Portland Domestic Violence Defense Attorney

Oregon law treats domestic violence crimes seriously. A conviction for this type of offense can result in sentences that include years in jail and thousands of dollars in fines. With these kinds of stakes, you should not wait to contact James O'Rourke if you have been accused of domestic violence. Our attorney has defended clients throughout Clackmas, Multnohmah, and Washington Counties and other areas of Oregon for over four decades. He has the know-how to fight for your rights and freedoms and tell your story in court. Find out more about your charges and how our Portland domestic violence defense lawyer might be able to help you in a free consultation. 

Schedule yours today by calling (503) 506-2836 or reaching out online. 

Understanding Domestic Violence Law in Oregon

Domestic violence is any harmful or threatening behavior between people who have a close relationship. This can include physical violence, attempts to cause harm, making someone feel afraid or unsafe, or engaging in sexual offenses. While other states have separate provisions for domestic violence and general assault, Oregon does not. 

Penalties for Domestic Violence Offenses in Oregon

The penalties for domestic violence in Oregon are the same as those for assault. Misdemeanor assault can result in a sentence of a year in jail and a fine of $6,250. 

There are three classifications of felony assault. Class C assault can carry sentences of five years in prison and fines amounting to $125,000. Sentences for Class B assault conviction can be up to ten years in prison and a $250,000 fine. For Class A assault, the sentences can include 20 years in prison and fines of up to $375,000. 

The severity of penalties will depend on the following and more:

• Whether the assault caused injuries
• The severity of the injuries
• If the defendant used a weapon 
• The defendant’s criminal record

Impact of Restraining Orders in Domestic Violence Cases

It is not uncommon for those who have been accused of domestic violence to also be subject to a restraining order. These can require individuals to refrain from contacting or going near another person. Reading, understanding, and following the terms of a restraining order are crucial. Violating an order can have severe consequences, including fines and jail time.

It is important to note that if a person has a restraining order against them, this does not mean they are guilty of domestic violence or any other crime. Additionally, contesting an order or parts of it, such as those dealing with child custody, is possible.

Steps to Contest a Restraining Order:

• Filing for a hearing no more than 30 days after receiving notice of the order
• Attending the hearing and making a case against the order