Orion Jacob Nessly’s Answers

Orion Jacob Nessly

Lake Oswego Family Law Attorney.

Contributor Level 15
  1. Does a person have to be a member of the bar in order to represent me / act as my attorney?

    Answered about 2 years ago.

    1. Orion Jacob Nessly
    2. Robert Lloyd Mauger Jr
    3. Jay Bodzin
    4. Keith G Langer
    5. Marcel Gesmundo
    5 lawyer answers

    This is a bad idea! The only time that law students are allowed to practice law is under a limited set of circumstances where they are supervised by an attorney who is licensed to practice in Oregon. For example, Lewis And Clark Law School runs a program where tenants can get low-cost representation by law students practicing under a supervising attorney. To do otherwise is an ethics violation for the law student before they ever apply to the Oregon State Bar. Also, all attorneys in...

    10 lawyers agreed with this answer

  2. I'm pregnant with his child, can I ask for a divorce while pregnant?

    Answered almost 3 years ago.

    1. Orion Jacob Nessly
    2. Conrad G Hutterli
    3. Jay Bodzin
    3 lawyer answers

    Legally, there's no requirement that you need to wait until after you give birth. With an infant, it shouldn't really matter if the child was born before, during, or after the divorce was filed. Instead, what's important is who is the primary caregiver and a mother, especially if the child is nursing or the father has taken off for 6-month periods after the other child was born like what seems to have happened here, would be the logical choice for custody of such a young child. As far as...

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  3. Can I put a restraining order against my wifes ex boyfriend

    Answered almost 3 years ago.

    1. Orion Jacob Nessly
    2. Jay Bodzin
    3. Brian S Wayson
    3 lawyer answers

    No, you cannot. You have no valid reason for restraining order here. Based on your own facts, there's no danger to you, no harassment, no stalking, no physical attack, no threats, no safety issue. If you were somehow able to get a restraining order granted and the ex contested it, he would easily win and the court would also probably order that you pay him back for his costs and attorney fees. Several other attorneys have already given you good advice on multiple other versions of this...

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  4. Can A person be charged even thou he was not there if someone is telling on him

    Answered over 1 year ago.

    1. Orion Jacob Nessly
    2. William Emil Cassara
    3. Troy Austin Pickard
    3 lawyer answers

    Yes, they can be charged. The more important question is, can they be convicted? The person you are writing about should consult in private with a criminal defense attorney who practices in the county in which they were charged. The state needs to prove each of the elements of any charge it brings beyond a reasonable doubt. A good defense attorney can show a jury the flaws in such an argument and may be able to get certain evidence excluded or testimony impeached. If this person cannot...

    7 lawyers agreed with this answer

  5. Is there anyway to end a lease if you are being stalked and harrassed?

    Answered about 2 years ago.

    1. Orion Jacob Nessly
    2. Michael Aaron Shurtleff
    3. William A. Jones Jr.
    4. Ryan Alexander
    4 lawyer answers

    I changed your practice area to landlord-tenant because this is not really a criminal defense question (you aren't being charged with a crime). A stalking order requires at least two unwanted contacts and you can seek one yourself through the courts, rather than the police. If you can show proof of the threatening messages and vandalism, that will help your case greatly. But remember, it has to have happened at least twice and it has to be unwanted. Has your boyfriend ever asked her not...

    7 lawyers agreed with this answer

  6. Can I legally stop my wife from communication with a man I do not like

    Answered almost 3 years ago.

    1. Orion Jacob Nessly
    2. Michael J Corbin
    3. Peggy M. Raddatz
    3 lawyer answers

    This same question seems to already have been answered by several other attorneys: http://www.avvo.com/legal-answers/can-i-legally-stop-someone-from-talking-to-my-wife-762212.html?ref=answer_question_serp_title_3

    7 lawyers agreed with this answer

  7. A coworker accused me of breaking into his truck and is now telling everyone about the investigation

    Answered about 2 years ago.

    1. Orion Jacob Nessly
    2. Jonathan Neal Portner
    3. George Costas Andriotis
    4. Christian K. Lassen II
    4 lawyer answers

    It is almost never a good idea to talk to the police without counsel. They are investigating you for a crime and your statements can be used against you. All you have to tell them is that you don't want to talk to them without your lawyer present. Consult with a local criminal defense attorney for advice on what to do when you are under investigation for a crime. Also, it sounds like you may have some defenses (or at least some good witnesses/evidence) to impeach the co-worker with if you...

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  8. Can the landlord take my rent money and tell me that she is putting it onto my late fees and not for this months rent?

    Answered about 2 years ago.

    1. Orion Jacob Nessly
    2. Nathan Douglas Wente
    3. Troy Austin Pickard
    3 lawyer answers

    No, the landlord is NOT allowed to do that. In fact, Oregon's Landlord-Tenant Act specifically says that she cannot do this. ORS 90.260(4) says, "A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment, thereby making that rent payment delinquent for imposition of a new or additional late charge or for termination of the tenancy for nonpayment under ORS 90.394" (which is the statute that allows 72-hour notice). Here is a link to both...

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  9. Do I need a lawyer for the expungement of two possessions of less than an ounce of marijuana in Oregon?

    Answered over 1 year ago.

    1. Orion Jacob Nessly
    2. Thomas Ifversen
    3. Anthony Michael Solis
    3 lawyer answers

    I think you need to at least consult with an attorney who handles expungements and here's why: Your case is not as simple as you might think. ORS 137.225(6)(b) does not allow expungement for, "A person convicted, within the 10-year period immediately preceding the filing ...of any other offense, excluding motor vehicle violations, whether or not the other conviction is for conduct associated with the same criminal episode that caused the arrest or conviction that is sought to be set aside......

    6 lawyers agreed with this answer

  10. Am I entitled to part of my husbands settlement?

    Answered about 2 years ago.

    1. Orion Jacob Nessly
    2. Diane L Gruber
    3. Kevin Coluccio
    4. Christopher Palmer
    4 lawyer answers

    You should consult one-on-one with a family law attorney to go over your specific facts and get detailed, informed answers. Based on what you've written, it sounds like an argument can be made that the settlement is a marital asset (it occurred during the marriage, you supported him while injured, and you two shared that money while married). Also, the last thing an Oregon court considers when deciding whether something is a marital asset to be divided by the court is what is "equitable" (...

    6 lawyers agreed with this answer