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Robert M Lorey

Robert Lorey’s Answers

297 total


  • Divorce status quo , insurance on cars

    - can my husband cancel the insurance on my car in a pending divorce case if he was paying for the insurance prior to divorce ?

    Robert’s Answer

    Unless there is an Order Pendente Lite, yes. I assume from your question that you do not have an attorney assisting you with this process. A divorce is a major life change, backed up by the contempt power of the Court -- and your adversary is someone who knows _literally_ everything about you. You cannot "afford" to handle this matter on your own.

    An Order Pendente LIte establishes several 'ground rules' for the conduct of the parties pending a final decree from the Court. It can state that all insurance coverage must stay in place, it can state that beneficiary designations or wills not be changed, essentially maintaining the status quo of the parties until the Court can determine what should happen. Sometimes this order is informally called a status quo order, but this is not the proper terminology.

    Again, you really need to retain an attorney to help you with this process.

    www.integrityoregon.com

    Good luck!

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  • Should I hire a lawyer when being denied help from police

    My brother was recently diagnosed with bi polar. He was released from the hospital after about 10 days..hes been out for 5 days now and became delusional again so we called the cops to take him to the hospital as we were told to do by his counselo...

    Robert’s Answer

    Unfortunately, it does not sound like this an issue for which a lawyer would be able to help you (or your brother). Mental health issues are to be treated in the same manner as physical health issues, but as we all know, the reality is quite different. Unless a person is currently presenting a clear and present danger to themselves or others, the police will not get involved in any substantive way. Police officers are vested with a great deal of discretion in how they respond to the various issues with which they are faced, and they (usually) simply don't have sufficient training in mental health issues to handle these kinds of things. Hopefully your brother's situation has been handled properly and he has been stabilized since this whole thing occurred.

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    Good luck!

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  • Can tape recorded conversations be used as evidence in court if the other party doesn't know they are being recorded?

    I am in the process of finalizing custody. I have a feeling he is recording our conversations.

    Robert’s Answer

    Oregon is a so-called "one party" consent state. As long as one person who is a party to the conversation consents to the recording of a telephonic conversation, that recording is legal. See ORS § 165.540. So, as long as any other person who was invited to the conversation (i.e.: made the call or answered a call made to him), then the recording is legal. This applies to a telephone or in-person communication made _exclusively_ in Oregon.

    If the call crosses state lines, then the recording must comply with the law of both states (the origin and destination of the call) and with federal law. Your mileage will vary depending on the origin and destination of the call(s).

    www.integrityoregon.com

    Good luck!

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  • Can tape recorded conversations be used as evidence in court if the other party doesn't know they are being recorded?

    I am in the process of finalizing custody. I have a feeling he is recording our conversations.

    Robert’s Answer

    Oregon is a so-called "one party" consent state. As long as one person who is a party to the conversation consents to the recording of a telephonic conversation, that recording is legal. See ORS § 165.540. So, as long as any other person who was invited to the conversation (i.e.: made the call or answered a call made to him), then the recording is legal. This applies to a telephone or in-person communication made _exclusively_ in Oregon.

    If the call crosses state lines, then the recording must comply with the law of both states (the origin and destination of the call) and with federal law. Your mileage will vary depending on the origin and destination of the call(s).

    www.integrityoregon.com

    Good luck!

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  • Why would a harassment complaint be dismissed? Can I file a civil suit against her?

    I filed a complaint with the police against a woman from my husband's job who continuously sent me letters and packages claiming my husband was cheating with various woman at work. For five months I received these things anonymously until she conf...

    Robert’s Answer

    Can you file a civil suit, certainly. However, it is not at all clear that you could _win_ a civil case against this person, or that she has any money from which to collect any judgment which you might win. The best revenge is living well, and dragging this unfortunate situation out for several more years in the hunt for financial compensation is not going to lead to any form of closure or healing for your family.

    The applicable tort doctrine would likely be the Intentional Infliction of Emotional Distress, under NY Civil Rights Law §§ 50-51. The essential elements of this tort are _very_ difficult to prove and the tort itself is disfavored in Court. In order to prevail, you would have to allege and eventually prove the following:

    1) Extreme and outrageous conduct;

    2) Intent to cause, or disregard of a substantial probability of causing severe emotional distress;

    3) A causal connection between the conduct and injury; and

    4) Severe emotional distress.

    The leading case on this tort is Howell v. New York Post Co., 612 N.E.2d 699, 701 (N.Y. 1993) wherein the Court found that, “[l]iability [for intentional infliction of emotional distress] has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Id., 612 N.E.2d at 702-03. It does not sound to me like you have this kind of case -- trashy gossiping behavior is pitiful, but is not "beyond all possible bounds of decency."

    Again, the best revenge is living well.

    www.integrityoregon.com

    Good luck!

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  • If you are banned from an establishment, but that establishment is bought out by another company does that lift the ban?

    I was asked to leave after my ex made a scene in a bowling center. I have not been back in 7 years. The company recently filled a chapter 11 and was bought out. Can I re- enter now?

    Robert’s Answer

    The Code of Virginia prohibits what is commonly called "trespass after warning." See Va. Code § 18.2-119. This offense is punished as a Class 1 misdemeanor, which could lead to a sentence of up to a year in jail. There certainly could be a defense mounted based on the "owner" of the property having changed. Your prior warning was issued by the owner as of seven years ago -- the new owner has not warned you to stay off the premises. This kind of statute has some extra scrutiny applied to it, for its potential to infringe on protected First Amendment protected conduct, since it could easily be used or enforced in an impermissible way. See Virginia v. Hicks, 539 U.S. 113 (2003).

