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Jeffrey K. Traylor
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Jeffrey Traylor’s Answers

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  • How to make a 1986 Traffic infraction warrant go away.

    I have a traffic infraction warrant for my arrest in CA. from 1986. I was unable to get to CA. from OR to apear in court. Here is the skinny. I was in a car wreck no one hurt but me. I was in hospital for 5 days and then recived a ticket for DUI...

    Jeffrey’s Answer

    • Selected as best answer

    Dan, I think you need to post your question in the California section. Unless an Oregon lawyer has taken and passed the bar in the California, they will not be able to help you. This might be the sort of thing you can take care of over the phone with a California lawyer if you can pull them away from their ipad and iced mocha-latte frappuccino. Alternatively, you could just never go to California again. I imagine if they were planning to extradite you it would have happened by 1992 or so.

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  • I received an open container in an unlicensed area citation, a misdemeanor. What should I do to defend myself?

    I have NO criminal record.

    Jeffrey’s Answer

    Honestly, you should get a lawyer. I know that probably isn't what you want to hear, but it is the right answer. If you get an attorney they can probably negotiate it down to a violation so that you don't have a misdemeanor on your record. Depending on the facts of the case, a lawyer may be able to beat the charge at trial. You are unlikely to be able to do these things yourself. I know it sucks having to get a lawyer for something silly like this, but having a criminal records sucks even more. Good luck!

    Jeffrey K. Traylor
    Multnomah Legal LLC
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

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  • How long can I wait to press charges?

    I was assaulted in November 2008 and for more then one reason he was never arrested but now things have changed. can I still press charges and get medical bills and lost wages and put him in jail?

    Jeffrey’s Answer

    You have 2 years from the date of the act to bring charges civilly against this unruly individual (civil claims are brought by you against the opposing party for damages.) The state has 2 years to bring criminal misdemeanor charges and 3 years to bring a criminal felony charge. The time frame depends on which assault statute they use to prosecute.

    It is important to note, however, that ultimately it is up to the district attorney whether or not to prosecute for a crime. Thus you cannot put him in jail, only the district attorney acting on behalf of the state of Oregon can do that. In any event, you can sue him for your medical bills and lost wages regardless of whether or not the state brings criminal charges.

    If this happened in November you are rapidly approaching the end of your window to bring a claim. I suggest that you contact an attorney soon so that you can get the ball rolling and make this guy pay. If you are in the Portland area I would be more than happy to help you out. Feel free to give me a call in the next couple of days if you want to talk about it further.

    Jeffrey K. Traylor
    Multnomah Legal LLC
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

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  • Can I take the car that's only in my husbands name?

    I am married in OR state. I have been married 4 yrs & am going to leave my husband. We have a home in both our names, will leave him the house but want the car that is only in his name. Can I legeally take the car even if he says no?

    Jeffrey’s Answer

    If the care is in his name I would advise against taking it against his wishes. It sounds as if you you are in a situation where you would like to leave without saying goodbye. I would advise against that for a variety of reasons. First, if you have money in that house you should really get it. Often people walk away from assets in order to avoid the hassles of divorce and end up regretting it. Second, there is a way for you to walk away with the car, or enough money to buy a car through the divorce process. If you file for divorce the court will divide your assets equitably (equitably means "fair"). Thus you could probably get what you wanted by offering to give him the majority of the house in exchange for keeping the car. Third, you may have other rights you are walking away from such as spousal support (or child support if you have children). Finally, if you just take off he will probably divorce you, and then call the cops. You don't want that. If you want to discuss your options further feel free to give my office a call. Good luck!

    Jeffrey K. Traylor
    Multnomah Legal LLC
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

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  • Obtaining temp. custodail care of our 4 yr old granddaughter

    mom..on drugs 2 other siblings father by a different guy..he's a covicted felon, drugs and absuive to all but espeically the 4yr to get even with my son(her bio father but not on BC but yes on DNA test I have) all the kids are in danger but shes h...

    Jeffrey’s Answer

    You could file for custody as an emotional parent under ORS 109.119 and then file for temporary custody alleging that the child is in immediate danger. Oregon allows for any person who has created an parent-child relationship with a child whose parents have consented to and fostered that relationship to petition for custody or parenting time. Once you have filed for custody under that statue you will be able to seek emergency custody. This is an uphill battle, but it is one that I have prevailed on before.

    It also seems like a good idea to file for a restraining order against the abuse Father as well. Without knowing more about your specific situation, however, it is difficult to give you information regarding the restraining order.

    Finally, you could always call DHS if you think the child is in danger know. DHS often attempts to place children with family members if they need to be removed from the environment, but DHS is often loathe to get "un-involved" once they have gotten involved, so be wary of that option. I practice out of Portland, Oregon, but I do work down South from time to time. Feel free to give me a call if you would like to discuss the situation further or decide to begin the search for an attorney. It sounds as if you will need one eventually. Good luck!

    Jeffrey K. Traylor
    Multnomah Legal LLC
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503)427-8054

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  • Under age mother 17 of child, father under 18 no court ordered parenting time.

    Father is on probation for drugs and he is living with friends mother is living with parents and concerned for childs safety. She has no court ordered parenting time and needs to know what she needs to do for the safety of the child. A restrianing...

    Jeffrey’s Answer

    The mother should file for custody and a temporary protective order of restraint (not to be confused with a restraining order). In Oregon, she could only get a restraining order if the Father had committed abuse in the past 180 days. A temporary protective order of restraint, or "status quo" order, however, will be freely granted and will restrain both parents from disturbing the usual routine and daily schedule of the child. The usual routine and daily schedule is defined as what the child has been doing for the past 3 months. That should protect the mother until she is able to get into court for the custody trial.

