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Oregon Domestic Violence Questions & Answers
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... Read 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... Read 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... Read 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 -... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.... Read 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.... Read 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
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.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oregon on
Q: How can my daughter ask to use her toy hauler from husband if they have a no contact

My daughter filed divorce and restraining order her husband has possession of a camp trailer the purchased that shows her as the buyer on bill of sale she wants to use the trailer but she has no idea where he has stashed it how can she go about recovery of this she has it in divorce papers as an... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

Look, getting away from a domestic violence is far more important than a toy hauler. She should research the value, and ask the court to include the value in the division of assets. The court then tries to divide the property equally and can award money or physical property. The path of least... Read more »

1 Answer | Asked in Domestic Violence for Oregon on
Q: how can a judge give my domestic abuser power of attorney and control over my home which was then lost

we had a life time no contact order he has a very long criminal record . We were never married . The judge gave him power of attorney and he took my house made me over and let it sit empty until squatters moved in and destroyed it. 289k in damages. He never had to pay for any thing including my... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 8, 2020

This is just too complicated of a fact situation for me to even comment on. If you want a legal opinion you will need to talk to an Attorney in an office consultation where the Attorney has access to the case history and can review it with you. See an Attorney in the jurisdiction where this took... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: Is there a lawyer whom does or would be willing to help me for almost nothing?? I desperately need help

I'm uneducated to how the system works and I need help

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 4, 2019

If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate.

You could...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Oregon on
Q: my brother killed himself with his girlfriends gun, she left it out. Her ex killed himself too. she didnt call the cops

is there anything we can do to make sure there is not a third person this will happen to

Joanne Reisman
Joanne Reisman answered on Sep 28, 2019

This isn't a legal question. However using common sense would go a long way to prevent such tragedies. You and the surviving members of your family should either get rid of any guns you have in your homes or be a responsible gun owner and get a secure gun safe and store you guns there. If... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: I was just arrested for harassment against my girlfriend.she filed a restraining order.she later requested that it be

Dropped because she lied about it all. I have a 48 month suspended sentence. Should I go to trial

Gary Kollin
Gary Kollin answered on Sep 5, 2019

You need an attorney.

Dear Doctor. I just passed out and hit my head. I think I might have diabetes. Could you diagnose me over the internet?

1 Answer | Asked in Domestic Violence, Family Law, Adoption and Child Custody for Oregon on
Q: I live with my dad and he is mentally abusive to me mostly. I babysit my 2 siblings from 8 to 10 hours a day. I’m 15

I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?

Joanne Reisman
Joanne Reisman answered on Aug 19, 2019

You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Oregon on
Q: My boyfriend was arrested for domestic violence and I am not filing charges but the state is. He did not hit me.

We argued and police came after he left and my face was red from crying they said he did it and wouldn't listen to me at all. Now there's a no contact order. We are homeless and he is my saftey at night he makes sure I eat and makes sure we have a place to sleep. They arrested him without... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 10, 2019

The bottom line is you cannot make this go away, only the District Attorney or the Judge can. It maybe that the D.A. will not pursue the case, particularly if you do not cooperate, but it is up to them. You can talk with your boyfriend's attorney to see if you can help with his defense but... Read more »

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