Skip to main content
Jay Bodzin

Jay Bodzin’s Answers

8,093 total

  • How does interstate child support work?

    I'm currently living in Oregon and the kid's are living with mom in Arizona she told me yesterday she met with Az child support. I'm currently unemployed and struggling to find a job. I have no idea how child support work's so I don't know what to...

    Jay’s Answer

    It's complicated, but the general rule is that child support is ordered by state where the child lives, and is then enforced against the obligee (that is, the person who must pay it) in their state. So in this case, Arizona will be issuing a child support order, which, if imported properly, Oregon will enforce. You may want to consult with an attorney who practices in Arizona to see what kind of input you can have into the support order.

    See question 
  • Will I get criminal or civil penalties for knowing it had hep c and I passed it on to my boyfriend

    Without telling him i had it.

    Jay’s Answer

    This is a duplicate post. This question was also asked and answered here:

    The answer is yes, potentially. You can be charged with assault for failing to disclose a known STD that causes a partner harm. Civil penalties would depend on your boyfriend taking action against you.

    People need to be honest with each other about their sexual health. It's a moral as well as legal imperative.

    See question 
  • Could I get legally or in civil trouble

    I have hepc. I was told by Dr's and nurses it is highly unlikely to transfer sexually. I didn't tell my boyfriend and now he may have it. Could i be in trouble civil or criminal

    Jay’s Answer

    Yes. Under Oregon law, a person who knowingly transmits a sexually transmitted disease to another person can be charged with second-degree assault under ORS 163.175. A lethal STD such as HIV can result in an even more serious charge. My understanding of hepatitis C is that it is sometimes treatable and can even be eradicated, but under certain circumstances is uncurable and lethal. So much could depend on the medical care that your boyfriend receives and the outcome of his treatment - whether he actually experiences an injury affects your potential liability. He needs to seek treatment immediately.

    People who do not disclose their known sexual health issues to their partners are bad people and should feel bad. Stop that this instant.

    See question 
  • Can I file a motion for a judge to be recused at any time after a hearing date on a child custody matter has been set?

    There is a hearing set in February 2017 for a judge to hear argument regarding custody of my now older teenage sons. I have had this judge in the past, in fact, he has been the presiding judge assigned to us for the last 6 years. In the last 6 y...

    Jay’s Answer

    No. Oregon law allows a party to exclude a judge from a case, but the motion to exclude must be made at the time the judge is assigned to hear the case, before they have made any rulings in it. The motion need not give any particular reason for the requested exclusion; it must only state that you do not think you can get a fair hearing before that judge, and that the motion is made in good faith and not for purposes of delay. The judge being excluded has the right to challenge the motion; if they do, the challenge must be heard by another judge. The only issue at the hearing is whether the motion is, in fact, made for purposes of delay. You can only do this twice per case.

    The critical bit for you is that the motion must be made at the time the judge is first assigned to the case, before they've made any rulings. This rule is intended to prevent people from doing exactly what you are wanting to do now: getting rid of judges who have heard the evidence and decided against them. At this point, you will not be able to exclude the judge from the case; you will have to deal with the judge's rulings by addressing the issues that the judge identified as problems, or, if they really are applying the law against you incorrectly, by appeal once a final judgment is made.

    See question 
  • How do I stop a status quo on my children? The judge signed her paperwork b4 ours and we entered ours first? We tried immediate

    The judge signed the defendants paperwork before ours that we filed first and we tried immediate danger and the judge denied it. We want to stop the girls from going to their moms for safety reasons. Can we fight the status quo ? Or do we have to ...

    Jay’s Answer

    There is no way to advise you based only on the limited information in this post. I can tell you that "immediate danger" custody petitions are not supposed to be easily granted. To get such an order entered, you must have an active petition or motion to establish or modify custody before the Court, and you must plead that facts that indicate that the child is at immediate danger of serious physical, psychological or emotional harm if left with the other parent. The other parent has the right to request a hearing, which must be held very soon; the parent seeking the order has the burden of proving that the child really was at risk of harm, by clear and convincing evidence. It is not an easy standard to meet. Parent often allege abuse by their co-parents in these cases; as a result, courts tend to view these claims with a somewhat critical eye.

