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Orion Jacob Nessly

Orion Nessly’s Answers

622 total


  • Is it legal to record my neighbor's loud conversation from my bedroom in order to document it for a complaint with the landlord?

    I live in Happy Valley, Oregon. I recently moved into a new apartment, and for the past weeks my neighbor has been unreasonably loud. Like I can hear loud music and conversation in my room. I want to document the noise level so I can file a compla...

    Orion’s Answer

    I agree with Mr. Bodzin's advice. Oregon's law about recording conversations requires knowledge (not consent) and there are exceptions, but informing the other party that the conversation is being recording (and,just to be safe, keeping proof that you informed the other party) solves this issue.

    You don't mention whether you've spoken with the neighbors yet. That might be a good first step. If they turn out to be reasonable, that may solve the entire issue.

    I would also want to make sure that I documented my complaint to management and asked the landlord to come by on one of the noisier occasions so that he or she can see just how loud the neighbors are.

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  • Legal repercussions for cashing fake checks?

    I did something really stupid, I allowed some strangers to cash a check in my bank account. For $400 dollars. They seemed really desperate and I wanted to help them. (I am an idiot I know) Well it turns out (surprise, surprise) that the check was ...

    Orion’s Answer

    Ms. Hays is exactly right. This site is a public forum were your statements can be found and potentially used against you. Set up a private consultation (where what you say is protected by the attorney-client privilege) to an experienced criminal defense attorney in the county in which the bank sits if you have any more questions.

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  • Are there any Attorney's on here that will help a Veteran with legal questions concerning Probate in Oregon?

    I'm a disabled Veteran with limited income. I need to talk to an Attorney pertaining to the Oregon Probate Court system. I've done some research of my own on the Oregon Probate Court, but I need an Attorney who is knowledgeable, and someone who ca...

    Orion’s Answer

    You should use the "find a lawyer" feature of this site.

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  • For cause lease termination - contesting the break fee.

    We signed an extension to our lease and shortly afterward the landlords let the adjoining townhouse not to a family but to 3 single young men. They quickly sublet to an additional 2 males - 5 of them living in a bedroom each (3) the living room an...

    Orion’s Answer

    Mr. Abbott has already given you good advise and I'd only add the following:

    The lease-break fee itself might be too high. It's worth reviewing the lease with a landlord-tenant attorney to find out as there are statutory rules regarding less-break fees in Oregon's Landlord-Tenant Act.

    Also, has the landlord re-let to a new tenant yet? Have they made attempts to do so? There may be additional arguments here as well.

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  • What do I have to do to get custody of my child.

    My child's father has full custody of my child, My son ran away from his home today to my sisters house and told her that his dad threatens to beat him with a belt. He's an alcoholic, he showed p to my sisters house drunk looking for our son he...

    Orion’s Answer

    It sounds like a case where requesting temporary emergency custody based on "immediate danger" would be appropriate. This must be filed at the same time as a motion to modify custody and/or parenting time. I would consult an experienced family law attorney in your county as soon as possible. Also, put together evidence and witnesses who can testify regarding anything you did not see or hear in person.

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  • Got MIP but no proof of me drinking. Can I fight this?

    I was sittin in a car with two other friends parked outside of a friends house, the car was off and a police officer comes to my door so I open it & he demands my ID. I ask why, he refused to explain why so I refused to show it to him. Another cop...

    Orion’s Answer

    In addition to what my colleagues have already told you, don't post any more details on Avvo or any other public forum. Instead, tell them an attorney in private where your statements are protected by the attorney-client privilege.

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  • My ex had custody and no longer wanted our son she gave him to me. I've had him for 3 months now. Would custody change be easy?

    My ex has other children and our son requires a lot of attention, he is almost 12. She no longer wanted to keep him full time so now she has every other weekend and I have him full time. He goes to school and has actually improved, he goes to medi...

    Orion’s Answer

    Talk to an experienced family law attorney who practices in your county. To change custody, you need to prove two things: (1) that there has been a substantial and unintended change in circumstances and (2) that the change in custody is in the child's best interests. It sounds like the first has occurred. Progress in school, stability, one parent being in charge of medical appointments, and a parenting time and housing schedule that is already in place and has been for an extended period of time could all be good arguments.

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  • Need help with parenting plan

    The father of my two children left when I was 8 months pregnant with my now 7 year old. He lived in Oregon the same state as us for about 2 years then moved to another state had only came to visit maybe 3 times the last time being 2 years ago. He ...

    Orion’s Answer

    Ms. Reisman's points are important because if there's no custody and parenting time judgment, no prior determination of paternity, and the father's name isn't on the birth certificate, then he actually has no enforceable parental rights at all yet.

    I agree that expecting a 7-year old to travel out-of-state for parenting time is probably not going to be seen as in the children's best interests. Another important argument against this (beyond just traveling alone) is that the father has been totally out of the picture for the last two years and absent for much of the 7-year old's life. Gradually increasing visits in Oregon so that a relationship of trust can develop would be a much better approach. It might also help to have someone that the children know and trust present for the first couple of visits.

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  • Sex offender visitation rights

    Father of children is a registered sex offender will the state say the kids (7 year old boy 8 year old girl) need to leave the state for visits with him?

    Orion’s Answer

    I tend to agree with Mr. Bodzin and Ms. Reisman. I would add the following:

    Because the Court's standard is going to be what's in best interests of the children, there are going to me many other relevant factors beyond the father being a registered sex offender. I would think about all aspects of how this out-of-state parenting time would impact the children and then put together evidence and witnesses to support any such arguments. Mr. Bodzin already touched on the travel, but there are likely other important considerations as well. It would be a good idea to consult with an experienced family law attorney in your county.

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  • Can I win the case?

    A month ago I ran over a pedestrian. She was with her friends and decided to beat the car and didn't accomplished. I was driving the car, I was going in the speed limit and I had a green light. It was too late when I saw her to break. When the...

    Orion’s Answer

    In addition to what my colleagues have told you, do NOT post any more information about this incident on Avvo or any other place where it can be read by the general public (or perhaps the pedestrian who may later wish to bring some sort of civil suit against you for injuries). Talk to an attorney in private, where your statements and his or her answers are protected by attorney-client privilege.

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