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Oregon Domestic Violence Questions & Answers
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 be... 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 reading... 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 again,... 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 don't... 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 rightfully... 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 turns... 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 of... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Do character reference letters get read out loud during sentencing

If read out loud it will hurt my relationship with my family

Kenneth Kahn II
Kenneth Kahn II answered on Mar 21, 2018

Character counts. When the judge meets you, they're meeting you for the first time. Never miss a chance to make a first impression. Dress respectfully. Bring witnesses who can speak out loud about your good character. Have your lawyer read reference letters out loud. They should be read... Read more »

1 Answer | Asked in Domestic Violence for Oregon on
Q: Can a victim get in trouble for violating a no contact order before trial if the perpetrator initiated contact first?

After an incident where I was driving with my boyfriend and he took control of the steering wheel, swerved the car, hit the dashboard and damaged the interior, and was arrested with a no contact order in place (at least until the trial), he then contacted me and I responded and we’ve spent time... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 6, 2018

The no contact order is apparently against him - not you. So no, you are not subject to being penalized for having contact with him though if you do, you are subjecting him to immediate arrest if he is caught in contact with you. If you have contact with him, his obligation is to immediately... Read more »

1 Answer | Asked in Domestic Violence for Oregon on
Q: If a domestic violence crime occurred and no charges were

filed but the person told their paroleto bring the charges up

Gregory L Abbott
Gregory L Abbott answered on Feb 20, 2018

I am confused - I don't know what you mean by "told their parole to bring the charges up". There also does not seem to be a question here to be answered. Try again.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Oregon on
Q: My ex has violated a temp stalking order placed on him in August. How will this effect the case?

I am in the middle of a custody battle. I believe my ex is unstable mentally but not diagnosed. He has broken the stalking order by contacting via phone. The police arrested him last friday and he has been in jail all weekend. I am afraid of what will happen when he is released which i assume... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 29, 2018

No, there is no automatic win BUT it will likely favor your position with the court. All in all, you need to review it with your custody attorney and if contacted again, immediately report it to the police. A second violation of the restraining order is likely to keep him in jail for awhile.... Read more »

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Criminal Law for Oregon on
Q: I've threats from a man of death and bodily harm. The man has extensive history of beating women. What do I do?

My neighbor's boyfriend has beaten her repeatedly. I've called the police, which has resulted in his arrest. He has now threatened to kill me. I've never been scared of anyone, but he has visibly changed, his demeanor towards me has become more threatening to my kids and myself. My apartments are... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 4, 2018

Well first, given this fact pattern, if anything happens to you the police are already likely to be highly suspicious of him. Small comfort to you though. You should ask the Deputy District Attorney prosecuting this creep to immediately have a restraining order entered to protect you. Once in... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: My unmarried partner has threatened to kick me out, declare me an unfit parent and take our son away.

What can I do to protect myself and prove I am not unfit? I am on disability due to fibromyalgia and see a therapist for PTSD. My partner is bi-polar and has schizophrenia that he refuses to treat. Our son is autistic and requires a lot of care and patience. I am his primary caregiver. How can I... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 23, 2017

It sounds like the problem is you choosing to stay with your abusive partner. Your partner has now power to take your son away. He can report whatever he wants to children's services. If you move out with your son and go to a stable living environment I can't imagine that children's services... Read more »

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1 Answer | Asked in Child Custody and Domestic Violence for Oregon on
Q: The state took my kids out of my custody for child neglect. I have court tomorrow what are my rights and what happens?
Joanne Reisman
Joanne Reisman answered on Nov 30, 2017

You have the right to a court appointed Attorney when you are involved in a juvenile court matter. So either request a court appointed attorney or be prepared to pay privately for one and have them there with you tomorrow. Most people get court appointed attorneys because the cost of private... Read more »

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