Consequences an alleged domestic abuse assailant might face

| May 4, 2021 | Criminal Defense |

Domestic violence is assault or battery between members of the same family or household. This includes spouses, former spouses, people who have been involved in a sexual relationship, adults related by blood marriage or adoption, or people who are just living tother.

Under the Oregon Family Abuse Protection Act, attempting to cause bodily injury, purposefully or recklessly causing bodily injury, putting someone in fear of bodily injury, or causing someone to engage in involuntary sexual acts are all consider domestic abuse. If accused or convicted of domestic violence, there are a few penalties that one can expect.

Mandatory arrest

An alleged domestic violence assailant may be arrested and taken to jail. In Oregon, an officer responding to a domestic violence incident will arrest the alleged assailant if there is probable cause to believe that an assault or battery occurred.

Fines

A domestic violence assailant may be required to pay fines if convicted. There are also other expenses to consider such as court costs.

Restraining Order

Being prevented from seeing one’s family is often the most distressing consequence that an alleged assailant will face. If a victim of domestic abuse successfully petitions the court for a restraining order, then the alleged assailant will likely be required to move out of the shared home. In addition to barring the alleged assailant from seeing their spouse or partner, the order might also prevent them from seeing their children, as the petitioner is often granted temporary custody of any shared children.

A restraining order will only be effective if the alleged assailant is served with proper notice of the order. They then have 30 days to request a court hearing and contest the order. An attorney can help contest a restraining order, as well as fight a conviction for domestic violence. Because domestic violence is a significant accusation that can harm one’s repudiation, any charges should be take seriously.