Clients always want to know the duration and the price of an Oregon divorce. Unfortunately, this is tough to answer without consulting on the case, although a widespread question.

Lawyers charge on an hourly basis, meaning the price of your divorce is related to the amount of time your lawyer spends working on the matter. There are also some court costs associated with the filing of a divorce, or other family law matters, in the state of Oregon. As a general rule, the higher the number of issues that are in dispute in your circumstance, the higher the fees. This is simply because the attorney will need to spend more time working on your matter.

Couples that can solve all issues may be able to do so without the need of a lawyer. Or, they may simply use a lawyer to draft appropriate paperwork. However, if a divorce goes to trial or has multiple hearings in court, the costs will grow accordingly. Because going to court is comparatively expensive, most cases settle without going to trial.

The length of the divorce also depends on whether the case goes to trial. A complete divorce could be finished as little as two weeks (or even less!) if the parties have agreed on most of the matters and only require the drafting of a judgment. However, when the matter involves court time, the schedule is often at the mercy of the court, which can be lengthy given the court's caseload. While most contested cases resolve within nine months, outlier cases can last more than a year.

Let us evaluate your case at a flat-fee initial consultation. We will attempt to give you a ballpark assessment of how much your matter would cost at every step and discuss the specifics of your case, which could make it more or less costly.

Q: What does a family law lawyer do? What is "Oregon family law?"

A: “Oregon Family law” is an umbrella term that refers to the practice of law that involves common domestic and family issues. While it is often associated with Oregon divorce, "family law" covers far more. Common family law issues include child custody, parenting time (visitation), step-parent adoptions, spousal support, child support, restraining orders and stalking orders, prenuptial agreement, grandparent rights, and far more.

Modern families come in all sizes and arrangments, and the term "family law" simply refers to the practice of law that helps those families within the Oregon court system.

There are two primary areas of law: civil and criminal. Criminal matters are generally handled by the state or a municipality and deal with prosecuting crimes, resulting in punishment, including jail. A restraining order is not seeking jail time, and getting one does not create a crime. However, if a person violates the civil restraining order, they may be sent to jail for the violation. Restraining orders in Oregon take place under the "civil law" system. Even though a person can go to jail for violating a restraining order, it is contempt of court to violate a court order, not a crime.

An Oregon Restraining Order, sometimes called a "FAPA order" (or Family Abuse Prevention Act) restraining order is a civil order that protects from abuse or injury from a family or member of a household.

In Oregon, “criminal law” refers to the system that addresses cases that involve violations of criminal law. This includes crimes like burglary, assault, murder, DUII, and other crimes. Criminal cases are handled by a municipality (city), state, or the federal government. The prosecutor (or district attorney) decides whether to prosecute a crime. It is the government that brings the case against the violator, not the victim of the crime.

While it is possible that a victim of crime might not wish to cooperate with the cases (sometimes called “pressing charges”), the district might decide to drop the criminal charges. This is not necessarily true. The prosecutor can also continue to prosecute over the objection of the victim. They could even issue a subpoena (a court order) to force a victim to testify at the trial against the victim’s will. In a criminal case, the prosecutor represents the interests of the government, not the victim specifically.

"Domestic abuse" is defined by Oregon law. Generally, the law states that it is abuse when a family or household member: 1. Attempts to hurt you physically; 2. Actually hurts you physically (intentionally, recklessly or knowingly); 3. Intimidates or makes you afraid of serious physical injury (intentionally, recklessly or knowingly); OR 4. Makes you have sex against your will by force, or threat of force.

Family or household member” means any of the following: 1. An adult related by blood, marriage or adoption; 2. Someone you are living with or have lived with in the past; 3. Someone you have been in a sexually intimate relationship with, within two years immediately preceding the filing of a restraining order petition under; OR 4. Someone with whom you have a child.

See: O.R.S. § 107.705(1), O.R.S. § 107.705(4)

After a judge signs an Oregon restraining order, the protective order does not actually go into effect until the other party (the "Respondent") is served. In Oregon, the sheriff will usually try to get this done immediately.

Once the other party physically receives the paperwork (been served), they are immediately restrained by the terms of the signed order. Note that sometimes difficulties finding the Respondent to serve them will result in a delay in getting the restraining order into effect.

In Oregon, restraining orders themselves cost nothing to file, and the sheriff will serve them on the other party without cost to you. Should you choose for some reason to use a private process server instead of law enforcement to serve papers on the other party, that company or person will charge a fee like any other business.

An Oregon restraining order lasts for one year from the date the judge initially signed it, or until it is dismissed by a judge (either after a hearing or by the Petitioner).

An Oregon restraining order can be renewed each year if the Court finds that danger of abuse still exists. Note that renewal paperwork must be filed before the expiration of the existing order.

