Legal Question in Family Law in Oregon

Alineation of Affections

My husband and I, of 22 years, are having marital problems and he has been seeing another woman - can I sue her for alienation of affection?

He has taken our son to her house, without my knowledge, can I get a legal order to make him refrain from doing this?

Can I get a restraining order on her that she is not to contact my husband or one that he cannot contact her?


Asked on 8/09/06, 5:39 pm

2 Answers from Attorneys

Daniel Margolin Stephens Margolin, P.C.

Re: Alineation of Affections

In the course of a divorce, one of the issues that will be addressed is custody and parenting time regarding your son. It is important that you contact an attorney to receive advice regarding your rights. Feel free to contact me to schedule an appointment.

You can only obtain a restraining order if she has threatened you with physical harm or caused you bodily injury.

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Answered on 8/09/06, 5:48 pm
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Alineation of Affections

QUESTION:

My husband and I, of 22 years, are having marital problems and he has been seeing another woman - can I sue her for alienation of affection?

ANSWER:

YES, but only if the law of the state in which the alienator resides allows for such a lawsuit. Oregon law, by the way, does NOT allow for such a lawsuit.

QUESTION:

He has taken our son to her house, without my knowledge, can I get a legal order to make him refrain from doing this?

ANSWER:

Probably not, unless you can establish that the child is physically endangered by being taken by Dad over to girlfriend's house.

QUESTION:

Can I get a restraining order on her that she is not to contact my husband or one that he cannot contact her?

ANSWER:

NO.

Further questions: Contact Mr. Margolin.

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Answered on 8/09/06, 6:07 pm


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