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Oregon Domestic Violence Questions & Answers
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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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 B. Waxman
Tobie B. 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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