    Rather than trying to mount a defense to a charge of trespass after warning, it might avail you to simply approach the new owners and ask them to specifically release the warning. If done in an up-front and polite way, this would likely lead to a much better outcome. Getting explicit permission in writing saying that you are welcome to come into the property as of a certain date would certainly be a complete defense to any trespass after warning charge(s). If you can show seven years of compliance and good conduct, the new owners might well be happy to have you back on the property.

    www.integrityoregon.com

    Good luck!

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  • Is there any provision in the Virginia Code that permits the award of attorney's fees in suits to impeach or set aside a will.

    is there any provision in the Virginia Code that permits the award of attorney's fees in suits to impeach or set aside a will.

    Robert’s Answer

    • Selected as best answer

    Virginia adheres to the so-called "American Rule" where each side bears their own litigation costs. A contract or statute may provide for the recovery of attorneys’ fees. However, the determination and award of those fees is within the discretion of the trial court. An award or denial of attorneys’ fees will only be overruled on appeal for abuse of discretion. See Ingram v. Ingram, 217 Va. 27 (1976).

    In certain situations, as defined by statute, the executor of an estate or the trustee of a trust may be able to pay his attorneys fees out of estate funds (as opposed to his or her personal funds) in defending himself against charges of misconduct.

    One exception to the American Rule is if the plaintiff can prove actual fraud. Undue influence in the execution of a will is considered a type of fraud by Virginia courts, so it is possible to get an award of attorneys fees in an undue influence case. In most situations, if you successfully challenge a will, your attorneys fees and other litigation costs likely will_ not_ be recoverable unless the will is declared invalid based on outright fraud by someone. In my experience, this is the exception rather than the rule.

    www.integrityoregon.com

    Good luck!

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  • HOw to retain my license? was cited for no insurance on my new vehicle which I drove with my other car's tag on it

    I have no criminal background and no criminal intent on usage. Was cited also for hiding identity of a vehicle also. I have perfect driving record. It was a new vehicle I had just purchased from the dealer. Did not have sales slip with me at that ...

    Robert’s Answer

    You are going to need professional help with this matter. You are not going to be able to mount a successful defense to the charges under the facts you have outlined. The dealer did not put temporary tags on the vehicle? How exactly did the tags from your other vehicle end up on the new vehicle? Those are the first two questions which the prosecution will beat you with, there will be others.

    Many attorneys will offer a free or low-cost initial consultation, and even an initial consultation might give you sufficient facts on how to proceed and what you are facing. If you want to keep your license, your best best is to get professional (legal) help.

    www.integrityoregon.com

    Good luck!

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  • Can my husband legally take me off his medical insurance?

    My husband and I have been fightinh and he has threatened to take me off his health insurance. Can he legally do that?

    Robert’s Answer

    Yes, he can under the current circumstances you present. However, since you are still married, your spouse remains responsible for "essential" medical care. There are several ways to accomplish this, but the two most common ways are to 1) provide health insurance for the spouse, or 2) pay out of pocket for the essential medical care. Typically providing health insurance would be far less expensive than to pay out of pocket.

    The definition of "essential medical care" is subject to some dispute, but the bigger the medical bills, the greater chance that the care will be deemed essential. A stop to the doc-in-the-box for a hangnail probably not "essential" and might cost you a couple hundred dollars. A week in the Intensive Care Unit for a heart attack will almost certainly be considered as "essential" and that could easily cost you a couple hundred thousand dollars.

    If a filing for divorce is in the cards, then the Court has the authority (if a proper request is made) to direct both parties to either 1) continue all existing insurance and benefits coverage then in place, or 2) set up specified insurance coverage and benefits pending a final settlement award.

    If divorce is in the cards, you will need to have professional help -- for a major life change backed up with the enforcement power of the Court you cannot do this yourself.

    www.integrityoregon.com

    Good luck!

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  • Can the D.A. ask about previous crimes even when the defendant was not proven to be the responsible??

    It's for academics purposes.

    Robert’s Answer

    You don't supply nearly sufficient detail to actually answer the question with any level of certainty. Does the District Attorney have the constitutional or statutory authority to "ask about" prior conduct of a criminal defendant? The answer upon depends on what stage the proceeding is in at the time...

    For investigatory purposes, of course. The DA has a duty to investigate any and all leads which might lead to the revelation of other chargeable conduct.

    In a bail hearing to determine whether the defendant will be release pending trial, certainly. The rules of evidence do not apply (even though the rights of counsel has attached) and the standard of proof is probable cause, so the DA will typically tell the Court about everything which the prosecution thinks will help out its case.

    In a contested trial in front of the jury, probably not. The DA cannot try to introduce evidence which is unduly prejudicial to the defendant, nor to try to prove "prior bad acts create character of guilt." The federal courts have adopted a "conditional relevancy" evaluation under the case Huddleston v. United States, 485 U.S. 681 (1988). Under state law, your mileage will vary since the decision was rendered under the _Federal_ Rules of Evidence and thereby is not binding on the states. The FRE 404 analysis of Huddleston is typically adopted by states following the FRE or having their own version of the FRE, but other states will potentially have their own rules.

    For sentencing, the DA can generally use prior uncharged conduct or even acquitted conduct against the defendant.

    www.integrityoregon.com

    Good luck!

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