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Oregon Domestic Violence Questions & Answers
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...
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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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1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Oregon on
Q: By law in Oregon.Do I have preceed a civil suit against my best friend for shoveing me and leaving bruises?

I don't want him in jail or fined.

Gregory L Abbott
Gregory L Abbott answered on Jul 25, 2019

Your question is a bit confusing. You have no legal obligation to report anything to the Police if you do not wish to. Once reported however, control of the matter is out of your hands and the district attorney will decide whether they wish to proceed with criminal charges (though they may have... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Can a DVC from Wyoming be used in Oregon and made to take classes in Oregon if it didn't happen in Oregon

Boyfriend is getting out of Prison in Oregon on drug charges but p.o. is saying that we can't have contact untill he does class for domestic violence charge that happen in Wyoming with his ex wife in 2015 but was not convicted can they do that

Gregory L Abbott
Gregory L Abbott answered on Mar 17, 2019

Most likely yes. If he wants to get out of prison early, he must agree to comply with and be under the supervision of a parole officer. That officer has great latitude and authority to require his parolees to do a variety of things and certainly insisting upon the successful completion of... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon on
Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

Mother removed children from oregon. Got restraining order for domestic violence and because children were being abused/neglected. Judge in oregon allowed father to violate order and virbal badger children and mother. Judge gave custody to father because of restraining order.

M. Nicole Clooten
M. Nicole Clooten answered on Feb 21, 2019

There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Q: If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it
Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 3, 2019

A court may issue a Family Abuse Restraining Order “upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition;” that "there is an imminent danger of further abuse to the petitioner;" and “that the... Read more »

1 Answer | Asked in Domestic Violence for Oregon on
Q: I need to appeal or a motion to dismiss a stalking order in Oregon how do I do that
Gregory L Abbott
Gregory L Abbott answered on Dec 19, 2018

If you were served a stalking order and contested it at a hearing in court, and lost at that Hearing, IF you think you have legal grounds to appeal it, you can do so as long as you do so in a timely manner. But you need to prove that the court made some sort of legal error, not just that you... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Q: I don’t want my child around my ex’s abusive boyfriend. No custody agreement is in order, only verbal. What can I do?

My child’s mothers boyfriend is abusive and has been arrested for strangling her before. I don’t want my daughter growing up around him, but I don’t have any court custody agreement what so ever. Just verbal agreements. What can I do?

Jessica Larsen
Jessica Larsen answered on Dec 17, 2018

If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that... Read more »

1 Answer | Asked in Domestic Violence for Oregon on
Q: What is the timeline for police to make an arrest on Domestic Violence allegations?

The police were called to my friend's house for Domestic Violence, 3 weeks ago. After spending an hour and a half at the residence, the police made no arrests. Today, 3 weeks later, they come and place my friend under arrest for Domestic Abuse. Can they arrest you 3 weeks later when they... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 30, 2018

Of course they can arrest him later, at their convenience - even a year or more later if they wish and think they can make a case.

3 Answers | Asked in Domestic Violence and Family Law for Oregon on
Q: I violated a civil restraining order, I sent messages to my wife on Facebook.She is mentally ill /possible sociopath

My wife of 21 years started showing many antisocial symptoms after we had troubles ( only time in 21 years we have had a single argument or issue) she has revealed a huge amount of mental issues and began becoming aggressive and gaslighting type actions . She was able to obtain an order against me... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 27, 2018

I understand the temptation but you need to understand that if she complains or anyone calls the violation to the court's attention, you will be jailed, with the main question being not if but for how long, and that being up to the Judge. It can also be expensive regardless of how it all... Read more »

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Q: Would withholding medical checkups to a minor be considered neglect? Also refusing to provide food and being controlling

My partner lives in an (from what I can understand) an emotionally abusive situation. His mother uses money to threaten him (take money out of his personal bank account or not buy essential items) and has become increasingly controlling over the past year. I was wondering if there were resources or... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Aug 14, 2018

In order to answer this question, I need some more information. Is your partner a minor or under guardianship? If he is a minor, this likely does not meet the threshold for neglect unless she has actually caused him harm from these threats. Also, there is a difference for what constitutes... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Oregon on
Q: My daughters dad has domestic absue against me. He is now stating if I die he is awarded sole custody.

I had a restraining order against him for a year. Did not renew as we needed to communicate. He also has an attempt of animal abuse charge, because he killed my dog. I have a major surgery scheduled in a few weeks, I wrote my will to state she is better fit to be with my brother and sister in law.... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 5, 2018

General speaking the biological parent has a superior right to parent their children over other people, however the court can remove the child from the biological parent's custody if it is necessary to protect the child. Unfortunately, no one here on an internet website can give you the type... Read more »

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