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Oregon Domestic Violence Questions & Answers
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... 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... 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 »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Oregon on
Q: Oregon law question. What factors make Oregon a minors home state also can DHS take our child if we aren't residents.

NOT home state.NON residents. False allegations with no foundation, no Evidence, no Proof. Railroaded and violated by DHS Eugene, Oregon. Got baby to Cali via ICPC. Scared to death and we relocated back to San Diego

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 12, 2017

If this is an Oregon Law question, why is it being posted in California. It won't be seen by the type of attorneys you need to see it. Please re-post

2 Answers | Asked in Family Law and Domestic Violence for Oregon on
Q: Petitioner wants to revisit FAPA-RO, for Em. $ Assit. HOW DO I. Judge said not what RO was for/Not going to allow

25yrs him $600,000. me $0, NO MONEY! not on accounts and I mean ZERO $ church is paying to keep me off street. HE IS A DEADBEAT! NO LAWYER has time they all want $$ upfront. no legal aid, no help so your answer needs to be tangible not with disregard. I HAVE FOLLOWED THE PAMPHLET PATH from home to... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 27, 2017

The judge has ruled. You can accept it or you can appeal it, which could take several months to years to resolve. If you need financial assistance from the other party, you should consider filing an action for divorce or legal separation if you are married to the respondent and seek a temporary... Read more »

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2 Answers | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Oregon on
Q: MIL hit me while pregnant and holding baby and was arrested with no contact. Her BF is trying to evict us now

We are staying with my MIL & her BF since we just moved back to Oregon & paying him rent.My MIL forgot my daughter at the bus stop & left my son unattended while she went to look for the bus.I came home from work & told her i didn't want to talk about it right now & she got... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 15, 2017

If you neither own the property nor are the primary person on the lease, the person who has the right to occupy the property, the boyfriend who rented the place, can decide who can live there. As long as he gives you proper notice under the landlord tenant law, you may just have to move. I... Read more »

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2 Answers | Asked in Domestic Violence and Family Law for Oregon on
Q: If my husband is disable trought VA and social security and we been marry since 2004 , and I suffer domestic violence

And suffer domestic violence for most of the time in been marry and don't work and suffer for pstd, and depression, what rights I have I can have spousal support o alimony, we buy a house just 1 year and 1/2 ago

Joanne Reisman
Joanne Reisman answered on Sep 14, 2017

This may be a very complicated situation especially if you are getting disability which is either SSD or SSI or some combination. You really need to make an appointment and talk to an attorney about your situation. If you haven't already applied for disability you may need to apply and get... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: If my 15 yr old niece is being physically abused by her 15 yr old BF what options does my sister have?

Even when they attend the same school?

Gregory L Abbott
Gregory L Abbott answered on Sep 1, 2017

She can report the abuse to the school; she can report the abuse to the police. Child abuse is nothing to take lightly, regardless of who the perpetrator is. IF she can stop the BF now at age 15, there is a reasonable chance that she can prevent what is otherwise likely to turn into a life-long... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Oregon on
Q: What do I need to be prepared for or make sure I bring for an Order to show cause hearing for an Enft of Parenting time

FAPA in place

Gregory L Abbott
Gregory L Abbott answered on Aug 30, 2017

Show Cause Orders, Parenting issues, and FAPA Orders are all not do-it-yourself projects if you care about the outcome. What you need to bring with you to court is an attorney. It is that simple.

2 Answers | Asked in Domestic Violence for Oregon on
Q: My ex is saying that i threatened him to come over, we currently have a no contact order in place?

What do i do if he hit me when he came? I have a busted lip. Am i going to be in any kind of trouble since i did contact him?

Gregory L Abbott
Gregory L Abbott answered on Aug 25, 2017

It sounds as if you both violated the no contact order and thus both may be subject to penalty by the Judge. That said, his violation sounds considerably more serious than yours but in the end, it all depends upon how the Judge sees it.

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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Oregon on
Q: Can I get a restraining order on my roommate/her family? I am being threatened and have been assaulted by them.

