Portland, OR asked in Domestic Violence for Oregon

Q: There is a no contact & restraining order on my husband. I want him home

He talked to his lawyer and she said “let me see what I can do” he called her several times then a week later tells him there’s nothing he can do. I filed to have the restraining dismissed and the judge denied it. Advised he request a hearing & I not show up and the judge will probably dismiss it. My husbands Laywer is telling him it’s past his time but it hasn’t been 30 days of his right to request a hearing. What can I do so he can come home? He’s not a violent person at all. I was tripped, I fell, my daughter called the police. At the time I was overwhelmed and felt scared, I listened to my daughter and said yes to them arresting him. I filed for a restraining order cuz I listened to too many peoples opinions and theories. I want my husband back home, I always feel safe with him. This was just an unfortunate event and I regret having him arrested. They say he can’t come around me or come home for a year. We just moved here to the State of Oregon cuz my Dad passed away. Please help

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Portland, OR
  • Licensed in Oregon

A: Something seems unusual here. You certainly could have filed for a FAPA domestic abuse restraining on a civil basis and had you done so, it is likely (but not guaranteed) that a Judge would have dismissed it upon your request. IF, however, your husband was arrested and charged with some form of domestic violence, then normally a no-contact order is sought and filed for by the District Attorney's office and that is standard procedure. If that is what has happened, then it to is not at all unusual for a Judge to deny your efforts to have the Order lifted - domestic violence victims ask for restraining orders to be dismissed all the time. Judges, lawyers, district attorneys, counselors, anyone regularly involved with domestic violence (DV) matters are fully aware that victims often recant their stories told to the police - and are not likely to go along with it. As for your not showing up, if the District Attorney's office subpoena's you to testify, and you fail to show (or to tell the truth under Oath), you can be subject to criminal prosecution yourself. Credibility in court is everything - and if you try to convince the court that you simply tripped and fell but your daughter called the police (who calls the police when someone trips and falls?) and you told the police at the time that your husband deliberately inflicted injury, you are not likely to have much credibility and frankly, the odds are strong that no one will believe you. Not only will they likely not believe you without objective supporting evidence, but then you may be cementing the case against your husband. If I don't believe your exculpatory story, then there is not much else for me to believe except the criminal allegations against him, so your testimony about falling instead of being beaten could actually hurt him more than help. Regardless, if you want to try to help him, talk with his criminal defense attorney. That is the person who will decide how to best present your husband's defense.

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