Ex-girlfriend alleged stalking and text harassment. Judge dismissed stalking complaint as not meeting definition of stalking. DA filed telephonic harassment charge. I can only defend myself if I have my phone to prepare my case. DA ignores my requ...
You can file a request for discovery. If that request is ignored, your attorney can notify the Court and seek to have evidence suppressed on that basis.
If you are accused of a crime, then you have the right to be appointed an attorney, at taxpayer expense, if you can't afford one. It is absolutely vital that you have an attorney representing you if you're accused of a crime. The DA will not take you seriously if you do not. Nowhere is this more urgent than in Washington County (which is where I infer your case is, based on the 'location' field in this question). Washington County has a reputation for being especially harsh on criminal defendants. This is not a matter to attempt on your own. Consult in private with an attorney immediately.See question
I was told through a text that I had a founded case for not dealing with my son, removing him, in a certain time frame, of which I do not know, although I did it as fast as possible, once I heard allegations of sexual abuse against him. The worker...
CPS has no obligation to reply to your correspondence or answer your questions at all. However, their failure to do so could be used in your defense if they later allege that you have failed to act on their instructions. It is important to understand that CPS does not have as much power as they like to make you think they do. CPS's only real power lies in getting the State to file cases with the juvenile court. This is how they can remove children from homes that present a risk of harm. If that happens, then you have the right to a hearing before the Court within a very short time frame; and the burden is on the state to show that the removal was proper. Which is not to say that parents can't feel railroaded through this process. Juvenile court judges see a lot of nonfunctional parents and don't have time to give each case the attention it deserves. This is why it's so important to have an attorney representing you in your dealings with DHS.See question
I'm the CP and took my child out for a family vacation during this school year for 6 days. The NCP found out, and says I can't take the child out of school for family vacation. I never advised the NCP that I was taking the child out of state. NCP ...
If a parent takes a child out of state or otherwise makes them unavailable for parenting time with the other parent, then the other parent can file a motion to enforce parenting time. The parent who was denied parenting time can ask the Court to award them makeup time with the child to replace that which they lost, and for the parent who wrongfully took the child to be ordered to pay their attorney fees.
If, however, the child's other parent lost no parenting time as a result of your trip, then there is nothing to enforce. Your co-parent could, I suppose, file a motion to modify custody and parenting time, but they wouldn't be able to argue that you'd denied them parenting time as a basis for that motion. The only real argument they could make might be that you weren't acting in the child's best interests by taking them out of school. This seems like a very weak argument for them to make, particularly if the child is making up their missed studies and is doing well in school. So while your co-parent almost always "can" "take you back to court" in theory, they don't have much of a case to make here. It sounds like they are trying to bully and intimidate you. You needn't let them. Unless your custody and parenting time judgment explicitly says that you aren't allowed to take the child on vacation during the school year, then you are entirely free to do so, provided they don't violate any laws or school rules by missing too much school.See question
I've had sole custody for over a year and I asked the kids step grandma to watch the kids for a month of the summer she ended u fighting me for custody in her state,which did not have jurisdiction so they dismissed it. I got my kids back after two...
You can request review of any custody order granted on an "immediate danger" basis. If you do, the Court is supposed to hold a hearing at your request within 14 days if possible, or 21 days at the outside. At the hearing, the burden of proof is on the person who sought the order to prove, by clear and convincing evidence, that the child really was in immediate danger of imminent physical, psychological, or emotional harm, if left in your custody. This is a very hard standard to meet. Without knowing the allegations made or the facts of the case, it's impossible to predict what might happen at such a hearing; but the burden to maintain such an order is a heavy one.
