OREGON ELAW

  • DOMESTIC DISTURBANCES 4.1
    4.1.1 PURPOSE

    • To ensure uniform enforcement of the Oregon Domestic Disturbance Law (Criminal Custody Statue) and the Abuse Prevention Act (Civil Custody Statue).

    4.1.2 STATUTES

    • The following statues are applicable to this procedure:

    1. ORS 107.705 http://www.leg.state.or.us/ors/107.html

    2. ORS 133.055 Criminal citations; exception for domestic disturbance; notice of rights     http://www.leg.state.or.us/ors/133.html

     3. ORS 133.310 Authority of peace officer to arrest without warrant http://www.leg.state.or.us/ors/133.html

    4. ORS 30.866 Action for issuance or violation of stalking protective order; attorney fees     http://www.leg.state.or.us/ors/030.html

    5. ORS 124.015 Hearing upon request of respondent; relief; settlement; effect of proceedings http://www.leg.state.or.us/ors/124.html


    7. ORS 419B.845 Restraining order when child abuse alleged http://www.leg.state.or.us/ors/419b.html (NOTE: 419B.190 was renumbered in 2001)

     8. ORS 24.190 Foreign restraining orders http://www.leg.state.or.us/ors/024.html

    9. ORS 133.315 Liability of peace officer making arrest http://www.leg.state.or.us/ors/133.html


    4.1.3 DEFINITIONS

    A. The following definitions as they apply to this procedure are taken from ORS 107.705:

    1. “Abuse” means the occurrence of one or more of the following acts between family or household members:

    a. Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.

    b. Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.

    c. Causing another to engage in involuntary sexual relations by force or
    threat of force.

    2. “Child” means an unmarried person who is under 18 years of age.

    3. “Family or household members” means:

    a. Spouses.

    b. Former spouses.

    c. Adult persons related by blood, marriage, or adoption.

    d. Persons cohabiting or who have cohabited with each other.

    e. Persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing by one of them of a petition under ORS 107.710 (for a restraining order).

    f. Unmarried parents of a minor child.
    4. “Cohabit” as used in this procedure (ORS 107.705) means to live together as husband and wife, to live together in a sexual relationship when not legally married. “Cohabit” does not include platonic roommates.

    5. “Interfere” means to interpose in a manner that would reasonably be expected to hinder or impede a person in the petitioner’s situation.

    6. “Intimidate” means to act in a manner that would reasonably be expected to threaten a person in the petitioner’s situation, thereby compelling or deterring conduct on the part of the person.

    7. “Menace” means to act in a manner that would reasonably be expected to threaten a person in the petitioner’s situation.

    8. “Molest” means to act, with hostile intent or injurious effect, in a manner that would reasonably be expected to annoy, disturb or persecute a person in the petitioner’s position.

    4.1.4 PROCEDURES

    A. Criminal Custody Statute

    1. Upon arrival at a domestic disturbance, officers shall:

    a. Take whatever reasonable action is necessary; and

    b. Make every attempt to determine who is the primary aggressor.

     2. If an officer has probable cause to believe that there has been a violation of the assault or menacing statutes, the officer shall:

    a. Arrest and take into custody the alleged assailant(s) or potential assailant(s);

    b. Charge the suspect with the appropriate crime and lodge him/her at the Multnomah County Booking Facility.
    B. Civil Custody Statute

     1. Officers at the scene of an alleged violation of a restraining order shall contact Records requesting a LEDS check for the order, after first verifying the full names and date of birth of both the petitioner (victim) and respondent (suspect).

    2. Upon obtaining verification of the existence of a valid order, the officer shall request Department Records Section Personnel contact the agency entering the order.

     a. If the Officers need additional information about specific restrictions within the order.

    b. If either party is claiming that the order has been modified.

    3. If, after confirmation with the entering agency, it is determined that the
    terms of the restraining order have been violated, the officer is required to arrest the violator.

    4. Persons arrested for violation of restraining orders will be charged with “Civil Contempt” and lodged in the Multnomah County Booking Facility.

    5. Restraining orders from any jurisdiction in the United States will be enforced in any jurisdiction within the United States.