In Oregon, the Family Abuse Prevention Act (FAPA) provides for a means to have the court issue an order of protection against abuse for certain parties within a family setting. This is also referred to as a "restraining order", and it generally prohibits the person who is the subject of the order (the “respondent") from taking certain actions against the person obtaining the protective order (the “petitioner").

It's difficult to say. In Oregon, restraining orders (sometimes called FAPA orders) are civil matters, not criminal. If the background check was only for criminal matters, it presumably would not come up. However, a civil restraining order is still part of the public court record. A background check which looks for court actions in general, not just criminal matters, would likely reveal a restraining order. Generally, you should assume that if it's part of the public record, it can be discovered.

Is it worth getting a lawyer for my restraining order case?

This question is standard, though completely subjective and fact-specific. Obtaining a restraining order does not require an attorney, and it is usually secured without a lawyer. However, if the matter goes to a hearing, while it is certainly possible for people to handle the restraining order hearing independently, it is probably not a great idea. In addition to being held to rules of procedure and evidence, the untrained person likely will not know which aspects of the law should require the most focus. Because judges are bound to follow the law, if you don't present the correct information, they may have no choice under the law to make a ruling that is adverse to your goals.

Restraining orders have significant consequences, so having an experienced Oregon restraining order lawyer help you is almost certainly in your best interest.

Family law cases commonly have allegations or components of domestic violence, which is why family law lawyers routinely handle restraining order matters. Additionally, criminal defense attorneys also commonly help clients with restraining order cases, as domestic violence may have associated criminal charges associated.

Restraining orders, also sometimes called "FAPA orders" or "protective orders" in Oregon, can be received in any state. However, they can still be enforced when you or the protected person are located in another state. A restraining order issued against you in Oregon is still valid in other states, and you must follow the terms.

If you have been physically or abused or threatened with abuse, you may qualify to get a restraining order under the provisions of the Oregon Family Abuse Prevention Act. This law provides a way to obtain protection from abuse and domestic violence without the need for a divorce or other legal proceedings (though often the two may coincide).

Is it worth getting a lawyer for my Oregon stalking order case?

This question is standard, though completely subjective and fact-specific. Obtaining a stalking order does not require a lawyer, and it is usually secured without an attorney. However, if the matter goes to a hearing, while it is certainly possible for people to handle the stalking order hearing independently, it is probably not a great idea. In addition to being held to rules of procedure and evidence, the untrained person likely will not know which aspects of the law should require the most focus. Because judges are bound to follow the law, if you don't present the correct information, they may have no choice under the law to make a ruling that is adverse to your goals.

Oregon stalking orders have significant consequences, so having an experienced Oregon stalking order lawyer help you is almost certainly in your best interest.

How long does an Oregon stalking order last?

Once a hearing has occurred, and a judge has upheld an Oregon Stalking Protective Order, it has no natural end (it is permanent). However, the Respondent (the person prohibited from stalking) can file a request with the court to modify or terminate the stalking order later. If this happens, there would be another hearing on the matter where both sides would present evidence. Before this happens, you would be served with the legal paperwork and be given notice so that you have an opportunity to prepare for the hearing.

Background of Oregon Child Custody

Child custody is one of the most contentiously and contested issues in Oregon family law cases. Misconceptions about what "custody" actually means tend to meld with advice from well-meaning friends and family and with conflicting information from web sources that might not even reflect Oregon law.

What is Oregon Custody?

Legal "custody" of a child in Oregon is not nearly as sweeping a status as many tend to believe. It is not a "super parent" status that allows a custodial parent to make unilateral moves for the child that involve relocation or schedule changes. In short, legal custody refers to decision making authority on three significant issues: 1. Education - for instance, if there is a dispute regarding which of two available public schools a child would attend, the custodial parent would have the final "tie-breaking" vote. 2. Healthcare - in non-emergency circumstances, the custodial parent may determine major medical questions, like selecting which primary care pediatrician the child uses. 3. Theological training - again, for example, this would entail determining as to whether a child went to a religious school or a public school. (Note that this custodial decision says nothing about the who would pay for a private religious school.)

Unpacking the Two Types of Oregon Child Custody

There are two separate types of custody in Oregon: full legal custody and joint custody. Full custody is where one parent has the entire "tie-breaking" decision making authority, as referenced above. In joint legal custody, neither parent has any more power than the other; all determinations as to primary education, healthcare, and religious training must be by agreement of the parties. Joint custody can only come about by agreement of the parties. The court cannot force it.

