The laws in the State of Oregon—and really, for that matter, around the entire United States—pertaining to domestic violence are designed to apprehend, prevent, and punish the guilty abuser of an intimate partner. However, there is a world of difference between an abuser who consistently causes physical battery—coupled with emotional injury—over a prolonged period of time, and the simple, yet heated, argument that got a bit out of hand one evening. Most people would agree that the law should treat these two people differently. But it doesn’t!

Politicians (also known as Legislators and Judges) become blind to this distinction because of the political pressures from special interests groups, who use extreme examples of how ”distinguishing” went horribly wrong—statistical anomalies—so as to quietly threaten these decision makers with their political viability should they make a wrong decision. As a result, the laws are designed to treat everybody as though they were career criminal domestic abusers. It becomes a dragnet; an effort to strain a gnat to catch a camel. The special interest groups honestly believe that this is actually the case. (See the Link on “The Booming Domestic Violence Industry”)

Mandatory Arrest
Oregon law mandates that a law-enforcement officer must make an arrest when the officer has probable cause to believe that an assault between family or household members has occurred. ORS 133.055(2)

Under this law, however, the officer is not obligated to arrest both parties, despite the potential that both have committed a crime.

The officer is required to determine who is the assailant or potential assailant by determining

1. the extent of injury or the seriousness of threats creating fear of injury;
2. the history of domestic abuse;
3. whether a claim of self-defense can be made; and
4. the potential for future violence.

Rarely are these the actual criteria used to make such a decision; oftentimes it is a “knee-jerk” reaction to arrest the man, or a determination of who called 911 or who is the most injured.

No Contact
When someone is arrested on charges of Domestic Violence, they will be subject to a mandatory “No Contact” order as a condition of pretrial release. Oregon law mandates this condition (ORS 135.250).
No Contact means exactly that…NO contact in any way, shape, or form. Even through a friend.

Lifting of No Contact Order
The court can lift this condition, however, upon a showing that

1. the alleged victim requests the waiver; and
2. that the waiver is in the best interests of the parties and the community.

Most courts or communities have a program designed for alleged victims of domestic violence whereby the alleged victim will be educated in the nuances of domestic violence, particularly in the development of a plan in the event domestic violence occurs in the future.

Violation of a No Contact Order (i.e. Contact)
In order to prevail upon a motion to waive or lift a No Contact order, it is extremely beneficial to demonstrate that no violation of the No Contact order has occurred while the order was pending. If a violation is alleged or proven, lifting the No Contact order is almost certain to be denied.

A proven violation often results in an immediate arrest and going back to jail. A judge will hardly ever release someone who has been arrested on a violation of the No Contact Order, although bail will be set at a reasonable amount.

A proven violation of the No Contact Order can also result in a fresh new prosecution for Contempt, which carries as a maximum penalty a fine not to exceed $2,500.00 and a maximum term of incarceration of 180 days.

IMPORTANT NOTE: it is the Judge, not your wife/girlfriend/husband/boyfriend who authorizes a modification of this order. Thus, when your sweety has calmed down and calls you up (a violation if you continue to talk with him/her) and says, “Honey, I miss you, come on over for a while. I won’t tell. I promise.” Most guys trot on over, like the lamb to the slaughter. Inevitably the sweetness wears off as she asks you for money, or to take the kids so she can go out, or to fix her parent’s roof, or whatever, and you politely and innocently decline. Her mood changes, you smell trouble and decide to leave before things get out of hand again and the cops get involved. Two hours later, a cop arrives on your door and asks you why you went to her/his house? You naively answer (thus waiving your right to remain silent) and say, “Well she told me to come over.” Grab the credit card on the way out to the squad car, friend, cuz you’re going back to jail. Again.

BOTTOM LINE: It is the JUDGE who ordered you to have No Contact, not your significant other. Your significant other has no authority to waive the condition. If you listen to him/her, you run a HUGE risk of enjoying more prison food.