    C. Information for Victims of Domestic Violence

    1. An officer, having reason to believe that a family or household member has been abused, shall give that person a copy of the Information For Complainants And Crime Victims form (appendix 4.1A).

    2. If an arrest has been made or if a person wishes to file a formal complaint, the officer shall instruct the complainant in the complaint process prior to the officer’s departure from the scene by providing the Information For Complainants And Crime Victims form (appendix 4.1A).

    3. If no arrest is made, refer the case to the Domestic Violence Unit in our Department. DO NOT advise the victim to go to the District Attorney’s office in a non-arrest situation.

    D. Civil Standbys

    1. If there is a valid restraining order prohibiting the respondent from going to the petitioner ’s residence, or having contact with the petitioner, and the respondent needs to get essential personal effects from the petitioner’s residence, the respondent may request a civil standby.

    2. A civil standby will be coded a two-member, Priority 3 call by BOEC. Members assigned will not be dispatched to another call until the standby/move out is completed.

    3. Responding members will meet the respondent at a neutral location and confirm with the requestor that there will be a maximum of 20 minutes allowed for the standby. The respondent may be referred to the restraining order under Essential Personal Effects. Articles the member is aware are in dispute will not be removed from the residence. The member may advise respondent to seek private legal advice as to the distribution of disputed property.

    4. Members will accompany the respondent to the location. Prior to allowing the respondent inside the location address, members will ascertain if the petitioner will allow the removal of property. If the petitioner is uncooperative, the respondent will be instructed to seek private legal advice and obtain a court order to obtain the desired personal effects, and the respondent will be asked to leave the scene. Respondents who refuse to leave are subject to arrest for violation of the restraining order.
    5. If the petitioner is not present, the member will not allow entry into the residence or the removal of property from the residence or location. The members will instruct the respondent that the restraining order is still in effect and the respondent should leave. The respondent may try again, when the petitioner is present.

    6. A civil standby is intended only to facilitate the removal of essential personal belongings, which include, but are not limited to, clothing, diapers, medications, Social Security cards, birth certificates and identification. Personal effects belonging to children may be removed, if the respondent has custody of the child/children.

    • Report Writing Requirements

    1. Unless approved by a supervisor, all domestic violence related reports must be completed and turned in to the shift supervisor by the end of the shift.





     Carla C. Piluso
    Chief of Police





















    APPENDIX 4.1A

    INFORMATION FOR COMPLAINANTS AND CRIME VICTIMS
    Gresham Police Department 1333 NW Eastman Parkway Gresham, OR 97030 (503) 618-2318

    Case Number (If any) Date Time Responding Officer/DPSST #


     ADULT SUSPECT—ARREST MADE. Police have arrested and lodged an adult suspect in the
    Justice Center Booking Facility (JCBF).
     FELONY: The Multnomah County District Attorney will contact you regarding the case.
    MISDEMEANOR: You must contact the Multnomah County District Attorney’s Misdemeanor Intake Office at (503) 988-3860 before 11 a.m. on ___/___/___. (See notice below)
     DOMESTIC VIOLENCE ACT: You must contact the Multnomah County District Attorney’s Domestic Violence Office by phone to schedule an appointment to discuss filing criminal charges against your assailant. The office phone number is (503) 988-3222. You must call before 11 AM on ___/___/___. (See notice on the back of this form)

    ADULT SUSPECT—CITATION ISSUED. Police have arrested and issued a citation in lieu of custody to an adult suspect.
     FELONY: The Multnomah County District Attorney will contact you regarding this case.
    MISDEMEANOR: You must contact the Multnomah County District Attorney’s Misdemeanor Intake Office between 2 to 5 business days after the arrest to make an appointment to sign a complaint.

    ADULT SUSPECT—NO ARREST MADE—POLICE REPORT FILED. An adult suspect has been identified but no arrest has been made. A police officer will file a report (case number is listed above). This report will be available to detectives and the Multnomah County District Attorney.
     FELONY: If there is sufficient evidence to suport prosecution, detectives will contact you.
    MISDEMEANOR:
    Suspect has been contacted:
    You may pursue the complaint process and the issuing of a warrant by contacting the Multnomah County District Attorney’s Misdemeanor Intake Office or the Multnomah County District Attorney’s Domestic Violence Office for an appointment (see notice on the back of this form).
    Suspect has NOT been contacted:
     You can contact the Investigations Division of the Gresham Police Department at (503) 618-2318.

