Domestic Violence Charges
Domestic Violence Convictions Change Everything. They are not like other criminal charges.
Common domestic violence charges include:
Domestic violence charges are often misdemeanors, but with serious repercussions.
Domestic Violence Charges and Jail Time
When police respond to a domestic violence (DV) call, the result is often that someone is taken to jail. Getting released from jail can be difficult, especially if you live with or near the alleged victim. The accused will not generally be released unless he is able to pay substantial bail, pay for an ankle monitor, and live at a residence a substantial distance from the alleged victim. No contact will usually be allowed. This means a domestic violence charge often leads to sudden family separation and no ability to communicate. Financial distress often results.
If the accused cannot meet the conditions for release, he will tend to stay in jail until trial or guilty plea. This is by design. Release upon a guilty plea is the carrot domestic violence prosecutors hold out to obtain convictions. Dedicated prosecution teams specialize in obtaining domestic violence convictions. When a person is held in jail, unable to work, pay his family’s bills, or communicate with loved ones, he is likely to plead guilty if it secures his release. Very often, the sentence for domestic violence is credit for time already served in jail. However, jail is only part of the sentence.
Once a person is convicted of domestic violence and released from jail, he still cannot usually go home. Families sometimes rent a motel room for months, or rely on extended family to establish a separate residence.
Only after completing a substantial portion of domestic violence treatment are most convicted abusers allowed home, and only with the blessing of the district attorney or the judge.
Domestic Violence Treatment
The convicted abuser will be required to complete domestic violence and anger management treatment. The standard program is thirty-six to forty-eight weeks and requires weekly attendance. It must be paid for out-of-pocket or through insurance. Limited courses are available, so your schedule must fit.
Child Welfare Repercussions
Domestic violence in the presence of children can constitute child abuse in Oregon. Child Welfare officials from the Department of Human Services (DHS) commonly investigate families involved in these cases. Not only are alleged abusers under scrutiny but alleged victims as well.
Child Welfare will want to know what steps are being taken to prevent future exposure to domestic violence and potentially treat for past exposure. Child Welfare officials are willing to take families to court to enforce compliance with their protocols.
Misdemeanor domestic violence convictions lead to firearm prohibitions under state and federal law. The only ways for rights to be restored are an eventual motion to set aside the conviction or petition for firearm rights restoration.
Definitions of Domestic Violence
The Oregon Department of Human Services uses a wide-ranging definition:
“There are many definitions of domestic violence used across the Department of Human Services. Some are in statute or rule, others are definitions used in practice. All include forms of physical injury/abuse, sexual abuse or assault, intimidation, verbal abuse and emotional abuse or threats of such. These tactics are used by one adult to coerce or control another.”
The statutory definition in ORS 135.230 is less sweeping than that of DHS:
“Domestic violence means abuse between family or household members.”
(a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury;
(b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or
(c) Committing sexual abuse in any degree…
“Family or household members” means any of the following:
(b) Former spouses.
(c) Adult persons related by blood or marriage.
(d) Persons cohabiting with each other.
(e) Persons who have cohabited with each other or who have been involved in a sexually intimate relationship.
(f) Unmarried parents of a minor child.
Defending a Domestic Violence Case
Domestic Violence charges require an attorney to get to work quickly. The attorney needs to get his client out of jail. The longer the accused stays locked up, the more likely he is to take a deal that gets him out of jail. The case needs investigated immediately. The best defense to a criminal charge is innocence. Initial police reports often get the facts wrong. Police respond to a call and have to make quick decisions in the heat of the moment. Skilled investigators are necessary for presenting the truth.
Child Welfare also might be involved early in a case. Both alleged abusers and alleged victims need an attorney with criminal and child welfare experience to look out for their best interests. Child Welfare involvement can add a new layer of stress to the family hardship that often accompanies domestic violence cases. Though the Child Welfare case is separate from the criminal case, the family is well-served by having legal representation in both areas. If things are under control as best they can be on the home front, the accused can concentrate on doing what is best for his criminal case.
When a person completes probation, including an intensive treatment program, and a sufficient period of time goes by, the conviction is eligible to be set aside under the same rules as other convictions. Information about setting aside a conviction is available in the Rights Restoration section of our website.
Lohrke Law is ready to handle Your Domestic Violence case.
Jesse Lohrke is an experienced child welfare and criminal defense attorney. He has an investigative team with extensive experience in these cases. He can advise clients through all criminal and child welfare aspects of their domestic violence cases.
