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
My attorney won't come see me or let me explain my side of what happened. they will not request a reduced bail or even explain what I am charged with to me. How do I get this person who has already decided I'm guilty off my case?
There is no such motion. You can make a request to the public defender's office or the Court (if your county has no dedicated public defense firm or agency) that another attorney be appointed, but the Court is not bound to honor that request. The right to counsel does not necessarily include the right to whatever counsel you want.
I should add that it is extremely common for defendants with publicly appointed attorneys to feel as you do. It is so common, in fact, that Courts tend to regard the complaints unsympathetically. The reasons for this are complicated and sometimes legitimate (in brief, public defenders see their clients come and go, but they have to work with the same DAs and judges every day for years, and so they do have an incentive to not be combative on every little thing). Public defenders, it must be emphasized, are often incredibly overworked and underpaid. The disparity in pay and caseloads between prosecutors and public defenders should be a national outrage. No one would choose to be a public defender, under those conditions, if they weren't passionate about their mission, and many are excellent lawyer. But even so PDs often don't have enough time to give each client as much attention as they deserve. And, it is true, some PDs are not sympathetic to all clients.
You need to start to address this by talking with your attorney. Politely but firmly request that they schedule a time to sit down with you and explain the situation: the charges, their strategy, and your options. You will likely hear some things you don't like; that does not mean that the attorney is not working in your best interests. If that doesn't work, you are also free to hire outside counsel or make a complaint to their supervisor.See question
It's my weekend with my child. The custodial mother went to the child's school and walked into her classroom and pulled her out of school. So that the babysitter that I had arranged couldn't pick her up from school. Since I work and can't take her...
Well, to quote the great legal philosopher Captain Jack Sparrow, "The only rules that matter are these: what a man can do, and what a man can't do." Your co-parent "can," apparently, take your child out of school. The question is, what can you do in response. The appropriate response depends upon the reason for her actions. Your first step has to be to reach out to her - ideally, in a form that leaves a written record, like email - and ask why she did, make sure the child is all right, and ask if you can have makeup time to replace any time you lost. If she did this because of a family emergency, well, she probably should have informed you of why; but it's unlikely that a court would punish her for it. If she refuses to say, or otherwise does not give a satisfactory answer, then you can file a motion to enforce your parenting time rights. If you file a motion, the Court will set a hearing date, in theory no later than 45 days after you file (under ORS 107.434). You can ask the Court to award you makeup time, to replace whatever you lost, and to order her to pay your attorney fees incurred in arguing the matter, if you can show that she acted in bad faith. She has the right to dispute all this at that hearing, as well. Because there is a right to attorney fee awards in these case, you may want to consult with an attorney in private in order to pursue this.See question
I had been commuting 65 miles every other weekend during the school year to pick up my daughter now my ex has moved which is now 85 miles away and expects me to continue to drive all the way. The old parenting plan stated that I did but since they...
It doesn't automatically change the parenting plan; but it does give you the right to file a motion to modify the plan. Most custody judgments have a term that prohibits either parent from moving more than 60 miles further distant from the other parent without the approval of the other parent or the Court. If your co-parent did this, you can ask for a change of custody or parenting time on that basis.
You shouldn't listen to what your co-parent tells you about how the law works. They are (presumably) not a lawyer, and don't have your best interests in mind. Consult with your own attorney in private for a more reliable assessment.See question
I plan to install home security cameras inside and outside my house and use a body camera for any visitors. I will have an obvious sticker taped on a window indicating video and audio recording is active on my premises. In Oregon, do I need to inf...
Oregon law makes it a crime to "obtain the contents of" (i.e., to record) any conversation unless all participants to the conversation are "specifically informed" of the recording. It does not require their consent, strictly, but it does require that they be notified. This law "requires a person recording their own conversation with others to give an unequivocal warning to that effect." State v. Bichsel, 101 Or App 257, 790 P2d 1142 (1990) A sticker on your window may well be deemed to not be clear enough.