    JUVENILE SUSPECT—ARREST MADE. Police have arrested a juvenile suspect. Multnomah Juvenile Court and/or etectives will contact you regarding this case.

    JUVENILE SUSPECT—NO ARREST MADE—POLICE REPORT FILED. A juvenile suspect has been identified but no arrest has been made. Parents, guardians and concerned persons may appear at Multnomah Juvenile Court, 1401 NE 68th Ave., Portland, Oregon for a hearing at 1:30 PM on ___/___/___.

    JUVENILE IN PROTECTIVE CUSTODY. The child listed above has been taken into protective custody and lodged in a shelter care facility. Parents, guardians and concerned persons may appear at Multnomah Juvenile Court, 1401 NE 68th Avenue, Portland, Oregon for a hearing at 1:30 PM on ___/___/___.

    NOTICE: The phone number of the Multnomah County District Attorney’s MisdemeanorIntake Office is (503) 988-3860. If you do not contact the Multnomah County District Attorney, they will not usually issue a complaint and police will close the case.

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    APPENDIX 4.1A

    DOMESTIC VIOLENCE INFORMATION
    IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE:

    • You can ask the Multnomah County District Attorney to file a criminal complaint. You also have the right to go to the circuit court and file a petition requesting any of the following orders for relief:
    a) An order restraining your attacker from abusing you;
    b) an order directing your attacker to leave your household;
    c) an order preventing your attacker from entering your residence, school, business or place of employment;
    d) an order awarding you or the other parent custody of or parenting time with a minor child or children;
    e) an order restraining your attacker from molesting or interfering with minor children in your custody;
    f) an order awarding you other relief the court considers necessary to provide for your or your children’s safety, including emergency monetary assistance. Such orders are enforceable in every state.
    • You may also request an order awarding support for minor children in your care or for your support if the other party has a legal obligation to support you or your children.
    • You may obtain a restraining order by appearing at the Family Law Division Office at the Multnomah County Courthouse, 1021 SW 4th Avenue, Room 211, before 1 PM on any weekday. There is no fee for this service.
    • You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed in under $3,500. Similar relief may also be available in tribal courts.

    FOR FURTHER INFORMATION YOU MAY CONTACT:
    Multnomah County Courts Multnomah County District Attorney’s Office
    Family Law Division (Restraining Orders) Victim Assistance Program
    1021 SW 4th Ave. Room 211 1021 SW 4th Avenue
    Portland, Oregon 97201 Portland, Oregon 97201
    (503) 988-3943 (503) 988-3222

    Multnomah County District Attorney’s Office Portland Women’s Crisis Line
    Domestic Violence Office (temporary shelter & other community services)
    1021 SW 4th Avenue Room 804 (503) 235-5333
    Portland, Oregon 97201
    (503) 988-3222     Domestic Violence Resources for non-English speakers:
     El Programa Hispano (503) 665-8350
    IRCO (503) 234-1541 Extension 168, 182, or 203

    OTHER ADDRESSES AND PHONE NUMBERS:
     Multnomah County Juvenile Court Gresham Police Department
    Donald E. Long Home 1333 NW Eastman Parkway
    1041 NE 68th Avenue Gresham, Oregon 97030
    Portland, Oregon Records Department: (503) 618-2318
    (503) 988-3460

    Multnomah County District Attorney
    Misdemeanor Intake Office
    (503) 988-3860 (not for Domestic Violence issues)

    OREGON CRIME VICTIM’S NOTICE: You may qualify for financial help if you have been physically or mentally hurt as a victim of crime or if you were the dependent of a deceased victim of crime. Property loss is not covered. To file an application for compensation contact:

    Crime Victim’s Compensation Program, Department of Justice Phone: (503) 378-5348
    1162 Court St. NE TDD: (503) 378-5938
    Salem, Oregon 97310






    Revised 9/10/09 Page 2 of 2

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