    A "status quo order" can be challenged as well, though the challenge there is limited to the question of, does the "status quo" described in the order petition accurately reflect the child's placement and schedule? This applies status quo orders, which are entered after a judgment has been on file with the court already and is being modified; it also applies to pre-judgment orders, which are often, incorrectly, called "status quo orders" by attorneys and laypeople alike (they are technically "temporary protective orders of restraint"). The procedure for getting these different types of orders is slightly different and it's not completely clear to me which kind you are dealing with here.

    In general, the law makes it difficult for any parent to unilaterally deny the other parent contact with the child or compel a child to be removed from their home. We don't want parents doing this to their children all the time; the removal from the home or parent can be nearly as traumatizing as abuse, sometimes.

    Ultimately, this problem will not be solved by anything anyone can say over the internet. You should consult with an attorney as soon as possible, for a thorough review of the matter. I know that isn't the most helpful answer to get, but it is the only accurate one.

    See question 
  • How do i get a fair hearing in family court when the judge has held three hearings without notifying me?

    Tried to modify a fapa order three times just to see my lil girl and they held the hearings without notifying me or my attorney. He quit because of the abuse and is afraid of retribution if he reports them.

    Jay’s Answer

    This isn't supposed to happen, obviously. The Court sends out notices of scheduled court proceedings to all parties or attorneys of record. FAPA cases are sometimes expedited, with hearing scheduled only days in advance, so that can cause problems; but a vigilant attorney will monitor the court database and keep you posted about court dates.

    The second allegation is equally mysterious. Attorneys do not generally quit cases due to "abuse", unless the abuse is directed at them by their own client.

    All I can say is that you should take your concerns to your attorney, and if the answers you get are not satisfactory, you are free to discharge your attorney and hire another one. It can be hard to find representation in small towns - I have only once taken a case in Yamhill county, and my recollection was that there were only about three attorneys practicing family law out of McMinnville. I had to drive about two hours each way to get there, which does increase the cost of representation somewhat, but that is one of the costs of living in these areas.

    See question 
  • How does the age of consent work with "cybersex" across international lines?

    In the US, the age of consent is 18. In the UK, it's 16. How does this apply to "cybersex?" For example, if a person who is 18 in the US engages in sexual roleplay over chat with a person who is 16 in the UK, would this be a crime? Assume no p...

    Jay’s Answer

    First of all, it's important to emphasize that attorneys licensed in Oregon can give advice only about Oregon and U.S. law. For advice about the legal consequences that could be imposed in the U.K., you'd have to consult with a barrister or solicitor who practices there.

    I am obliged to point out, first, that the U.S. and Oregon law both have serious regulations on the creation, possession and distribution of child pornography - which we define as any sexually explicit image of a person under age 18. (18 is the age of consent in Oregon, although not necessarily all other U.S. states; it is also the age set as a minimum for non-child pornography under Federal law.) Whether that person is above the age of consent in their home country is irrelevant under our laws - possession of images of that person can be a serious crime.

    Second, I can also tell you that Oregon makes it a serious crime to engage in explicit sexual conversation with a child with any offer or agreement to meet them. Under ORS 163.432, this is a class C felony (or worse if you take an affirmative step towards meeting them). Again, whether the person is above the age of consent in their home country is irrelevant - what matters is whether they are over the age of consent here. There is also an 'affirmative defense' available if you are no more than three years older than you believed this person to be (ORS 163.434(1)). Note that this defense does not apply to child pornography laws - giving us the somewhat absurd situation in which minors can be, and are, prosecuted for "creating child pornography" by taking pictures of themselves.

    Having said all that, Oregon law does not by statute prohibit "sexual roleplay" in the absence of an intent to meet the person or exchanging pictures. However, given how zealously these laws are policed, it is not a good idea to do it anyway. You don't have to be guilty of a crime to be accused, arrested, tried, and convicted of it. And you don't even have to be convicted for a criminal accusation to ruin your life. There is no crime today with a greater social stigma associated with it than pedophilia. The mere mention of it is enough to destroy one's prospects for jobs, school, and relationships, forever. There is no good reason to take a chance on this. Find someone over 18 to cyber with.