My roommate has been trying to get me to move out for a while now but we are both on the lease and I've done nothing to violate the lease. She gave me a 30 day notice herself and when I told her I'm not going to leave because I don't have to she got upset. Her family has come into... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 28, 2017

You are asking essentially the same question a second time - and it does not change the answer. No, she cannot evict you; yes, the landlord may be able to with proper notice and proper procedure. As to the restraining order, that is a very fact specific inquiry and process that you need to review... Read more »

2 Answers | Asked in Civil Rights, Domestic Violence and Landlord - Tenant for Oregon on
Q: can my roommate evict me? she is threatening me if i dont.

I have been having issues with my roommate for a while. At first it was minor things like me leaving the shower curtain open or having a guest or two over when she was home, but now it has gotten to where me and my family no longer feel safe here. In the beginning I tried to reason with her, I... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 28, 2017

If you both are on the same lease, only the landlord can evict you and only then with proper notice, lawfully worded and legally served. A co-tenant has no more right to evict you than you do her. To the extent she or her guests are creating physical altercations with you or your guests, you... Read more »

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1 Answer | Asked in Domestic Violence for Oregon on
Q: I need some help responding to restraining order, regarding the verbal AND emotional abuse (that has been documented)
Gregory L Abbott
Gregory L Abbott answered on Jul 27, 2017

Restraining Orders are not to be taken lightly - they can affect the rest of your life by interfering with potential jobs; resulting in denials of security clearances; prohibit firearm ownership; even affect your ability to rent a residence and a variety of other potential issues. Yes, you should... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Oregon on
Q: I have past history regarding Salem police Oregon not helping/arresting yrs later going threw it again.im disabled

My 21 son gang affliation drug use hasn't changed found lots magic mushrooms took out of my house police made me give it back to him,he abuses me in my house I'm disabled police won't do anything

Gregory L Abbott
Gregory L Abbott answered on Jun 27, 2017

Depending upon what you mean by your son abusing you, you may qualify for a elder-disabled person restraining order. You would be well served by consulting an attorney to determine your rights and whether applying for such a restraining order is likely to be successful. If so, the police will... Read more »

1 Answer | Asked in Family Law, Domestic Violence, Federal Crimes and Juvenile Law for Oregon on
Q: Can my girlfriend file a restraining order against her mother's boyfriend?

My girlfriend (16) is currently living with her mother. Her mother recently got back together with her ex-boyfriend who cheated on her and abused the both of them for years. He also watched my girlfriend change her clothes when she was about 8 years old. He has recently been threatening to hit the... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 1, 2017

Your girlfriend may or may not qualify for a restraining order against the boyfriend. If she is living with Mom and her boyfriend, and there are both credible threats of repeat violence she may qualify. One potential problem, though, is that she is underage and would need someone 18 or older to... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Q: I was wondering what are the oregon laws on custody and Visitation when the father uses illegal drugs??

I have photographic evidence of his drug use. Specifically meth and Heroin. I alreadt have temporary sole custody due to abuse. But he is avoiding the server for the protective order.

Joanne Reisman
Joanne Reisman answered on Mar 22, 2017

Your question doesn't make sense. With respect to custody and parenting time the court generally makes a customized order for each case. Generally speaking you need to keep your child out of any potentially dangerous situation and that includes keeping the child away from a parent who is... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Oregon on
Q: What can i do if my boyfriends ex wife has made threats to hurt me or my property such as car

Threats have been made indirectly like ... I don't care if I go to jail you know me ...

Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 23, 2017

You may be able to get a stalking protective order if your BF's former spouse knows that her contacts are unwanted and there have been two or more unwanted contacts within the past two years that have caused you to fear for your safety. If you haven't already done so, you should notify... Read more »

1 Answer | Asked in Business Law, Domestic Violence and Civil Litigation for Oregon on
Q: My ex finance refuses to pay money he owes and return my property. There is physical and verbal abuse what do I do?

My ex pushed a quick engagement and moved me from CA to OR. I quit my job, sold many things and moved. He stated if there was a break up he would move me back and pay for my expenses to reestablish. I worked for him part time and he refuses to pay outstanding wages and refuses to pay the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 23, 2017

First, if you knew all about his past to begin with, why did you agree to date him let alone move for him? While not a legal question, it is something to ponder, as a jury will do the same if you went all the way to court on many of your above issues.

Otherwise, I would also suggest not...
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