A person can only file for an "immediate danger" custody order if a custody case is already before the Court. So your children's grandmother must have filed a custody case here as well, which will need to be dealt with. Grandparents have no inherent rights over their grandchildren. Oregon law makes it possible for a non-biological-parent, including a grandparent, to sue a child's biological parents for custody of, or parenting time with, that child. However, Federal law and the U.S. Constitution makes this kind of suit extremely hard. To prevail, the non-parent must first plead, and prove, that they have developed a long-standing parent-like relationship with the child. Second, the law presumes that parents act in the best interests of their children; the non-parent must rebut (disprove) that presumption. So again, the law is on your side, but you must take action to enforce it. You should consult with an attorney in private for assistance with this.See question
My bio sister is living with our adopted mother who has denied me visitation rights to my sister without court. Reason for denying me visitations with my sister is because I turned her in for physical and mental abuse and her husband for sexual ab...
If your mother is willing to agree to you moving in with your sister, you can; no law prohibits it. If she did agree, then she would be wise to sign a power of attorney form authorizing her to get you and your sister medical care, to talk with your teachers and enroll you in school, and so on.
If she won't agree, then it's much harder - almost impossible really. The only real thing you can do, if you are concerned that you are at risk of imminent harm, is to call the child abuse reporting hotline. Every Oregon county has a 24-hour hotline for reporting abuse and neglect of children. When you make a report, the Department of Human Services (DHS)'s Child Protective Services (CPS) division will dispatch an investigator, accompanied by police if appropriate, to make a report. If abuse or neglect is found, the state can initiate a juvenile dependency proceeding and remove you from your parents' care. Normally this means going into foster care, but you may be placed with a suitable relative - although the state will not choose a minor for this. So there is no guarantee: no guarantee that CPS will find abuse; no guarantee that the state will file a juvenile case, and no guarantee that you will be placed where you want. No one is really in control of these proceedings, so they shouldn't be used casually. Still, this is an important resource if you are at imminent risk of harm.
You should probably start by talking to a teacher or other adult you can trust about the problems in your home. They have access to some of these resources and can better assess what is appropriate than anyone can do over the internet alone.
You can also call the Oregon State Bar's Lawyer Referral Service at 503-684-3763, and ask about the Problem Solvers program. Attorneys who participate in this program agree to take meetings with minor children, at no charge, to help with problems like this. This is a better way to get advice than to base it only off a few sentences over the internet.See question
how to talk to a judge about my divorce
If there is an active legal case, you can only "talk to a judge" about it in a court hearing, at which the opposing party (that is, in a divorce, your spouse) has been given the opportunity to appear as well. To avoid any impartiality, judges aren't allowed to talk to one person in the case unless the other side is also present. If you have a matter that requires a judge's attention, you must file an appropriate motion with the Court, serve a copy upon your spouse (that is, have one delivered to them, by mail or other legal means), and ask for a hearing to be scheduled. The judge will hear evidence and legal arguments from both sides and make a decision.
Beyond that, I'm afraid there's not enough information here to say much (please see this Guide: https://www.avvo.com/legal-guides/ugc/five-tips-for-how-to-ask-for-legal-advice-on-avvocom ). You should consult with an attorney in private if you need more guidance. The internet can't be an adequate substitute.See question
I'm in Portland Oregon and I'm wanting to move to Pendleton Oregon we have the final hearing tomorrow I know I will get custody but I know he will not. Just let me go even though he has not been a father to our kids and has even. Lied in court abo...
Most child custody judgments contain a provision that states that neither parent is permitted to move their children more than 60 miles further distant from the other parent without the other parent's approval, or an order of the Court. If a parent does so, then the other parent can ask for a change of custody on that basis. Oregon courts do not approve of parents unilaterally moving their children away from each other.
If you haven't gotten a judgment yet, then this is something you need to address with the Court at your hearing. You can ask the court for permission to move - you will need to show why the move is in the children's best interests.See question
Cps took my kids after beating the accusations in court for why the case was open then as my witness in court against the fathers accusations weeks later gave me a safety plan from more false accusations from same person that opend the case( kids ...
