Oregon Domestic Violence Defense

Involved in a Domestic Violence Dispute in Oregon?

Qualified Oregon criminal defense attorneys have the knowledge, skill and experience that will provide you with the best possible defense for your case

Facing Domestic Violence Charges

The immediate need of a defense attorney after being arrested for a domestic violence dispute is no simple matter. If you are being charged with domestic violence, this complicated matter can certainly make you feel as if there are no solutions to your situation. In many cases, a domestic violence defendant can face being ordered to leave his or her home; being prohibited to visit or even see his or her children; and can even demand imprisonment. While these are some of the most severe results of being charged with domestic violence, they are nonetheless common results. In many cases, defendants will also run the risk of losing his or her employment. This is particularly true if the defendant works in the justice field or public sector.

If you have been accused and charged with domestic violence, an expert attorney can champion for your rights. A criminal defense attorney will see that the charges you are facing fit your crime. Further, he or she will fight to protect your rights and see these rights are upheld and protected.

Domestic Violence

The United States Department of Justice website defines domestic violence as being a recurring behavior which is abusive in a relationship. This abusive behavior is typically caused by one individual on to the other in order to be controlling or gain power over him or her. Domestic violence can take many forms. It can be sexual abuse, or even economic abuse. Domestic violence can also be psychological abuse. Threatening, which negatively influences a victim, can also be considered domestic violence. The most commonly known form of domestic violence is physical, however, in which on partner physically hurts or injures the other. In domestic violence disputes, abusive patterns of behavior can include, but are not limited to:

• A recurring humiliation of an individual;
• Purposefully terrorizing or coercing the other individual; and/or
• Repeatedly intimidating and manipulating a victim.

While domestic violence is most commonly initiated between intimate partners, domestic violence can also be a charge concerning anyone who lives under the same household. For example, domestic violence can happen between parents and children, grandparents, or any other individual who lives in the same property. No relation to the individual is necessary.

What Are The Oregon Penalties If You Are Charged?

If you are officially determined guilty in domestic violence charges, Oregon penalties range from a misdemeanor to a felony classification, depending on the severity, repetition, and other circumstantial aspects of the case. Unlike most states, importantly, Oregon has a very strict definition for "family or household members", so in order to have commited a “domestic violence” crime, that can only mean against one (or more) of the following groups of people:

• Spouses
• Former spouses
• Adults related by blood, marriage, or adoption
• People who are living together, or who have previously lived together
• People who have been involved in a sexually intimate relationship within the last two years, or
• The unmarried parents of a child

Oregon also doesn’t have a specific Domestic Violence category in either their misdemeanor or felony crime classes, rather, common domestic violence are scattered throughout the classes. What may aggravate the sentencing and give meaning to the Domestic Violence label is, as you might guess, the long term and repetitive nature common to DV, as well as incurred emotional abuse. For misdemeanors, common domestic violence crimes may fall into the following categories:

• Class A Misdemeanor. DV crimes in this class include obstructing governmental or judicial administration (such as tampering with or intimidating the plaintiff, or attempting to destroy evidence of DV); first-degree disorderly conduct; fourth-degree assault; and contributing to the sexual delinquency of a minor. Committing one of these misdemeanors can result in up to one year incarceration, and/or up to $6,250 in fines.
• Class B Misdemeanor. DV crimes in this class include unlawful sound recording and harassment. Committing one of these crimes can result in up to six months incarceration, and/or up to $2,500 in fines.
• Class C Misdemeanor. DV crimes in this class include encouraging animal abuse (such as forcing a family member to get rid of pets by way of hurting them); third-degree theft; and sexual misconduct. Committing one of these crimes can result in up to 30 days incarceration, and/or up to $1,250 in fines.
• Unclassified Misdemeanors. These are misdemeanors that aren’t classified by any of the three class letters. A DV crime in this category include pointing a firearm at another person. As “unclassified”, these crimes don’t have an automatic incarceration penalty, or a set fine. Rather, the court will decide an appropriate punishment on a case-by-case basis.

As for felonies:

• Class A Felony. DV crimes in this class include first-degree rape; first-degree manslaughter; aggravated vehicular homicide; and first-degree assault. Committing one of these felonies may result in up to 20 years imprisonment, and/or fines up to $375,000.
• Class B Felony. A DV crime in this class includes first-degree aggravated theft. One of these felonies may result in up to 10 years imprisonment, and/or fines up to $250,000.
• Class C Felony. DV crimes in this class include mail theft or receipt of stolen mail (such as refusing to give a family member their mail); second-degree burglary; and promoting prostitution. Committing one of these felonies may result in up to five years imprisonment, and/or fines up to $125,000.
• Unclassified Felonies. These are felonies that aren’t classified by any of the three class letters. Unclassified felonies that may be DV crimes include murder, aggravated murder, and murder of a pregnant victim. As “unclassified”, they don’t have an automatic incarceration penalty, or a set fine. Rather, the court will decide an appropriate punishment on a case-by-case basis.

The primary factors influencing which type of penalty is likely to be imposed are the following:

• The victim’s relationship to you; for instance, domestic violence against one of your parents, versus domestic violence against a spouse or live-in partner.
• The nature of the purposeful terrorizing and/or coercing of the other individual; and/or
• Repeatedly intimidating and manipulating a victim, and to what extent this effected the victim’s daily life.

Facing Wrongful Domestic Violence Accusations

Unfortunately, there are countless situations in which one individual wrongfully accuses his or her partner of committing domestic violence. Aggrieved partners are able to make a simple accusation that will spark an investigation, which can ultimately change a person’s life. When feeling angry or betrayed, a resentful partner can make a wrongful accusation in an attempt to get revenge. Messy divorces or separations can often be a difficult situation to experience and if children are involved, it is common to see false accusations arise due to the attempt to gain sole custody of the children. These types of cases can quickly become very stressful and traumatic. A dangerous battle of hearsay can take a complete hold on your entire life. False accusations can be common and if this is your case, contacting an expert attorney can help overturn your case.

The Repercussions of Being Accused of Domestic Violence

Being charged with domestic violence can be one of the most devastating crimes you can be charged with. If you have been accused and charged with domestic violence, it is important that you know that this type of case can affect your employment. It can also affect any future employments and/or promotions. Hiring a qualified attorney who has experience in the matter can greatly benefit your case. An expert attorney will be able to determine if the charges filed against you fit your actions. He or she will also be able to see that your civil rights are being upheld.

If you have been blamed and charged with domestic violence, the implications of such can take an immediate effect on your life. Before you are legally convicted, you can be forced to move out of your home and you can also be prohibited to have contact with your children, if they are underage. Many domestic violence convictions can indicate a denial or severe visiting limitations with your children. In the worst cases, a conviction can implicate a complete loss your child’s custody. In addition to losing parental rights, a domestic violence defendant can be imprisoned, pay fines or post bail, be ordered to enroll in anger management programs, counseling, or even be placed in probation.

Defend Your Case

Being charged with domestic violence can have serious and immediate consequences. Unbeknown to many defendants, investigations can begin immediately without the need of much evidence. It is important that you begin working on your defense case sooner, rather than later. Don’t wait until it becomes harder to prove your case, begin defending your case immediately. Hiring an expert criminal defense attorney can be beneficial to your case. False accusations can happen to anyone, and even if that is not your case, you still have rights that can and should be protected. A qualified attorney should be knowledgeable and experienced in investigating the complications and difficulties of a domestic violence case. A professional attorney will also be sympathetic to the emotional nature of the case. A qualified criminal defense attorney will have the knowledge, skill and experience that will provide you with the best possible defense to your case.