Shannon L. Hall’s Answers

Shannon L. Hall

Salem Child Custody Lawyer.

Contributor Level 13
  1. How long does a judge have to rule on a family law matter regarding custody?

    Answered over 1 year ago.

    1. Shannon L. Hall
    2. Diane L Gruber
    3. Christopher Palmer
    3 lawyer answers

    There is not really a time limit, but Oregon uniform trial court rule 2.030 says that if a matter is under advisement for more than 60 days the parties are supposed to contact the judge in writing and call it to the attention of the court. If more than 90 days have passed and there's still no court ruling the rules say that you are supposed to again write the judge and send a copy to the presiding judge of the court. It is best though to call the judge's staff first and informally bring it up....

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  2. Once served divorce papers (by an offical server), is it true the person served has 30 days to respond, or the divorce goes ahea

    Answered over 1 year ago.

    1. Shannon L. Hall
    2. Jay Bodzin
    3. Diane L Gruber
    4. Edward Brandon Beckham
    4 lawyer answers

    The responding party has 30 days to respond to the Petition, yes.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I got a restraining order against my husband 2 years ago. He was to visit our son for 2 hours. Just heard from him today...

    Answered over 1 year ago.

    1. Shannon L. Hall
    2. Diane L Gruber
    3. Paula Brown Sinclair
    3 lawyer answers

    If the restraining order you have is a Family Abuse Prevention Act Restraining Order, they only last one year unless you renew them. If you did not renew it, it is most likely no longer in effect. You should contact the court that issued it to double check. If it is expired, the provisions are no longer enforceable (including provisions requiring him to stay away, FYI). The State's goal is to have parents involved if they can act in their children's best interest (that is sort of a low...

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  4. My children's father says I have no chance getting my children back

    Answered over 1 year ago.

    1. Shannon L. Hall
    2. Jay Bodzin
    2 lawyer answers

    I completely agree with Mr. Bodzin - don't listen to your ex - go talk to an attorney. The court's goal is to do what is in the children's best interest - every family has different circumstances. There is no bright line rule that says it is not in a kid's best interest to give custody or more parenting time just because you are a single mother of three. If you want to enforce the time you already have ordered, file a motion asking the court to enforce the order and require your ex to let you...

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  5. Under ORCP 42 it says: "reserved for expansion" What does that mean?

    Answered 2 months ago.

    1. Shannon L. Hall
    2. Ryan Hamilton
    2 lawyer answers

    You probably should be looking at ORCP 43, not 42. Reserved means they are saving that number for a future spot to put a new rule.

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  6. Current Div. Custody, Child and Spouse support. Restraining order granted on "Intimidation" B.S. Lane County Or & My attny quit

    Answered over 1 year ago.

    1. Shannon L. Hall
    2. Jeffrey K. Traylor
    3. Jay Bodzin
    4. Joanne Reisman
    4 lawyer answers

    Have you tried Access the Law or Modern Law in Eugene? They do a sliding scale rate based on income.

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  7. If you go to contest a restraining order that is on you and it ends up not being dismissed, are they saying you are guilty?

    Answered about 1 year ago.

    1. Shannon L. Hall
    2. Jay Bodzin
    3. Jared Justice
    3 lawyer answers

    The restraining order is a civil proceeding not criminal. The petitioner has to be prove the elements of the statute-that abuse occurred within the last 180 days and that there is an objectively reasonable fear that future abuse will occur without the order. If the petitioner proves those then the restraining order is continued. You won't be sent to jail as part of that case. However if you have already been arrested for the incident at issue, and criminal charges are pending, you should talk...

    6 lawyers agreed with this answer

  8. Is mental illness, including severe depression and/or anorexia grounds for annulment?

    Answered over 1 year ago.

    1. Shannon L. Hall
    2. Diane L Gruber
    3. Jay Bodzin
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    No, I highly doubt that. Oregon has a simple divorce process called "summary dissolution" that allows divorce without a hearing in most cases if you meet the requirements. You can read about the process here (packet 1A): http://courts.oregon.gov/OJD/OSCA/cpsd/courtimprovement/familylaw/pages/flpacket1.aspx#A

    6 lawyers agreed with this answer

  9. My wife and I need to make our separate wills, I have a son that I get time with how do I make sure he has contact with my fam?

    Answered about 2 years ago.

    1. Shannon L. Hall
    2. Orion Jacob Nessly
    3. Eric Jerome Gold
    4. Chase N Morinaka
    4 lawyer answers

    I have added the estate planning practice area to your question to see if those attorneys have thoughts on this. But if it were to come to litigation to get your wife time with your non-joint son , she could file a petition under ORS 109.119 if she has established a child parent or ongoing personal relationship as those are defined in the statute. It's not a simple process so she will need an attorney. If you havent spoken with your son's mother about it you should. Maybe she would be willing...

    6 lawyers agreed with this answer

  10. Which documents would start the process of enforcment of parenting time? A motion to show cause or a petition to show cause??

    Answered 3 months ago.

    1. Shannon L. Hall
    2. Jay Bodzin
    3. Conrad G Hutterli
    3 lawyer answers

    I agree with Mr. Bodzin that you should seek legal advice in your county. Generally though (since I have not read your case documents), the Petition is filed when you are seeking relief in a county or state court that did not issue the judgment for the underlying parenting plan. There would also be other documents required if your plan is from another state or county. If it is the same county and case, a Motion and order to show cause would be used. You should at least invest in a...

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