DOMSETIC VIOLENCE PROSECUTION

What happens if I am the victim of domestic violence?
Cases concerning domestic violence are reviewed and prosecuted by the Domestic Violence Unit of the District Attorney's office. All of the crimes must have been reported to a police agency and the police report must be available for review.

The police report, the available evidence, and the applicable Oregon law all assist the Deputy District Attorney (DDA) in determining if a case will be prosecuted as a felony or a misdemeanor.

If your abuser was arrested please call the Multnomah County District Attorney's Domestic Violence unit at 503-988-3873 prior to 11:00 am the next business day.

If the pending charges are misdemeanors, the person arrested will find out in court if the DA's office plans to move forward with the charges. Then, depending on eligibility, the defendant will either enter the Deferred Sentencing Program* or will plead not guilty and request a trial.

If the case is a felony, the DDA will schedule a grand jury hearing. The Grand Jury will decide if there is enough evidence to charge the accused with a crime. The victim must appear at the grand jury hearing and tell exactly what happened.

The grand jury is comprised of seven people selected from the jury panel. No judge, defense attorney or suspect will be present at the grand jury. The purpose of the grand jury is to decide from the evidence presented if the state has enough information to proceed with a felony indictment.

*NOTE - If the defendant is a first time offender they may be offered an opportunity to enter the Deferred Sentencing Program

Restraining Orders

You can apply for a free Family Abuse Prevention Act Restraining Order at the Multnomah County Courthouse, located at 1021 S.W. 4th Ave. Room 211. The Restraining Order applications are available during courthouse hours (8am to 5pm). You may obtain the Restraining Order on the same day that you make application by submitting the completed paperwork to the clerk in room 211 by 12:45pm. The clerk will direct you to the courtroom in which the Judge will consider Restraining Order applications for that day. The proceedings begin at 1:30pm. The Judge will discuss your Restraining Order application with you and will determine if a Restraining Order is appropriate. The judge may hear a number of Restraining Order applications during this time period.

Criminal Process

What do I do if I receive a subpoena?
A subpoena tells you when and where you must appear in court. When you receive it, you must call the telephone number on the subpoena to confirm your appearance in court on the date indicated.

How long will this take to go to trial?
It generally takes three or four months for a case to come to trial or end in some other resolution.

Is the DA my attorney?
No, the District Attorney (DA) represents the citizens of the State of Oregon. The DA supervises Deputy District Attorneys who prosecute cases for the State of Oregon. The DA's Office is committed to upholding victim's rights.

What is Deferred Sentencing?
If the defendant is a first time offender he or she may be offered an opportunity to enter the Deferred Sentencing Program. This program allows an eligible person, accused of a domestic violence crime, to plead guilty and be placed on probation for a minimum of six months. A Probation Officer supervises the probation. The abuser must participate in any counseling program or other Court ordered condition. The defendant must abide by the order of the court and Probation Officer regarding contact with the victims. If the defendant successfully complies with the conditions of probation, the probation terminates after review by the court. The defendant makes the decision regarding the acceptance of this option after consulting with his or her attorney.

Answers to Commonly Asked Questions

Will the defendant stay in jail?

The Multnomah County Sheriff's Office determines custody status using guidelines that consider the nature of the crime. The Sheriff's Office considers the actual criminal charges along with established policies in making release decisions. Jail inmates may be eligible for various supervised programs that may allow release prior to a trial. In addition, most criminal defendants are eligible to post a bond in an amount set by law or the court that allows for release.

How can I find out if the defendant is still in jail?

The Victims Information & Notification Everyday system (VINE) at: 1-877-OR-4-VINE is available to assist victims to track the release status of offenders from a touch-tone phone. VINE provides recorded instruction that assists crime victims to use the system effectively. You may also contact the Multnomah County Jail at (503) 988-3689.

What if there is a Trial?

The Deputy District Attorney will present evidence and testimony in an effort to prove "beyond a reasonable doubt" that the defendant committed the crime. Both the Deputy District Attorney and the Defense Attorney will ask the victim questions.

What happens if the defendant is convicted?

If a jury finds the defendant guilty or he/she pleads guilty, the court will sentence the defendant. The sentence could include probation with conditions such as anger management counseling, substance abuse treatment, restitution, and /or jail or prison time.

What if my abuser was not arrested?

First call the police to report the crime. Crimes must be reported to the police before the Deputy District Attorney can review the case. On the day following the report you may call the Multnomah County District Attorney's Office to arrange to have the case reviewed. The police reports will be ordered and the case will be reviewed.

Important Phone Numbers

Multnomah County District Attorney
Domestic Violence Unit
503-988-3873

Victim Assistance Program
503-988-3222

Multnomah County Family Law
Restraining Order Information
503-988-3943

Multnomah County Jail
503-988-3689

Non Emergency Police Reports
503-823-3333