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Oregon Domestic Violence Questions & Answers
0 Answers | Asked in Criminal Law, Family Law, Construction Law and Domestic Violence for Oregon on
Q: What constitutes harassment but police Force by that I mean for how long do they have to harass you before you can file

It's meant to say by the police Force in the above question. I was told ten days consecutive days by the same cop. The cop has to bother you or your partner or people who leave or come from your place for 10 days before you can file charges. Is this the truth. And if it is not how long do I... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: So I have an attorney and I have a strangulation charge on my autistic daughter who is 33 she was having a tantrum

I used a move taught to me for this called ois when do I give my evidence to the DA I went through the 705 page discovery and told my lawyer what is what for each page did a color chart sent my evidence but when does the DA get it..I'm innocent I can prove I did exactly what I was trained to... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 10, 2024

First, you don't seem to post a question for anyone to answer. Second, regardless you should be asking ALL questions to your existing attorney - they are the most qualified to answer and know the details of your case. Finally, you should NOT post any of the details on line. Prosecutors can... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: My husband is autistic, recently took a plea deal for dv.

In april, my husband (40) and daughter (15) we're having an argument about her avoiding her chores. She went into the bathroom, laid on the floor and kicked the bathroom door, breaking it. When my husband went in to see what was going on, she kicked him, then got up off the floor and hit him... View More

Gregory L Abbott
Gregory L Abbott
answered on May 30, 2024

This, and most other questions are best asked of his criminal defense attorney. They are much more familiar with the case details as well as have likely discussed the matter with the District Attorney's office who is prosecuting the case.

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Oregon on
Q: What's next after my requests to quash service, provide evidence and terminate a restraining order went unanswered?

A witness in the case served me thru mail from California to Oregon where I live, cuz judge allowed it after he found I was evading service. Then I filed documents asking the other parent to provide me with evidence and to quash service and terminate the order and my motions/requests went... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

First, you should file a motion to set aside the restraining order with the California court, explaining that your previous motions to quash service and request evidence went unanswered. Emphasize that the court’s lack of response has deprived you of due process and that the restraining order is... View More

1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for Oregon on
Q: Neighbor is stalking/harassing me. Judge denied SPO due to no violence. Can I sue in small claims or seek injunction?

I have evidence of my neighbor stalking me as he shows up everywhere I go within 10-15mns. He's tracking not following me but haven't found the gps device yet. It's daily & he's relentless. The cops even went to his house & told him to stop plus avoid me which did... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 4, 2024

Of course you can sue in circuit or small claims court. Can you win? Not likely on the facts presented.

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: Child name change with parent not involved since 2017

I have a child with a parent who had assaulted me in the presence of the child in 2017 and has not had contact with them since. They were arrested, charged and took a plea deal. I would like to change his name but want to avoid this other human being as much as possible. I was trying to figure out... View More

Steven Leskin
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

Search Google for Oregon Minor Name Change. The first answer will be a fact sheet from the Oregon Judicial Department. Follow the instructions. It is pretty straightforward.

Hope that helps.

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Currently have a court appointed lawyer who’s not really doing his job. The charge I face as well as the no contact orde

Order could of been dropped the same day I hade my hearing in jail. The alleged victim is trying to set the story straight based off information the police got on hearsay and it’s effecting our lives big time. My girlfriend is pregnant and needs me to be there for but with the no contact order in... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

If you truly don't get along with your court appointed attorney, ask the Judge for a different one. Court appointed defense attorneys are how indigent defendants are taken care of and are paid by the State. Why would any other attorney volunteer their time and not be paid when you have a... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: I was arrested for assault against my ex how do I Go about claiming self defense?

He has been arrested 3 times for abusing me, I've lost everything my home my friends and if I'm convicted I will lose my ability to be a caregiver in the us

Gregory L Abbott
Gregory L Abbott
answered on Feb 10, 2024

This is a question for your defense attorney. You should not post anything about the incident online and only talk with your attorney about it. Your freedom could be at stake.

1 Answer | Asked in Domestic Violence for Oregon on
Q: Alleged victim, get a court appointed attorney

I am an alleged victim. I was wondering if I can get a court appointed attorney because I recanted my statement for being on pain medication and intoxicated

Gregory L Abbott
Gregory L Abbott
answered on Dec 3, 2023

If you are charged with a crime, you likely will be eligible for a court appointed attorney. No crime, no appointed attorney.