Whether these recordings will be admissible as evidence in court depends on whether they are obtained legally; it also depends on what you want to admit them to prove. Evidence is only admissible if it is relevant to an issue before the Court; it also must be authenticated and a proper foundation laid for admitting it. I might also speculate that if you insist on recording all visitors to your home, you may well find yourself with fewer visitors, but that was not your question.See question
Custody modification after ex parte order. Mothers had sole custody for a number of years until father and teenager plotted and succeeded to change custody at any cost. We had one hearing. I was represented but not well. Now knowing the child's wi...
You cannot "appear by affidavit." People are allowed to testify in court only if they give verbal testimony and are subject to cross-examination. You can ask to appear by telephone, by filing a motion with the Court no less than 30 days in advance of the hearing and showing good cause. If you care about the outcome of the case, it is usually better to appear in person, for the simple reason that it allows the judge to look you in the eye and assess your credibility.
I agree with Ms. Reisman's comments - it sounds like you're effectively conceding the outcome of this case; if that's so, then it would be better for all concerned for you and your co-parent to come to an agreement and avoid the hearing entirely, sparing everyone the time and expense of court. I must also point out that if, in fact, your child's wishes are the basis for your current situation, it's hardly fair to say that you've been "subjected to persecution." Choose what is best for your child.See question
The mother (mistress) of the unborn baby doesnt want the baby and wants to give up her right to my husband which he is the father
No one can assume or give up rights and responsibilities to a child before that child is born.
Normally parent cannot give up their rights and responsibilities to a child after it is born either. However, there is one exception: if another adult (generally, the other parent's spouse) is willing to adopt the child, then they can assume all of those rights and responsibilities. The other adult then becomes the child's legal parent, with all the rights and responsibilities that entails. (Notice how 'rights' and 'responsibilities' always go together.) If you are interested in adopting this child and the mother is willing to let them be adopted as well, then you should consult with an attorney in private once the child is born.See question
My son is 17 he will be 18 next summer. He is out of control and abusive his father isn't around I can't get to stay home and when he does he is disrespectful abusive he breaks things he's destroyed my apartment he comes and goes as he pleases I h...
Parents generally cannot voluntarily give up their parental rights, or responsibilities. (The one main exception is if someone else is prepared to adopt the child. If that happens, then the adopting parents assumes those rights and responsibilities.) If your son has committed acts of violence against you that make you fear for your safety - that would justify a restraining order - then you may need a juvenile delinquency case; but you can't file one of those yourself, only the state can do that. Parents generally want to keep their children out of this system, not to put them into it.See question
WENT TO COURT YSTERDAY JUDGE GRANT ELDER RESTRAING ORDER HE SAID SO EASY TO GET AND WAS NO PROOF HE RETALIATED CAUSE MY GIRLFRIEND AND I HAVE 3 PERMANENT PROTECTIVE STALKING ODERS AGAINST HIM AND HIS WIFE
It's not clear to me whether this was an initial grant of a restraining order, or an order after a hearing. With restraining orders, the petitioner submits an application and, if they make a 'prima facie case' - that is, if we give them the benefit of the doubt and assume that everything they're saying is true, if they qualify based on that - then the order is issued on an initial basis. The respondent then has the right to request a hearing, where the petitioner must actually prove their claims. If yesterday's court appearance was just for the granting of the initial order, you still have the right to file a request for a hearing and ask that the Court review the order.
If that hearing has already happened and you lost, then the only way to reverse the order is to appeal. To appeal a court's ruling, you must file a notice of appeal no later than 30 days after the order or judgment you want to appeal was entered. The court of appeals will then give you a due date for an appellate brief. You must explain in that brief exactly what error of law you believe that the trial court made. An error of law is different from an error of fact - it specifically means, an error in interpreting the law. When a court determines that one person lied and another told the truth, or that some particular thing happened, that is a finding of fact, not of law. Findings of fact are a lot harder to appeal. You can only appeal those findings if you can show that no reasonable judge could possibly have made that finding. Because courts of appeal do not hear witnesses or other evidence, and work only off the record of the trial court, they give trial judges considerable deference as to findings of fact.
To appeal any ruling of the court, you must have objected to the court's ruling at the time it was made, to properly 'preserve' the objection. If you did not, then you waived your right to appeal.
Appeals are extremely complex, technical procedures. If you did not have a lawyer representing you at your hearing, or especially if you don't have one for the appeal, your chances of success are pretty much zero. You should consult with an attorney in private if you want to pursue this.See question