It's a bit hard to understand what you've written here (please see this Guide: https://www.avvo.com/legal-guides/ugc/five-tips-for-how-to-ask-for-legal-advice-on-avvocom ). However, if the question is, can you just go pick up your children from their father's house if they've been removed from your home and placed there by DHS, on the basis that you won a custody case against the father, then the answer is, no. You "can," in that it's physically possible, but you probably shouldn't; if you do, then DHS will likely just remove them from you again, and will take further action to reduce your rights over them in the future. You need to work within the legal system, not take unilateral action outside of it, to have its approval and have long-term stability for your children. Without knowing the legal history and procedural posture, it's hard to give too much specific advice. You should consult with an attorney in private for assistance with this.See question
I was texting an escort, she face timed me for like a few seconds so that she can prove to me that she was real, than wanted to continue texting. She said I need to tell her how much I was going to give her, I said 100 for just her time, not neces...
Under Oregon law, "a person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee." This is ORS 167.007. Violation is a class A misdemeanor. The maximum penalty is a year in jail or a fine of $6,250. The maximum penalty is almost never assessed unless someone has an extensive criminal history.
Whether your exact conduct could result in a criminal conviction really depends exactly on what you said. You don't have to engage in a sex act to be charged with or convicted of prostitution; but just talking to an escort, without more, does not violate the law. You need to actually offer sexual contact in exchange for a fee to be convicted.
I should also point out that it doesn't sound like you've been caught at this, or are likely to be so. If you are approached by the police about this, you should say that you don't want to answer any questions until you talk to a lawyer. You should then NOT SAY ANYTHING ELSE TO THE POLICE AT ALL. Do not offer excuses, do not say what you said, do not try to persuade them that you are innocent. That never, ever works. All that said, it seems extremely unlikely that the police or anyone else will ever even find out about this, just based on the description you've provided.See question
I lived in France for a year and became friends with a local, who later convinced me to have a more romantic/sexual relationship. When I left, he became very strange, emailing constantly, booking a trip to visit me in the US without telling me. W...
There are three main kinds of restraining orders under Oregon law: Restraining orders under the Family Abuse Prevention Act; Stalking Protective Orders; and Elder Abuse Prevention Orders. Only the first two seem likely to be applicable here.
You can ask the court for a restraining order under the Family Abuse Prevention Act (a FAPA order) if, within the previous 180 days, you have been physically harmed, threatened with physical harm, or forced to engage in sexual acts against your will. The perpetrator can be any person in your family or any person with whom you've had a sexual relationship in the past two years, or any co-parent of your child. It sounds like none of these things have happened here, so you wouldn't qualify for this type of order. You may instead qualify for a Stalking Protective Order.
You can ask the court for a Stalking Protective Order against any person who has repeatedly (two or more times) had contact with you that made you fear for your safety, or the safety of a family member. That fear must be objectively reasonable, as determined by a judge.
The procedures for all types of restraining orders (in Oregon) are similar. You must submit a petition to the court, describing the conduct that justifies the restraining order. Your local courthouse has forms available for this purpose. A judge reviews the petition, and, if your description meets the requirements, signs the initial order. You must then have that order served upon the person being restrained (the 'respondent'). You cannot do this yourself, but any other adult who lives in the state can do it. The county sheriff's office often performs this task, for a nominal fee (usually about $35). Once the order is served upon the respondent, it is effective immediately, and that person is prohibited by law from contacting you. Violation of a FAPA order is punishable as contempt of court. Violation of a Stalking Protective Order is a crime: The first violation is punishable as a class A misdemeanor; any subsequent violation is a class C felony.
Once the respondent is served with the order, they have the right to request a hearing. This is done by filing a form with the court, within 30 days of being served. Sometimes the hearing will be scheduled automatically, without their request. At this hearing, the person asking for the order (the 'petitioner') must show that the allegations in the petition are true. But they only must show this by a preponderance of the evidence - a greater than 50% chance.
The absence of a criminal conviction - or even an arguable crime - is not a reason for a court to deny a restraining order. The trouble is that a court of Oregon or any other U.S. state likely has no jurisdiction or ability to enforce its orders over someone who lives in another nation. You would probably have to seek a restraining order in a French court, using whatever laws they have for the purpose, if you wanted an order enforced against this person while he was in France. You could consult with a French attorney to see what remedies they had available there.See question