Unfortunately the court in which the restraining order is granted will still have to be open to the public. Matt, why not call the court and see if they with their limited budget will be sending a judge and sheriff's deputies out to the center to hold the hearings in a public court on the record?

Good job folks. Everyone on this task needs commendation. As Underhill anticipates, you have saved lives.

But some legislative action might be helpful. If I want to report a crime, an officer will come to my location. I can also go to my local precinct. Why can't an deputy come to my location to help me file a restraining order?

This would do at least two things: one, it's safer to give me a choice about where I file the order; two, it would give the deputy an opportunity to see my circumstances firsthand and perhaps make an early intervention.

Any DV experts out there?

I agree with everything in this article, and this is really great work. Unfortunately, though, one side-effect of all this protection for abused spouses is that the restraining order law is mis-used by people in custody and divorce litigation. I would like to see some public acknowledgment of this fact by people who work in domestic violence advocacy, because I get real tired of seeing it in court all the time.

What I mean is "advocates" supporting accusers and state money and legal aid lawyers representing accusers when the only evidence is an allegation. In court it comes out that the accused is equally credible, there is no other evidence, but the restraining order gets upheld because everybody wants to err on the side of protecting a potential victim.

A lot of times it is not nearly so black and white, and many many times the allegations are outright lies. It is a real cost to the system that we should acknowledge. Many accused persons have their lives literally ruined, houses and children taken away, based on the accusation of a spouse or co-parent who has everything to gain by making the accusation. I think it happens a whole lot.

Under Oregon law, Family Abuse Prevention Act restraining orders require an application and appearance before a Circuit Court Judge. The judicial appearance requirement prevents an order being issued at any location. The Gateway Center for Domestic Violence Services will have a video conference feed to the courthouse so applicants will still make an appearance before a judge. The judge, most often a judge from the family court bench (those that handle divorce, custody, probate, juvenile and domestic violence cases almost exclusively) decides after the appearance whether or not to issue an order. That judge can decide not to issue the order if they find the applicant is not credible, or has not met the proper criteria. These types of restraining orders require that a certain relationship exists (like they've been married, or lived together romantically, or have otherwise been involved in a relationship of an intimate nature), the applicant has been put in fear for their physical safety in the past 6 months, and they are in imminent fear at the time of the application. It's true that the process can and is abused in some cases, but on balance it's better to have access for those who do need the protection, than to eliminate the law b/c some take advantage. Further, if a respondent wants to challenge the restraining order, they will be given a very fast hearing (within 5 days if there are children involved, and 21 days if not). That is the opportunity for the respondent to put on evidence against the restraining order. Hopefully, in most cases the judges get it right. Thanks for taking an interest and publishing this story!

Posted by: CheatedNabusedBySystem - December 18, 2009 03:50 AM


The Domestic Violence Process and Procedures in Oregon are set up to fail the victim and protect the abuser. The pamphlets and brocures are a JOKE! I have never seen a "pass the buck" process like this before! I would like to say the system failed so much in my situation that the abuser got out of jail early and hurt me again and then horribly abused another victim. Where are the advocates I was promised? I never got one. I did what most victims are too afraid to - I prosecuted, I did everything they expected me to do and they did nothing to protect me. I feel like I was abused by our system and its empty promises. OUR JUDICIAL SYSTEM - OUR DA that covers Domestic Violence - Victims Services in Portland and the agencies with their names in those pamphlets should be ashamed of themselves! You failed me!

Posted by: CheatedNabusedBySystem - December 18, 2009 03:50 AM

I would like to offer my opinion from a victim's point of view on this topic.

When it comes to the issues DOMESTIC VIOLENCE, AVAILABLE COMMUNITY RESOURCES and our LOCAL JUDICIAL SYSTEM, the public is greatly misinformed!

We have an abundance of documented resources available to the general public & victims. You can find mini pamphlets and brocures in a variety of locations, anywhere from a school health nurses office to the desk of a worker at the welfare office. I have even seen them at the Mult. County Library. Have any of you ever called a number in one of those pamphlets? When I did, I was saddened by the experience. I called every one of the numbers and got either a recorded message with a different number to call or a secretary that put me thru to voicemail - I left a detailed message and never recieved one call back. I needed to find emergency shelter and was told they were full and had no beds available. So I asked if I could be placed on the waiting list for a bed and they told me they did not keep a waiting list. HHHMMMM?? This puzzled me. So how does one go about getting into your shelter in an emergency? I never got a strait answer regarding the process.
The Domestic Violence Process and Procedures in Oregon seem to be set up to fail the victim and protect the abuser. The pamphlets and brocures are a JOKE!
I have never seen a "pass the buck" process like this before! This was absolutely unbelievable! Where are the advocates I was promised? I never got one. I did what most victims are too afraid to - I prosecuted, I did everything they expected me to do and they did nothing to protect me. My abuser only served 140 days in county jail for a premeditated brutal attack. I was told by the DA that my case was a sure win and 10 minutes before court as I was going thru courthouse security, the DA called me and she said she offered my abuser a deal and he took it so there was no need to come up it was over. At that moment all my trust in the system was lost. The deal gave him a sentance that was to be a year followed by probation. Instead of almost ten yrs if we won without the deal. He was let out early and returned to assult me again. Shortly after that, he moved on to assult and victimize another woman. I feel like I was abused by our system and its empty promises.
OUR JUDICIAL SYSTEM, and the District Attorney's office that covers Domestic Violence - the Advocates and offices offering any type of Victim's Services in Portland and the agencies with their names in those pamphlets should be ashamed of themselves! You failed profusely!
The members of our community see the documents offering services and think there is alot of help available to victims - This fact is UNTRUE!
Please pray for the victims of Domestic Violence Past, Present & Future