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Oregon Civil Rights Questions & Answers

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... Read more »

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... Read 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 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... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Oregon on

Q: Im needing help with a few civil issues.

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 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 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 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... Read more »

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... Read 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 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... Read more »

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... Read 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... Read more »

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 40.225...
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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 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... Read 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... Read more »

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... Read 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... Read more »

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... Read more »

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.... Read more »

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 padding... Read more »

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2 Answers | Asked in Elder Law, Civil Rights and Medical Malpractice for Oregon on

Q: My husband died, they declared him dead at 9:45AMFuneral home did not pick him up until 6:15 PM. Horrifying. Can I sue?

Gary Kollin answered on Sep 10, 2018

Any operson can always sue.

What are the damages?

What are the resons they did not come sooner?

Could you have called a different funeral home?

Who called and when?

Is the case of suffcient cvalue that an attorney would take it on a contingency fee basis?

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1 Answer | Asked in Employment Law and Civil Rights for Oregon on

Q: How can I file a tort claim myself after being fired for telling employer I'm going to see a cardiologist for my heart?

HR was already informed that I had to go to ER twice over rising blood pressure. I shared that I may have to go back to normal/initial job requirements before additional hours were added. I was told to come in and get FMLA paperwork and one hour later I was issued a formal dismissal via email... Read more »

Jeff Merrick answered on Aug 20, 2018

Your question raises several issues, including whether you have a "disability" and whether the employer had a duty to work with you to see if it could accommodate your disability.

If you want to chat, feel free to call.

Jeff Merrick

503-665-4234...
Read more »

1 Answer | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Municipal Law for Oregon on

Q: Is it legal for a court to not have any working phone lines? Asking for grounds for a law suit.

A court an hour and a half from me that I have a debt with lists three different phone numbers to call them at but all three numbers when called say either "your call cannot be completed at this time" or "this number has been disconnected". I can't take time off work to drive over there and ask... Read more »

Gary Kollin answered on Aug 13, 2018

Be careful.

That sounds like a typical scam.

Read up on them,

There cannot be a contempt of court without a judgment

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Oregon on

Q: Boss had me move to work for him. Gave me free rent. Worried he will fire me and won't have a place to live.

Lived in Portland OR when i got a call from a old boss basically begging me to come to Grant's Pass to help him with his business. He has a dispensary and a living quarters above it. He said I could live there for free while I work for him. I only agreed because I still have a lease in Portland I... Read more »

Mr. Michael O. Stevens answered on Aug 8, 2018

Unfortunately, you have fewer protections as an employee in these situations: https://www.oregonlaws.org/ors/91.120

He could evict in 24 hours, or at least has to wait 24 hours before he files. Most courts take a couple weeks before you get to your first hearing, so you would have a little...
Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oregon on

Q: I bought 35 acres on 4/2/18 with renters on a monthly rent. Renters have locked the gate on 4/22 what r my rights

Am I allowed to remove the gate and can I go do work (clearing brush) on the land. They posted no trespassing 24 hr notice req. I had to leave a msg for24 hr notice, l get a call back, renters say their giving a 48 hr notice that I can't go on my property.

Gregory L Abbott answered on Apr 23, 2018

A tenant cannot unreasonably refuse you entry to inspect your property. Whether you can clear brush etc. depends upon what their lease says and what their rights include. The only way to really know is for you to take a copy of the lease to a local landlord-tenant attorney for an in depth review... Read more »

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