Domestic Violence Charges

Domestic violence charges are tough but winnable.

Domestic violence cases are tough. That’s why you need a good lawyer on your side. I defend domestic violence cases in Oregon and Washington. Contact me to arrange a free consultation about your case.

Domestic violence charges are some of the most difficult cases to deal with as a defendant. You could be separated from your family by court order. Domestic violence charges can’t be settled out of court (like some other charges). Everything is emotionally charged. I’m experienced in domestic violence defense and can help you protect your rights and win your case.

Oregon

What does domestic violence mean in Oregon?

Domestic violence is a designation the courts apply to crimes that allegedly occurred between family or household members. Family or household members means spouses, former spouses, adults related by blood or marriage, people living together, people that have lived together or have been involved in a sexually intimate relationship or the unmarried parents of a minor child.

Domestic violence means “abuse.” Abuse means 1) attempting to cause or intentionally, knowingly or recklessly causing physical injury; or 2) intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or 3) committing sexual abuse in any degree. This definition mostly limits domestic violence charges to person crimes – property crimes theft or criminal mischief probably don’t fall under this definition.

Mandatory Arrest

In Oregon, an officer must make an arrest if he responds to a domestic disturbance between family or household members and determines that he has probable cause that someone was assaulted or put in fear of imminent serious physical injury.

This can lead to the unfortunate situation where, following an argument, one party blows it out of proportion (or lies) and the officer is required to arrest someone.

No Contact Orders

No contact orders are sometimes the worst part about being accused of  a crime of domestic violence. The order can prevent you from going home or contacting the protected party. Sometimes, this can indirectly prevent you seeing your children or getting your property. You could even be charged with a new crime if someone says you broke the order.

Many courts issue no contact orders while domestic violence charges are pending.Judges can be convinced to lift no contact orders in some circumstances.  I can help you put your best foot forward when talking to the judge and prevent it, terminate it or modify it to minimize the impact on you.

Consequences of Conviction/Domestic Violence Treatment

The consequences following conviction for a crime of domestic violence can be severe. You can face formal probation for up to 36 months, court costs in excess of $750.00, losing your right to possess a firearm or ammunition, jail time, a batterers intervention program lasting 48 weeks plus 3 monthly sessions, and a no contact order.

The no contact order can be one of the biggest hurdles to getting your life back on track. It can prevent you from seeing your family or returning to your home until the judge allows you to have contact again.

You Can Win Your Case

It is surprisingly hard for the government to win domestic violence cases. They are often messy. Witness change their stories. The police take the accusations at face value. They don’t do full investigations. There may not be any physical evidence.

You can win your case. I have a winning record defending of domestic violence cases.

Contact me and I’ll help you.

 

Washington

What does domestic violence mean in Washington?

Domestic violence is a designation the courts apply to crimes that allegedly occurred between family (or household) members. Family or household member means pretty much anyone you’re related to, ever had a relationship with or ever lived with.

Almost any type of crime can be designated a crime of domestic violence. Charges of theft between brothers can be charged as theft domestic violence. Allegations of theft between roommates can be charged as theft domestic violence. A pushing match between former roommates can be charged as assault domestic violence. The domestic violence designation doesn’t mean it was a violent crime or that it was an assault. Unfortunately, not everyone knows this and potential employers or landlords may judge you based solely on a domestic violence designation without learning anything else about your charge.

Domestic violence can be felony or a misdemeanor. Misdemeanor charges include Assault 4 (the lowest level of assault), harassment (making threats), malicious mischief (breaking something) or trespass (going somewhere you’re not supposed to go). Felony charges are the more serious version of these charges.

Domestic violence charges can keep you from your family.

No contact orders are sometimes the worst part about being accused of  a crime of domestic violence. The order can prevent you from going home or contacting the protected party. Sometimes, this can indirectly prevent you seeing your children or getting your property. You could even be charged with a new crime if someone says you broke the order.

Many courts issue no contact orders while domestic violence charges are pending.Judges can be convinced to lift no contact orders in some circumstances.  I can help you put your best foot forward when talking to the judge and prevent it, terminate it or modify it to minimize the impact on you.

You can beat domestic violence charges.

It is surprisingly hard for the government to win domestic violence cases. They are often messy. Witness change their stories. The police take the accusations at face value. They don’t do full investigations. There may not be any physical evidence.

You can win your case. I have a winning record defending of domestic violence cases.

Contact me and I’ll help you.