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Oregon Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence and Sexual Harassment for Oregon on
Q: When I was 16 years old a reading teacher in my school subjected me to sexual abuse until I was 18 years old.

I have had years of therapy and I'm still traumatized. What are my options.

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...
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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.

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 10, 2021

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Domestic Violence for Oregon on
Q: How do I remove an abusive partner from my home?

We have lived together for the last 3 years. We have 2 children together. I am the sole homeowner and work full-time. She works part-time and refuses to leave because she can't afford to live on her own. She is extremely abusive to myself and our children. I have insisted that she needs to... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 3, 2021

It depends upon whether she can legally be classified as a tenant. If so, you go through the hoops to terminate her tenancy and evict if necessary. If not a tenant (likely given your brief description), then you have to file to eject her from the house. Eviction and ejection share similar goals -... View More

1 Answer | Asked in Domestic Violence for Oregon on
Q: Ive been subpeonaed to testify as victim in a dv case Will i be put in jail if i dont show up, even if im the victim?
Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

That would be up to the District Attorney - you know, the fellow that subpoenaed you to start with and who is relying upon your testimony? Subpoena's are not optional; subpoena's are not an invitation. They are a court Order for you to appear and testify. If you thumb your nose at the... View More

1 Answer | Asked in Domestic Violence, Federal Crimes, Libel & Slander and Child Custody for Oregon on
Q: My wife assaulted me, she filed a false restraining order and kidnapped our kids and is using emotional blackmail.

She emotionally blackmailed me into not submitting any evidence at the trial, so she was found innocent. Now she is using the restraining order and the threat of arrest as blackmail to take full custody of our children despite me offering several reasonable alternatives involving joint custody. Can... View More

Gregory L Abbott
Gregory L Abbott
answered on May 31, 2021

It is not clear exactly where things currently stand. It sounds as if she assaulted you, was charged, went to a trial in which you failed to testify to the facts and she was found not guilty. She also obtained a restraining order against you prohibiting you from having contact with her or your... View More

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: Respondent to RO is trying to bribe me with money to drop RO/not cooperate with DA, is this a violation of the RO?

My ex, a licensed PI, hit me multiple times with my 3 children present in a hotel room in Idaho last month, he ran so no arrest. The DA is pressing charges. I got an RO here in Oregon, he was finally served after he called 911 because he was withdrawing from fentanyl.

I didn't check... View More

Gregory L Abbott
Gregory L Abbott
answered on May 24, 2021

You are likely describing witness tampering - a serious crime. If you go along with it, you may committing a crime as well. Save the texts and show them to the District Attorney immediately.

1 Answer | Asked in Domestic Violence for Oregon on
Q: how do i get my personal property from my ex that i have a restraining order on?

the police said its a civil matter if i want my 5th wheel, dirt bike and some other personal things back. I have a restraining order against him so i cant just go get my stuff. i went to prison for 3 years we were together 5years before that. i did sign the tittle over before i went in, in case... View More

Gregory L Abbott
Gregory L Abbott
answered on May 11, 2021

You raise at least two different potential issues - how to arrange to pick up your property and how to resolve disputes over who owns specific property. The later issue, if you can't informally resolve it, will likely require the assistance of a local attorney (who can also help with... View More

1 Answer | Asked in Domestic Violence for Oregon on
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... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 12, 2020

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... View More

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: I am under adjust status currently with my pending Family-Based Application. My husband is quite not treating me right.

Since we got married on 2018, he is different when it comes to money. Not only that, but also with respect to me. We have a joint account and he gets all my salary. All of his salary only goes to his debt (which is still not fully paid till now). And now he got laid from his work since April 27 and... View More

Jessica Larsen
Jessica Larsen
answered on Sep 25, 2020

Your question isn't clear from the facts you presented. There is no way you can force your husband to contribute in a more meaningful way to the household. You could seek a divorce, and a lawyer can help you do that.

1 Answer | Asked in Domestic Violence for Oregon on
Q: If a restraining order is filed in the wrong county. Is it bull and void?
Gregory L Abbott
Gregory L Abbott
answered on Aug 24, 2020

IF a Judge signed and a court issued a restraining order, it is valid and in effect until the court terminates it. You can try opposing it in court and asking to have it dismissed on any valid legal ground but unless and until a court actually DOES dismiss it, it is in effect and you risk being... View More

1 Answer | Asked in Domestic Violence for Oregon on
Q: How can I drop a case I started over a year ago? I've asked people involved and I can never get a strait answer.

I pressed charges against my partner for Domestic violence, I since then have tried to drop the charges and the whole case. We have gotten pregnant and had a child since then and everyone involved still says that I have to follow through. But I'm no longer interested in doing so.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 26, 2020

You are not clear whether you are referring to a civil case in which you asserted the claims and presumably a restraining order or if you are referring to a criminal case in which you may have originally complained to the police and which was followed up on by the district attorney's office.... View More

2 Answers | Asked in Animal / Dog Law, Domestic Violence and Family Law for Oregon on
Q: How do I revise a restraining order to gain custody of my dog who is registered in the county and chip in my name.

The individual has a current misdemeanor and pending indictment taking effect for felony strangulation, menace, assaultin 4th degree and harassment.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 16, 2020

If the person who has your dog is the person who is restrained from contacting you, you will have to get in Touch with the prosecutor or your victim’s advocate To see if you can do a civil assist to get your dog back.

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1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: I have a no contact order w/someone I work with and our schedules overlap. Can I continue working?
Gregory L Abbott
Gregory L Abbott
answered on Apr 11, 2020

I am not clear whether the Order restrains you or the other person. Regardless, whichever of you is restrained is prohibited from contact with the other - and that includes at work. Violate the Order and that person is likely to end up in jail.

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