    In any event, it is important for the Mother to seek legal advice sooner rather than later so she can get the ball rolling. In addition, once she files for custody she will be able to get child support retroactive to the date of filing. If she is still in need of assistance feel free to pass along my information. I would be happy to help and provide further information in a free consultation. Good luck!

    Jeffrey K. Traylor
    Multnomah Legal LLC
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

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  • Can the owner of the stables hold my non living property until I pay a back bill even though they gave me a 30 day notice.

    I want to remove my horse tack because it is going to take me longer than a day to get my horses removed So I want to remove my tack and then make the final payment on the day I remove my horses. Can they leghally stop me from removing my tack.

    Jeffrey’s Answer

    I can't be sure without reviewing your lease, but generally a lessor may not hold a lessee's property hostage pending the payment of a bill. They should not be able to stop you from removing your horse, your tack, or anything else you own in that stable. Generally even in an eviction a lessor is required to hold the lesee's property in a storage area for at least 30 days.

    Jeffrey K. Traylor
    Multnomah Legal LLC
    7406 Milwaukie Ave.
    Portland, OR 97202
    (503)427 8054

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  • Can an emotional parent get custody of children if the biological father has a custody order in another state?

    My soon to be ex husband is threatening to file for custody of my two children from a previous marriage? He has not adopted the children and their biological father will not sign away his rights to them. We have a court order from another state gr...

    Jeffrey’s Answer

    If you and the children have lived in Oregon for the past 6 months, that your soon to be ex-husband will be able to petition on Oregon to become an emotional parent. The Oregon laws regarding emotional parent are more permissive than most states, and if you and the kids have been here for the last six months then Oregon is going to have jurisdiction under the UCCJEA if a fight breaks out (Uniform Child Custody Jurisdiction and Enforcement Act).

    That said, even without knowing your situation I would say that it is somewhat unlikely for this gentleman to get custody of your children. The supreme court ruled a couple of years ago that parents have a constitutional right to make decisions regarding the custody of their children. As a result, you are presumed to act in the best interest of your children, and that presumption can only be rebutted by your ex showing one of two things: 1) You are incapable of taking care of the children, or 2) Denying his claim to custody will result in detrimental harm to the children.

    In order to give you better advise however I would need to know more about your situation and see the custody order from the other state. In Oregon for instance, there is no such thing as 80-20 custody. One parent has custody, and the other parent has parenting time (unless the parents agree to joint-custody). It is more likely that your ex-husband will be able to get parenting time with the kids, but if he does he is then going to have to pay child support to you if you retain custody. If you want to discuss this further feel free to contact my office. Good luck!

    Jeffrey K. Traylor
    Multnomah Legal LLC
    7406 SE 17th Ave.
    Portland, OR 97202
    (503) 427-8054

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  • Do I have to formally evict a young man brought into my home whom I have supported and he pays for nothing?

    2 1/2 years ago my then, teenage son brought home a friend who's mom had kicked him out. Our family took him in since, to our knowledge, he didn't have another place to go. With the exception of a month here, couple weeks there, he has essentiall...

    Jeffrey’s Answer

    That sounds like a difficult situation, and unfortunately, if he has been living there with your consent for 2 1/2 years you will be required to formally evict him. You can evict your ungrateful young man with a 60-day no cause eviction notice (given that he has been living there for a lengthy amount of time), or you may evict him with a 30-day for cause notice under his violation of tenant duties under ORS 90.325. The statute can be viewed here:

    http://www.leg.state.or.us/ors/090.html

    There is a possibility that if he is destroying your property or otherwise behaving in a statutorily outrageous manner, then you can give him a 24 hour notice under ORS 90.396. This method, however, requires you to meet a difficult evidentiary burden in that you must show that his actions have been outrageous and outgoing, or that he represents some kind of threat to you, your property, or your family.

    Depending on what he is doing around the house, you may be able to resort to another legal remedy if he is behaving in a way that violates the law, or is committing an act that would justify a restraining order. That would be the fastest way to get him out of the house without going through the formal eviction process. Good luck!

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  • What can I do if my landlady repeatedly throws away my items from the side of (and sometimes basement of) my home?

    My landlady drives by my rental at least one or twice a week and fiddles with the trash cans/snoops around. I have lived here for 5 years. She often throws away items that are on the side of the house (flower pots/bike basket/ a table that I had...

    Jeffrey’s Answer

    The previous two answers are correct, however you might have an additional tool at your disposal. If the areas in question are part of the property you lease, than simply inform your landlord in writing that she needs to give you at least 24 hours notice before entering your property. If she continues to do so without notice you may be entitled to injunctive relief (a court ordering her to cease the conduct), break your lease, and actual damages not less than one months rent.

    There are situations where your landlord can enter without notice, but those situations are generally limited to performing repairs or in an emergency. For non-emergency and repair situations you are statutorily entitled to 24-hours notice. In addition, your landlord is specifically prohibited from repeatedly entering your property for any legal purpose if the repeated entries have the effect of harassing the tenant (you). Your situation is specifically covered by ORS 90.725. The statute can be viewed here:

    http://www.leg.state.or.us/ors/090.html

    If you would like more information or assistance in resolving this matter please give me a call. I would be happy to help. Good luck.

    Jeffrey K. Traylor
    Multnomah Legal LLC
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

    See question