While members of a family often have a deep love for one another they can also disagree. When emotions get heated, these disagreements can lead to arguments -- both verbal and physical. There are times when these arguments can go too far and lead to criminal charges. It is important for Oregon residents to understand the difference between a simple argument between family member and domestic assault. This is because domestic assault and abuse charges have serious consequences and penalties.
Under Oregon laws, domestic violence occurs when there is abuse between family members. Under Oregon laws the terms abuse and family members each have very specific meanings. Under ORS section 135.230 abuse occurs in one of three situations. One, abuse includes sexual abuse as defined by another section of the Oregon code. Two, abuse is knowingly, intentionally or recklessly causing fear of imminent serious physical injury. Three, abuse includes causing or attempting to recklessly, knowingly or intentionally causing a physical injury.
In order to be domestic violence, the abuse must occur between family members. Under section 135.230(4), a family member is not limited to only blood relatives. Under this section a family member includes unmarried parents of a minor, people who are cohabitating and people in a sexual relationship who are cohabitating. A family member also includes blood relatives, spouses and former spouses.
When someone is accused of domestic abuse, the person can face very serious penalties. In these cases, a proper criminal defense is necessary to mitigate the damages. With the help of an attorney, people can tell their side of the story and explain what really happened. With the right help, people can see these charges dropped.
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