1 Answer | Asked in Domestic Violence for Oregon on
Q: Hi I'm a victim of dv my boyfriend is locked up the DA want me to talk my question is what type of protection is offered

I Avoided the DA because me and my family are afraid and I have no transportation. So will they help with any of it

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

Talk to the DA and see what, if anything, they are willing to do. Being afraid to talk with them, however, doesn't really make much sense given that you probably are the star witness against BF so as soon as he gets out he may come looking for you in order to stop or at least discourage you... View More

1 Answer | Asked in Animal / Dog Law and Domestic Violence for Oregon on
Q: Can I be legally denied as a dv victim to transfer to another unit, if I don’t want to spay or neuter my esa dog
Gregory L Abbott
Gregory L Abbott
answered on Oct 16, 2023

You don't begin to provide enough information for anyone to even understand your situation let alone properly advise you. Do understand though that generally (legally speaking) service animals and emotional support animals are not classified as pets (rather they are working service animals)... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Oregon on
Q: can ex's new wife decide if i can speak with my son or not

recent marriage and she has called me to yell at me for giving my son a sinus nasal spray, she doesn't communicate with me and tell me that she took my son to the ER, She told me that there is no court order that says she has to let my son talk to me?

Steven Leskin
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2023

A step parent has no legal authority over a child. The legal authority is reserved to the biologic or adoptive parents. Unless there is a court order, a new spouse married to an ex does not have any authority to decide how to raise the child and certainly cannot tell you whether you can or cannot... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oregon on
Q: Boyfriend got dv charges due to my ptsd response from ex husband. How do we get charges dropped.

My ex was very violent. Me and my current got in a very heated argument and I went into fight or flight because of ptsd. My current restrained me during the incident and some bruising was caused because of my struggle. I called the cops while still in a hysterical ptsd state of mind. I have mental... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 17, 2023

Sorry but it is not up to you whether the charges are dropped or if the District Attorney proceeds to trial and attempts to get a criminal conviction. Actions have consequences - both for you and for him. You can talk to his criminal defense attorney if you wish to see what, if anything, you can... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: my mom is recording me the videos are me telling her I don't like it she says she will send them to people is that legal

my mom is constaltly recording me and threatening to send them to people that would include the police and the videos arent even bad it just me telling her I don't like what she is doing and after she hurt me and I have a scar from it she got a video of my crying and she says she will send... View More

Todd B. Kotler
Todd B. Kotler
answered on May 22, 2023

Assuming you are clothed during these videos and are not otherwise involved in illegal activities, they are legal. Your mother is within her rights to record a conversation between the two of you. Oregon law is more murky as to whether she can record you when she is not part of the conversation.... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oregon on
Q: I got arrested for drawing blood on the other person but fight for self defense can the other person get arrested

I got into a fight with my boyfriend and he threw me down a few times and I fought back but gave him a bloody nose I got arrested but want to fight no guilty for self defense can they turn around and arrest him if I am found not guilty for self defense

Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2023

Yes, they CAN arrest him, regardless of the outcome of your situation, but it is highly unlikely. The police officers that responded at the time made the decision to arrest you and not him. They could have arrested him; they could have arrested you; they could have arrested both of you; they could... View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Oregon on
Q: Is it a legal defense when an agency wrote three letters willing and stating they are going to pay for the past due rent

My DV advacate tried to call the landlord for me and texted and left voicemail that they will pay the past due rent if 1600 but want a lease in my name and he evaded phone calls and we went to court the judge ruled for landlord because a third party promised to pay and that doesn't stop... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 6, 2023

Asking the same question multiple times doesn't change the answer. The rental assistance protections you likely are thinking of was a COVID emergency program that expired last September and is no longer in effect.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Oregon on
Q: I am being subpoenaed to speak at my child’s fathers court hearing for violating his probation.(no contact order)

We previously had domestic violence issues that resulted from both of us escalating petty situations. He was arrested early this month for violating his probation and making contact with me. I want contact with him. We share a child. I do not want to go to this hearing and speak. Can I object to... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2022

Actually a no contact Order IS a restraining order and while he can ask to have it lifted (you can't per se since the Order isn't directed at you), these sorts of requests are very common and are very rarely granted. You are under subpoena and your presence is NOT elective or voluntary.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Is it better to hire an attorney or use a public defender?
Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.

The big issue is if you can afford a private attorney, you should not...
View More

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Wrongful Death for Oregon on
Q: A conclusion has been made in my mothers investigation. She needs an attorney to represent her.

When we spoke to my mother she was very clear, not confused or disoriented.

She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... View More

Theressa Hollis
Theressa Hollis
answered on Feb 4, 2022

I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.

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