But regardless of...
View Details »

Q: Just ended one year lease on Tigard, OR townhome. Landlord is charging me for maintenance work.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Oct 9, 2017

Yes, he can do it - and you can contest the charges if you wish. The big question, at least from your posting, is how much cleaning needed to be done and whether it, combined with the other items, is really worth $400?

Assuming the landlord is withholding it from a security deposit refund, your choice is to either accept it or file suit against the landlord for withholding funds he was not entitled to. If you win, you can get twice the amount wrongfully withheld, plus your court...
View Details »

Q: Can landlord keep last month's rent after a 60 day no-cause eviction if I vacate early and don't give a 30 day notice?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Oregon on
Answered on Oct 9, 2017

Yes, your landlord is correct that you would be required to provide 30 day notice if you intended to vacate prior to the 60 day notice date that he served you. He told you to be out on that specific date, NOT to be out anytime up until that date. If you wanted to be out earlier, you owed him at least 30 days notice. Since you did not give that, he can charge you rent through either 30 days after you did vacate or up to the date on his notice, whichever comes first.
View Details »

Q: When I was 16 I didn't want to see my dad for the weekend. Is there a law about the child's rights when they are 14?

1 Answer | Asked in Divorce and Family Law for Oregon on
Answered on Oct 9, 2017

With respect to custody and parenting time there is no special age that gives the child the right decide anything. However a child can express themselves either by talking to a parenting time evaluator, or by having an attorney appointed to represent the child, and on rare occasions a child might testify as a witness. Judges feel that putting a child on the witness stand to evaluate their parents is emotionally destructive for the child. So having a child testify is rare. When a child does...
View Details »

Q: Unmarried father, on birth certificate, want to move my sons back to Cali where both sets of gparents are. No court ordr

2 Answers | Asked in Family Law for Oregon on
Answered on Oct 9, 2017

California and Oregon follow the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Under the UCCJEA, the state where the children have resided for the past six consecutive months is the state where any custody issues should be determined. If you move the children to CA, and within six months of the move the mother files a custody proceeding in OR, you likely will have to return to OR to argue about custody and parenting time. You should therefore consider establishing your custody...
View Details »

Q: What can do if my ex-boyfriend video taped us having sex without my knowledge or consent?

1 Answer | Asked in Criminal Law, Federal Crimes, Personal Injury and Civil Rights for Oregon on
Answered on Oct 9, 2017

You have a right to the image & or an order forbidding him to release it. However you'll likely have to pay the attorney to get to the order.
View Details »

Q: The last one is about me the one with the child the little 6 year old girl I'm really lost my have no one to talk to and

1 Answer | Asked in Child Custody for Oregon on
Answered on Oct 8, 2017

Sorry but it is really hard to figure out what your question is and say anything helpful. This is what I can say, don't post any details of your case here on Justia because there really isn't any privacy here on the internet. Two, any time a case involves CSP and the Juvenile Courts here in Oregon, the parents have the right to request a court appointed attorney, so you should focus on asking for a court appointed attorney if you don't have one.

If you are dealing with your own issues...
View Details »

Q: My mom was in an accident last year (assumed her fault, in Oregon) and is now being sued for 500,000.

2 Answers | Asked in Car Accidents for Oregon on
Answered on Oct 8, 2017

You mother just needs to turn this over to her car insurance company. Insurance companies put a lot of effort into defending these cases and often the opening amount that the complaint alleges is just a starting point for negotiation or juries will award less. Proving that a car accident led to mental distress that caused a suicide attempt seems a bit unrealistic although not impossible. I think that the Plaintiff had to have had existing mental issues and would have some responsibility to...
View Details »

Q: In oregon is it legal to carry a multitool with a knife in my pocket

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Oregon on
Answered on Oct 8, 2017

Oregon’s carrying concealed weapons law (ORS 166.240) makes it a Class B misdemeanor to carry concealed on your person:

- any knife with a blade that projects or swings into position by force of a spring or centrifugal force;

- any dirk, dagger, ice pick, slungshot, metal knuckles; or

- any similar instrument that could be used to inflict injury.

So no concealed switchblades, brass knuckles, etc. However, mere pocketknives with folding blades are okay. Yours...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.