Portland, Oregon Domestic Violence Lawyers
Experienced representation if you’re charged with domestic violence crimes
Many complaints of domestic violence lead to an arrest. Often, the police just want to separate the spouses or partners - so they make an arrest – and let the courts resolve the conflict. A conviction of a domestic violence charge can mean having a criminal record, which can affect your reputation, your employment, and where you live. Even a compromise can impose restrictions such as the need for counseling and limitations on contact with the complainant. At Philbrook Law, our Portland defense lawyers work aggressively to contest the criminal charge and assert your rights. Our Portland domestic violence lawyers also work to minimize any restrictions the court may place on your rights and relationships. Call us today to protect yourself.
How can we help?
- What is domestic violence?
- What are the penalties for domestic violence in Portland?
- What domestic violence release criteria will the court review?
- What are the possible outcomes of a domestic violence charge in Portland?
- How do you help domestic violence defendants in Portland?
- Do you have a Portland domestic violence defense lawyer near me?
What is domestic violence?
Oregon law defines “Domestic violence” as abuse between family or household members.
The definition of abuse is:
- Attempting to cause or intentionally, knowingly, or recklessly causing physical injury,
- Intentionally, knowingly, or recklessly placing another in fear of imminent serious physical injury, or
- Committing sexual abuse in any degree as defined in [the Oregon statutes].
Practically, domestic violence also includes assault, stalking, sexual or psychological harassment, and other improper conduct.
“Family or household members” means any of the following:
- Spouses
- Former spouses
- Adult persons related by blood or marriage
- Persons cohabiting with each other
- Persons who have cohabited with each other or who have been involved in a sexually intimate relationship
- Unmarried parents of a minor child
What are the penalties for domestic violence in Portland?
Defendants who are found guilty of domestic violence can be charged with a felony or a misdemeanor depending on whether weapons were involved, the severity of any injuries, whether other offenses such as burglary were committed, and many other factors.
The penalties for domestic violence, depending on whether the office is a felony or a misdemeanor, can include:
- Lengthy prison sentences
- Large fines
- Restraining orders
- Loss of the right to own a firearm if the offense is a felony
- Civil lawsuits
- Immigration consequences
- Inability to find work or keep a job
- Other consequences
After an arrest, defendants may be released on their own recognizance (the promise to appear at all court hearings) or on a conditional release. A conditional release “means a nonsecurity release which imposes regulations on the activities and associations of the defendant.” Defendants can also be released based on a security release – a release that involves the post of cash, stocks, or real property.
What domestic violence release criteria will the court review?
The judge assigned to your case has the authority to condition your release on specific primary and second release criteria. Release criteria are the conditions you must follow (by a release agreement or by a release decision) while your case is pending. If there is a conviction, the court can impose additional release criteria.
“Primary release criteria” include the following:
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- The reasonable protection of the victim or public
- The nature of the current charge
- The defendant’s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required
- Any facts indicating the possibility of violations of law if the defendant is released without regulations and
- Any other facts tend to indicate that the defendant is likely to appear.
“Secondary release criteria” include the following:
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- The defendant’s employment status, history, and financial condition
- The nature and extent of the family relationships of the defendant
- The past and present residences of the defendant
- Names of persons who agree to assist the defendant in attending court at the proper time and
- Any facts tending to indicate that the defendant has strong ties to the community.
What are the possible outcomes of a domestic violence charge in Portland?
At Philbrook Law, our criminal defense lawyers help defendants who are charged with domestic violence contest those charges. In many cases, we work to negotiate agreements that involve the prosecution and the complainant – subject to the judge’s approval.
The possible outcomes include having the charges dropped or dismissed and an acquittal after a hearing. Other domestic violence outcomes include:
- Restitution. The defendant is ordered to pay for any financial damages due to the abuse, such as medical expenses, counseling costs, property damage, and other expenses.
- Civil compromise. Here, the defendant and the victim reach their own agreement. The complainant agrees to dismiss the charges in return for compensation and other factors. Both parties must consent. A civil compromise can generally only be used for misdemeanors, not felonies.
- Deferred sentence. This outcome involves a plea by the defendant of guilty or no contest – but sentencing is postponed for a set time period. During this time period, the defendant must comply with certain terms, such as refraining from contacting the complainant and attending anger management or other types of counseling. If the defendant complies with the terms, the charges are dismissed. If the defendant does not comply with the terms, the court will then sentence the defendant.
- Probation. Here, the defendant is released after a guilty plea or no-contest plea has been entered. The terms of probation may include counseling, contact restrictions, no further criminal behavior, and other conditions. Violations of the probation terms can result in imprisonment, extended probation, and new penalties and fines.
How do you help domestic violence defendants in Portland?
Most domestic violence disputes in Portland are based on the testimony of the victim and the defendant. In some cases, medical testimony may be introduced to verify any physical or psychological injuries. The police may be called to testify – but they can only testify to what they observed.
Our Portland domestic violence lawyers work to obtain a dismissal or an acquittal. We also work to obtain acceptable terms of restitution, civil compromises, deferred sentences, or probation – as discussed above.
We can also review with you the following issues which can affect the charges that can be filed, your release conditions, and the outcome of your case:
- Whether there is any medical evidence to support an injury claim
- How the domestic dispute started
- Your domestic relationships
- Why the police were called
- Any prior incidents
- Your criminal record
- Whether any weapons were involved
- Whether a divorce or any other family law matter is pending
- If either party has a history of substance abuse
- Whether either party has had counseling
- Who owns or rents your home
- Your employment status
- Many other factors
Do you have a Portland domestic violence defense lawyer near me?
Philbrook Law meets anyone who is charged with domestic violence at our Portland, Oregon office located at 107 SE Oregon St., Suite 520. We also discuss domestic violence cases by phone and through video conferences. If you’re being detained, we can make alternative arrangements to meet you.
Your rights are at stake. Our Portland criminal defense lawyers will fight to restore those rights and your reputation.
Speak with our Portland domestic violence lawyers now
You need to take domestic violence seriously. Your freedom, finances, and reputation are at stake. At Philbrook Law, we’ve been fighting for defendants for 20 years. Our Portland domestic violence lawyers understand the factors that judges, prosecutors, and victims consider when discussing agreements and when your case is heard before a court. To schedule a free consultation, please call us or fill out our contact form. We represent clients in the greater Portland area and in Washington state.