    See question 
  • Am I able to go get a paper from the court to have visitation rights if my ex wife has full custody

    She has full custody but am I able to go get a paper that can say I have visitation rights

    Jay’s Answer

    It's never as simple as just "getting a piece of paper." You have the right to ask the Court to issue an order granting you parenting time with your child(ren). Almost every judgment that grants one parent custody of a child grants the other parent the right to some parenting time. Oregon courts almost never order that a parent have no time with their children at all. If your ex-wife actually got a judgment that grants you no parenting time, then that could only have happened in one of two ways: 1) she got the judgment by default, that is, she requested if from the Court and you did not contest (object to) the request; or 2) the Court found that you presented a serious risk of harm to the child in some way. The third possibility is that the judgment actually does grant you some parenting time rights. In any case, reviewing that judgment has to be the first step. You have the right to ask that the judgment be modified to grant you time with your children. The legal standard for these cases is, what is in the best interests of the children? Oregon law presumes that it is in a child's best interests to have an ongoing relationship and regular contact with both of their parents, so you have that advantage. However, if you've been absent from their life for a long time, your initial contact with them may be limited, until that relationship is rebuilt and they're comfortable with you.

    Much depends on details we don't know here - the ages of your children, the family history, and the current state of the judgments with the Court. Rather than posting all the details here - we couldn't get enough information, and it isn't safe for you - you should consult with an attorney in private for assistance.

    See question 
  • What to expect from first court date? Plead not guilty or guilty? What if I can't afford an attourney? Is jail possible?

    I was arrested last weekend with a group of friends for disorderly conduct. We were being taunted which ended up leading to a fight (we were much more on the defensive side of the fight and I got beat up pretty good). We did react to the taunting ...

    Jay’s Answer

    You need to consult in private with a criminal defense attorney immediately. Nothing we say over the internet will solve this problem for you. Do not post more details here. Do not discuss this with anyone else at all until you talk with an attorney in private. That includes discussing it on the internet, and it especially includes talking to the police or district attorney. DO NOT TALK TO THE POLICE. If they try to talk to you, you must say "I'm sorry, but I don't want to answer any questions or consent to any searches, and I'd like to speak to a lawyer, please." Or, if you want to be technical, say "I'm invoking my right to remain silent and my right to counsel." Say that, ONLY that, then STOP TALKING.

    Talking to the police without your own lawyer present can never, ever help you. The police are allowed to lie to you and trick you to get you to make self-incriminating statements. They can misrepresent what evidence they have. Or they will say, look, I'm sure this is all a misunderstanding, why don't you tell me your side of it - and then you'll say something they can use against you, and lose any chance of a defense. Do not fall for it. Do not talk to the police. Ask for a lawyer. Say nothing else. Have I made myself clear?

    Why do you need a lawyer? Only a lawyer can hold the police accountable for statements they may make to you about what evidence they have, or don't have. If you say one thing about a conversation, and a police officer says another, who do you think the court is going to believe? The police officer who's been on the force for ten years, or someone who's accused of being a criminal? People always believe officers above ordinary citizens (even though officers lie fairly commonly), if only because officers tend to be more coherent and articulate in their presentation. Only a lawyer can be sure of getting access to evidence the police hold that might help you. And only a lawyer can tell you what it's safe to say, and when you need to keep your gob shut (answer: most of the time; but it's impossible to give specifics without being there).

    You can ask for an attorney to be appointed for you, at taxpayer expense, if you can't afford one. You can do this at the court appearance, but it's better to do it pre-emptively, so you can be prepared. This is a good place to start:

    See question 
  • Is a court able to see previous legal names via background check despite having no prior credit or criminal history?

    What exact information can a court scrape up and by what means? Can they find such information by a simple state I.D. or do they require a social security number? In what particular civil petitions will a court require or likely ask for a social s...

    Jay’s Answer

    There is not really enough information here to give a clear answer. For one thing, as Mr. Mauger correctly pointed out, when they are hearing a case, courts do not do their own factfinding - they don't see anything that the parties to the case don't introduce as evidence.

    There is a limited exception: courts have access to the database that shows court actions, including the names of all parties to all cases. When you file a case, it may be necessary to certify that no other case involving the same parties and claims is pending before the court, or any other court, or that you haven't just had a similar case resolved. Sometimes courts may check to make sure you're in compliance with this when filing a new case. This seems to come up a lot in restraining order cases, for instance. It's not unheard-of that someone will file for a restraining order and have their case denied or lose their hearing, then immediately file another restraining order against the same person, hoping to have it done over until they get a result they like better. The court may be able to detect the previous cases and a subsequent order can be denied on that basis. Is that possibly what you meant?

    See question