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i was charged just the other day and found out its now a felony
In Oregon, there are two levels of Assault IV - misdemeanor and felony. Assault IV misdemeanor means that a person Intentionally, knowingly or recklessly causes physical injury to another; or with criminal negligence causes physical injury to another by means of a deadly weapon.
However, an Assault IV becomes a felony IF 1) the person has previously been convicted of assaulting the same victim; 2) the person has previously been convicted at least three times under this section or under equivalent laws of another jurisdiction and all of the assaults involved domestic violence, as defined in ORS 135.230; 3) the assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim; or 4) the person commits the assault knowing that the victim is pregnant. The definition of "witnessed by" for the purposes of subsection 3) is if the assault is seen or directly perceived in any other manner by the child.
Assault IV carries major consequences regardless of the level. You should consider seeking legal counsel immediately, as some counties have programs that may have a deadline on entry.See question
I have a son who is now 19 yrs and registers for school but has not attended any classes for over a year, according to his mother. Are my child support checks sent to my ex-wife or are they being sent to him personally. He does not live at home a...
Your question is, who are child support checks made out to. The Department of Justice will distribute and disburse support directly to the adult child, unless good cause is found to distribute and disburse support in some other manner. (see OAR 137-055-5110). At this point, your son is only eligible to receive child support under the "Adult Child Attending School" status. You should immediately contact the Department of Child Support and request that your child support obligation be terminated because he does not qualify as an "Adult Child Attending School." The "short" definition of a child attending school is (per ORS 107.108) 1) unmarried, 2) 18 years of age or older and under 21 years of age, 3) is making satisfactory academic progress as defined by the school that the child attends, and 4) has a course load that is no less than one-half of the load that is determined by the school to constitute full-time enrollment.See question
Where do I go to find a lawer to fight for my civil rights in a DHS case in or around lane county pro Bono?
There are a few places you can look. First, check Avvo for attorneys in or around Lane County. Also try Legal Aid Services of Lane County (www.lclac.org). Finally, contact the Oregon State Bar modest means program (800.452.7636). Those resources should point you in the direction of a local attorney handling cases on a pro bono or lower cost basis.See question
Divorce papers has been drawn up, we agreed to the terms, and are curently seperated. As soon as she is financially stable on her own we are going to have it finalized. Ie: get sent to a judge, he/she signs off on it, wait 31 days, legally divorce...
This question requires review of GA law. Depending on GA law, you may be liable for support back to the date of filing the petition for divorce. That would mean if you don't pay now, you might start off your "divorced life" with a large back payment owing. It is possible, however, that GA law does not enforce support until the divorce is final. You will need to speak to a GA attorney right away to determine whether you are risking a large amount owing.See question
My stepdaughter want my last name. Her father has no contact. He is tens of thousands of dollars behind in child support and the only way it is received is through garnishment when he IS working. What ways are there to go about this? He will not g...
Depending on the specific laws in your state, you may be able to get him to relinquish his parental rights by signing off your rights to the child support arrearage. Also, his complete lack of contact may be grounds for parental termination, but more facts would be necessary to know whether this is an option. You should look for an attorney in TX who is familiar with step-parent adoptions. They should know the various options, as well as be able to do a name change (usually a pretty simple procedure if bio-dad doesn't appear in the case) if that is the route you choose to go.See question
might see him 3 times a year at most. he doesnt pay support nor has he ever helped in any way. he has been in and out of prison since the age of 19 [now 28] we live in n.y. state and dont know what can be done in order for my boyfriend, my sons da...
I agree with the previous post. However, if the son's father is in prison, or depending on the reason he's been in and out of prison, it may be possible to terminate his parental rights. This is extremely difficult, but if the biological father's situation is dire enough, it might be possible. You almost certainly need to seek an attorney in NY to discuss the laws in NY related to termination of parental rights, or the steps necessary to have the biological father relinquish his parental rights in favor of an adoption.See question
My boyfriend agreed to take care of a negligent friend's rat for a week (she had another rat, but it died of exposure and neglect). I did not agree to this. During the week, the friend said she would not be able to pick it up until mid-July, over ...
The legal "damages" are the value of the rat. She could potentially take you to small claims for this case (assuming rats don't cost substantially more than I think they cost!). However, the fact that she abandoned the rat with you will play into your defense because you were mitigating future expenses. I wouldn't worry about this unless/until she brings a suit, as it doesn't seem like she will have much of a claim if any.See question
To either of us she said she just wants to sign over her rights and for me to just adopt him that was over a year ago and we haven't heard anything else from her since then. she only lives 30 Min. Away from us yet still can't even call him. I lov...
Your situation is unfortunately somewhat common. In this situation we would do a step-parent adoption (regardless of the type of personal relationship you have with him). That would effectively terminate the other parent's rights AND obligations to the son and you would become the son's adoptive parent. If something happened to your husband after it was final, you would be the child's parent. If something happens before an adoption is completed, you could potentially face her taking him back as she may then have access to financial benefits. I would recommend getting a step-parent adoption completed quickly.See question
i have two grown sons who will not move out how can i make them leave.
I agree with the previous attorney's answer. This is a very complicated area of law that will depend on many specific facts. You will likely need a landlord/tenant attorney as opposed to a family law attorney. Depending on the circumstances, it is possibly you may have to give proper legal notice, document a variety of things, etc. However, only an attorney well-versed in this area of law and with a full understanding of your particular circumstances could answer this. I highly recommend speaking to an attorney, and likely one from the landlord/tenant practice area.See question
My new husband and I want to move out of country for a year. The kids will go to an private american school, and will have a great experience with a new culture. We have said that we would come home for Christmas and let the kids come home for t...
Without the support of the other parent, you may very possibly lose custody in this situation. Oregon courts do not like a parent to move the children away from another parent because regardless of the fact the kids would see the other parent at Christmas and in the summer, it will inhibit the relationship with the other parent. The Court is obligated to do what is deemed in the best interests of the child/children. Inhibiting a relationship with one of the parents is almost never deemed to be in the best interests of the children. That means that if the other parent wants the kids to stay, they will most likely stay. There are cases where a parent is allowed to move and retain custody. However, there needs to be a VERY good reason for this (not simply for a greater cultural experience or the desire to go to another country for a year) or the court will grant custody to the other parent so that the children can remain in the home state.See question