By contrast, sole ("full") legal custody, if not agreed to, must be decided on by the court. When doing this, the court must take the child's best interest or children into account and apply factors as prescribed by Oregon law. In determining custody, Oregon law specifies what factors the court must evaluate and consider when deciding who should be the sole custodial parent at ORS 107.137: - a) The emotional ties between the child and other family members; - (b) The interest of the parties in and attitude toward the child; - (c) The desirability of continuing an existing relationship; - (d) The abuse of one parent by the other; - (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and - (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

When the parties cannot agree on joint custody, the court has no option but to decide on one parent to be awarded sole custody by applying these factors. If a case goes to trial, a court will often recite the statutory factors they considered when making their ruling and awarding custody. However, not all cases go to trial. Most do not. If parties agree on a custody arrangement, without the need for a judge to weigh the custody factors, the court will honor that decision in any final judgment. Parties can come about an agreement by themselves, with the help of attorneys, or even through a mediated settlement.

Changing Oregon Custody

Once custody is decided, or agreed-to for one parent, changing custody is substantially harder than establishing it. The court requires a "substantial and unanticipated change in circumstances," generally, which are to the detriment of a child.

Get Legal Help From Custody Law Experts

Custody issues are tricky and require knowledge of the law to present the relevant evidence in a contested case. If you need help with your Oregon custody case, contact an experienced Oregon custody lawyer at brittle.law to set up a consultation.

Blended families are increasingly common, and navigating the challenges they present can be difficult for everyone involved. However, when a parent marries an alcoholic stepparent, the situation becomes even more complex. At Pacific Family Law Firm, we understand the unique challenges that arise in these circumstances and are committed to helping families in Portland, Oregon, and the surrounding areas find solutions. In this blog post, we'll discuss ways to support children when their parent has married an alcoholic stepparent.

Understanding the Impact of an Alcoholic Stepparent on Children

An alcoholic stepparent can create a challenging and potentially harmful environment for children. The effects of living with an alcoholic stepparent can be both immediate and long-lasting, including:

Exposure to unpredictable behavior and potential emotional or physical abuse

• Increased risk of developing substance abuse issues themselves
• Emotional distress, anxiety, and depression
• Difficulty trusting others and forming healthy relationships

Tips for Supporting Children in This Situation

If your child's other parent has married an alcoholic stepparent, it's important to take action to ensure the well-being of your child. Here are some tips to help you support your child in this difficult situation:

Maintain Open Communication

Encourage your child to share their feelings and concerns about their living situation with the alcoholic stepparent. Make sure they know they can talk to you openly and honestly without fear of judgment or repercussions. Be empathetic and supportive, and validate their feelings.

Prioritize Your Child's Safety

If you suspect that your child is in danger or experiencing abuse from their alcoholic stepparent, it's crucial to take immediate action to protect their safety. Speak with a family law attorney about your options for modifying custody arrangements or seeking a restraining order if necessary.

Educate Yourself About Alcoholism

Understanding the disease of alcoholism can help you better support your child and navigate the challenges that come with having an alcoholic stepparent in their life. Research the signs of alcoholism, the potential effects on family members, and treatment options. This knowledge will better equip you to have informed conversations with your child and their other parent.

Encourage a Healthy Relationship with Their Other Parent

Despite the challenges posed by an alcoholic stepparent, it's important to foster a healthy relationship between your child and their other parent. Encourage regular communication and visitation while being mindful of your child's safety and well-being.

Seek Professional Help

Consider seeking professional help for your child in the form of therapy or counseling. A mental health professional who specializes in working with children from families affected by addiction can provide valuable guidance and support to both you and your child.

Legal Considerations and Support

If your child's well-being is threatened by their parent's marriage to an alcoholic stepparent, it may be necessary to take legal action. Here are some steps you can take to ensure your child's safety and well-being:

Request a Modification of Custody or Visitation

If you believe that your child's current living situation with an alcoholic stepparent is harmful to their well-being, you may petition the court for a modification of custody or visitation. Speak with a family law attorney to discuss your options and the best course of action based on your specific circumstances.

Document Evidence

If you decide to pursue legal action, it's important to document any evidence that supports your concerns about your child's safety and well-being in their current living situation. This may include records of police reports, medical records, photographs, or witness statements.

Work with a Family Law Attorney

Navigating the legal system can be complex and overwhelming, particularly when dealing with a sensitive situation like this. A skilled family law attorney can help guide you through the process, ensuring that your child's best interests are protected. They can advise you on the necessary steps to take, help you gather evidence, and represent you in court if needed.

Conclusion

Supporting a child when their parent has married an alcoholic stepparent can be challenging, but taking proactive steps to ensure their well-being is crucial. By maintaining open communication, prioritizing safety, fostering a healthy relationship with their other parent, and seeking professional help, you can help your child navigate this difficult situation.

At Pacific Family Law Firm, our compassionate and experienced family law attorneys are here to help protect your child's best interests. We can guide you through the process of modifying custody arrangements, seeking a restraining order, or providing legal advice specific to your situation. Contact us today to learn more about how we can support you and your child during this challenging time.