Domestic Violence & Restraining Orders:
Portland and Beaverton, OR.

Restraining Orders

The area of Domestic Violence is an increasingly popular one for police officers and prosecutors. The legislature has been active in passing the Domestic Abuse Prevention Act wherein any person can obtain a Restraining Order as long as they assert they have been the victim of abuse during the previous 180 days.

When a statement of abuse appears in the Petition for a Restraining Order a Judge will sign it! Thereafter, the restrained person will often be ordered from the family home and will often lose custody of their children to his/her spouse. In addition, if a person violates the Restraining Order, he can be arrested and held in jail until a hearing.

In many cases, the person restrained should contest the Restraining Order and request a hearing for such purpose. If you do not request a hearing within 30 days, you lose your right to a hearing and the Restraining Order stays in effect for a period of one year. It can then be renewed for an additional year, and another, and another.

In addition, while you have a Restraining Order over you, you are always "at risk" to having your spouse or significant other allege that you have violated the Restraining Order. If this occurs, you will be arrested and, you will sit in jail for 2 weeks until your trial unless you can post bail; some counties require the full cash amount of $5000 as bail. Because of this "risk," Mr. Walker tries to get the Restraining Order dismissed, OR converted to a no-contact order if there is a pending Divorce, OR convert it to an Agreement which has much less risk involved.

Assault and Harassment

If a police officer is called to your home by a spouse, significant other, (or neighbor, for that matter) and if the police officer finds any evidence of violence (bruises, blood, abrasions, etc). you will be arrested and, in all likelihood, the District Attorney will then charge you with Assault in the Fourth Degree and Harassment. These two charges are both misdemeanors. However, if children are present OR if you have previously been convicted of assaulting this same person OR you have 3 previous Domestic Assault Convictions, you will be charged with Felony Assault in the Fourth Degree.

When you are arrested, you will get released on your own recognizance or upon posting bail. However, the Release Agreement will require that you have no contact with the victim (your spouse or significant other). If you violate the Release Agreement, you will be arrested and have to post bail; often $5000 full cash bail. If you cannot post bail, you will remain in jail until your hearing, at least two weeks later.

Mr. Walker can assist you in attempting to get the case dismissed and through investigating it thoroughly and speaking to the main witnesses.

• Diversion
  If this if your first charge of Assault and/or Harassment, you will be eligible for Diversion where your case is diverted from the Criminal Justice System for a one year period of time.
  
  To avail yourself of a Diversion, you must plead Guilty to the charge. The Judge does not then "accept" your plea of Guilty nor does he "sentence" you but rather he diverts the case and you enter a Batterers Specific counseling program usually consisting of one meeting per week for a minimum of 26 weeks, often 36 weeks. During this Program, you will agree to abstain from use of alcohol and drugs and periodically provide a urine sample for testing. In addition, you agree to "cooperate" and "participate" in the counseling. Further, you can have no contact with the victim until the program director approves such contact.
  
  If you complete the requirements of the Diversion Program, the criminal case is dismissed and you do not have a conviction on your record. However, should you violate the agreement by use of alcohol or drugs, failure to cooperate and participate in the counseling, or by having unauthorized contact with your spouse or significant other, you can be sent back to Court. This time, the Judge will "accept" your previous plea and pronounce sentence. At this time you will have a conviction record. And your sentence often requires that you complete the same Batters Specific Program you just failed. The second time around, if you fail the program, the Judge can terminate your probation and sentence you to jail.
  
  
• Innocence
  Some individuals do enter the Batters Specific Program even though innocent because they choose to just go along rather than hire an attorney and go through a trial on the matter. Often, however, it is in your best interest to contest the assault, plead Not Guilty and ask for a Jury trial.
  
  Again, as with all criminal matters, thorough preparation is a must. In some instances your spouse or significant other may be an effective witness for you by asserting that you did not do what was alleged or that they "slanted" it and you were just defending yourself.
  
  We have a high degree of success in these type of cases but you should call immediately because these cases are often on "expedited" trial schedule and you will face trial very quickly, sometimes as soon as a few weeks following your arrest.