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Review on Avvo – December 2015
Jesse Lohrke: Holistic Attorney
Until Jesse represented me, I had no idea there was (or even could be) such thing as a holistic attorney! (disclaimer: my description of him, not sure how he feels about it:) ) Throughout my case, which came at an already very difficult time in my life, Jesse was not only highly professional and knowledgeable but personally respectful and caring. He explained everything completely (several times in fact!); presented me with all possible options; answered my questions to satisfaction and researched those he was not certain about. He answered my calls personally or returned them promptly. I came to trust him immensely throughout this time. In fact, I credit Jesse Lohrke greatly with the successful outcome of my case as well as my personal life situation during that time. He is not only a great lawyer – he is a wonderful person!
Review on Avvo – May 2014
Jesse is the best at what he does
Jesse is the best at what he does I know I could trust him if my life depended on it he takes pride at what he does and when you meet him you know he genuinely cares about your situation
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A tireless attorney who earned my highest recommendation.
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Review on Avvo – September 2014
One of the best attorneys in town hands down
Jesse Lohrke is one of the best attorneys in town hands down. He represented my case accordingly and proved to the DA and the judge that there was circumstantial evidence of my innocence. Jesse Lohrke.. if not the best.. he’s definitely one of em. Jesse Lohrke cares. Thanks Jesse Lohrke.
Hands down the best attorney
I enjoy Jesse and his wife very helpful people hands down the best attorney. Very open minded and he doesn’t beat around the bush about stuff he gets to the point! Thank you Jesse and Elizabeth for all your both help.
Review on Google – February 2018
Best lawyer a man could ask for.
Jesse Lohrke is the best lawyer a man could ask for. He got my sentence reduced on several occasions and minimized the amount of money I had to pay. He genuinely cares about his clients and always has their best interest in mind. He shows up ready to go and is the man you want to go to bat for you.
Review on Avvo – August 2014
Elizabeth persevered and changed my life
I highly recommend Elizabeth Lohrke of Lohrke Law to be a dedicated, detailed, driven, and experienced Attorney, who didn’t give up when dealing with the bureaucracies of the Tri-County Courts, Elizabeth persevered and changed my life back to be a normal, law-abiding citizen.
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Jesse guided me through a very messy and challenging DHS dependency case, and I feel incredibly lucky to have had him represent me. He helped me win one of my kids back during the case itself and then, looking toward the appeal, preserved my rights and set me up perfectly to win in the appeal process.
Throughout the entire case, Jesse was respectful of me and my wishes for my family, and how I wanted to approach my case, which was in some ways unconventional. In some instances, he didn’t agree with my approach, but he respected my preferences and fought for it just as hard. He’s not afraid to take a case to trial, and he’s good at it. He knows what to expect, can easily navigate the sometimes rapid-fire pace of the courtroom, and knows what to do to protect his client’s rights. His experience as a criminal defense attorney clearly shows.
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To put it simply, Jesse Lohrke is a badass attorney, and I wish anyone going through a legal case could have an attorney like him.
T.G. — Bend, Oregon
2019 Dependency Client
My experience with Jesse was great
I moved to Oregon 7 months ago and came to Oregon at the age of 53yrs old, And i was an avid bowhunter but due to some disabilities i have a very hard time bow hunting , so i seen an add that said get your Gun rights Back to which i never thought would happen, but I hired Jesse and his Law firm and six months later i received my Gun rights back here in Oregon so now im able to Own and buy guns Now i cant wait to go hunting with my son with a rifle for the first time ever Thank you very Much Jesse
Review on Google – June 2017
Above and Beyond
I was arrested on 12/3/12 on some serious criminal charges. I was assigned a court appointed attorney that wasn’t interested or capable of defending me. I was going to spend the next two years of my life in prison! I called Jesse and he intervened on my behalf. He traveled 300 miles round trip to represent me on court appearances. He sent people to search the archives in Multnomah County to disprove my past criminal history. He wasn’t afraid to question police procedures. He offered positive suggestions on things I could do to help myself, which I was more than happy to do. The fact is that he worked harder for me than any lawyer I’ve ever known.
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Review on Avvo – December 2014
Cleaning up my criminal record and getting back my gun rights.
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Review on Avvo – December 2014
Only Regret is I Didn’t Pursue This Earlier
I would like to express to you and your staff my gratitude for your help in restoring my gun rights. In December I was able to purchase my first legal handgun, and tonight in the mail I received my concealed carry license for the state of Oregon.
My only regret is I didn’t pursue this further at an earlier date, apparently though God had a different path that led me to you.
I have passed on your name and website to a few individuals, explaining how you helped me.
Again, thank you very much.
J.H. Union County, Oregon
2019 Rights Restoration Client