Let's say hypothetically I was the one with a restraining order filed against me and the victim of said restraining order showed up to my work while I was on shift, what am I required to do? Am I supposed to lose hours at my job? What are my options?
Legally, you are required to follow the terms of the restraining order. Failure to do so may have severe consequences. Pragmatically, you must deal with the situation as your see appropriate, understanding the consequences. The burden is on you to avoid contact, even if the protected person attempts to initiate the contact. While often discussed in the family law area, I would also pose the question to the criminal law section.See question
I want to establish paternity of my daughter (i.e. a DNA test) and I am the alleged father. I can not go through the division of child support. I have to do it in the court's in my own. How do I do this? Also what is the timeline for it. For examp...
While I absolutely agree with the advice above, you may also seek assistance at your local family resource center. There are forms available, but understand that this may not be a simple check-the-box matter. Good luck.See question
I have custody of my 2 year old daughter and her father (the non custodial parent) is saying that he has the right to all these things with her and I don't know if that is accurate or not. All he gets are court ordered visitations every other week...
Look to your judgment for the answer to you question. It should provide you with the scope of his authority during his parenting time. Good luck.See question
Our daughter has a medical issue. I have been on top of taking her to doc appointments, seeing specialists and ongoing therapy. I have been very upfront w my ex about it & left the door open for him to be at the appointments as well. He recently b...
I agree with Attorney Bodzin.
You should start with a letter, both to your ex, as well as to the medical provider.
Tell ex that any medical decision requires your involvement (so long as that is consistent with the dissolution judgment or other controlling documentation); further, tell medical provider that you have custody and that all releases are to go through you. Medical providers are extremely tight lipped given today's regulations and, quite frankly, I am surprised to hear that such a provider would even speak to a third party without express authorization. If the provider has received authorization from your ex, then he likely made a fraudulent representation that he had authority to make such an authorization.
That said, your husband may share the information he receives with those he chooses. However, if that third party is causing undue stress on your child's situation, you may wish to limit you ex's ability to share this information by returning to court and asking the court for such relief (it never hurts to ask). Ultimately, this is where you may end up anyway.
With that, you should check your dissolution judgment; you may be entitled to attorneys fees for purposes of enforcement.
Good luck and contact a family law attorney in your area immediately to discuss the specifics of your matter.See question
My son's 1st grade teacher testified against me at a show cause hearing. The teacher testified to her own observations that she felt that my son showed but better ready to learn from his mothers house than my house. Since public school teachers...
I respectfully disagree with my colleagues, but provide the caveat that we may also be looking at the question from different angles and have different understandings of the question asked.
There are state and federal laws that may limit a teacher's ability to testify in a civil proceeding. For example, in Oregon, ORS 40.245 sets forth a School Employee-Student privilege, which may or may not be applicable in your situation. I have attached a link to this section below. You should immediately consult with family law attorney experienced in trial practice to discuss your matter.
Good luck.See question
He removed my name from the mailing list and removed my access to MyChart so I can't see doctors notes or visit. He has sole custody. Is he in contempt of the divorce judgment?
After reviewing the answers and the comments, I believe Attorney Bodzin provides you wish sage advice. Good luck to you and don't give up.See question
I have used my maiden name throughout the course of my marriage. Is it illegal to use my maiden name without the use of my husband's name? I have done this for years, but now are now residing in Washington State. I have used this on a lease (ho...
If your maiden name is your legal name, then I see no issue. However, if you legally changed your name when you got married, but are still using you maiden name, you may run into issues. Furthermore, and more importantly, it depends on what you are signing and your intent behind using your maiden name. For legal documents, you should use your legal name. For documents that are contractual in nature, your signature (whichever name) indicates intent to enter into the agreement, but if your intent is to mislead a person as to your identity, you should consult a lawyer to understand the risks associated.
Further, you should consult a Washington attorney, as that is the jurisdiction for which you are asking. Good luck.See question
And apply the case where the surviving ex-spouse lives outside of US. How will this fact affect the Law? Thanks
I agree with Attorney DeBast. I would only add that the fact provided regarding your ex-spouse living outside of the US would have little relevance in general. Of course, consult with a family law attorney or an estate planning attorney for specific advice. Good luck.See question
My 13 year old daughter was removed from our/her home at 1 am Sat. 2 local officers, an "order of assistance ", and an old custody decree-issued in another county to her bio-mom when she was 2 was all it took. My wife, myself, and 4 children (incl...
You need to seek legal counsel immediately. There are several variables in your case that may affect the outcome and an experienced family law attorney will be able to address each with you during an initial consultation. Good luck.See question
It is a high conflict divorce with two requests for retraining orders and a stalking order. They were all challenged in court and denied, but she has successfully kept no contact policy in effect for three years. All exchanges the last two years t...
If you have not done so already, meet with a family law attorney in your area. Oregon public policy is to assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interest of the child. ORS 107.101(a). Thus, continue exercising your parenting time when provided and don't forget to maintain contact by telephone and/or Skype as appropriate to maintain the relationship. Further, start taking parenting classes. Show that you are willing to make an effort to better yourself for the benefit of your son. Good luck.See question