Domestic violence lawyer Clackamas, OR

What is Domestic Violence in Oregon?

Interestingly, domestic violence is not itself a crime in the State of Oregon. Rather, it is an enhancement for other crimes, usually assault, which has additional consequences on the person who has been charged with that crime.

Definition of domestic violence (ORS135.230 (3)): Domestic violence means abuse between family or household members.

Definition of abuse (ORS 135.230(1)): Abuse means either attempting to cause physical injury, causing physical injury, placing someone in fear of imminent serious physical injury, or committing sexual abuse.

Definition of family or household members (ORS 135.230(4)): Family or household members means either spouses, former spouses, adult persons related by blood or marriage, persons cohabitating with each other, persons who have cohabited with each other or who have been involved in a sexually intimate relationship, or unmarried parents of a minor child.

So for instance, charges like Harassment and Interfering with a 911 Call can’t be abuse under Oregon law and so cannot be domestic violence.

Consequences of Domestic Violence Conviction

The consequences of domestic violence are substantial. They are as follows:

1

At the time of the initial contact, many police agencies have a policy that someone goes to jail. That is, circumstances that may otherwise be handled without an arrest will often not be because of the addition of the domestic violence identifier.

2

Pending the outcome of the charge, the court will usually order the defendant to have no contact with the complainant. This often requires the client to be forced to move from his home. The court has the power to change this, but it requires a special process involving the complainant, and many courts won’t allow contact even when the complainant is asking for it.

3

Should the defendant be put on probation, he or she will often have to complete a domestic violence batterers’ intervention program. This is around 36 weeks long. Compare that with the 12 week anger management classes.

4

People who are immigrants or visitors to the United States, even if here legally, can be subjected to deportation or refusal of entry with a domestic violence charge on their record. Consult a qualified immigration attorney for more information.

5

Federal law prohibits the possession of firearms by people with domestic violence convictions, even a misdemeanor. 18 U.S.C. § 922(g)(9)

6

Some counties attempt to dramatically accelerate the resolution of domestic violence cases. This is often to the detriment of the defendant who may not have time to fully investigate and prepare a defense.

7

Civil compromise may not be available in domestic violence cases.

8

Domestic violence cases are often referred to formal probation even in counties where misdemeanors are not supervised by a probation officer.

Special Domestic Violence Programs in Oregon Courts

Some counties have programs to encourage defendants to participate in the batterers' intervention class willingly.

Under certain circumstances, you may be eligible for dismissal of your case upon successful conclusion of the batterers’ intervention classes.

All information contained in this website is for informational and advertising purposes only and should not be considered legal advice. No website can substitute for advice on your specific situation from a qualified experienced criminal defense attorney. Under no circumstances should anyone make any decisions on something as important as a criminal charge without consulting a qualified professional criminal defense attorney.You wouldn’t pull your teeth out without the services of a real dentist, don’t make decisions about your criminal charges without the services of a real criminal defense attorney.