Preventing Domestic Violence

Contents

• Making a Difference
• Attorneys: Volunteer with the Domestic Violence Project Today!
• FAPA - the Attorney's Checklist
• Victim Resources

Making a Difference

By Kathleen Hansa Rastetter, Clackamas County Counsel

Reprinted with permission from the Multnomah Bar Association. Published in the January 2007 issue of the Multnomah Lawyer, p. 8.

Lorraine and her daughter Shannon did not know what to do. They were victims of abuse and they needed help, fast. The domestic violence both frightened Lorraine and made it impossible for her to sell her home - as her abuser was living on her property. Shannon called the police, who referred her to the Multnomah County Office of Legal Aid Services of Oregon (LASO). LASO coordinates the Domestic Violence Project (DVP), which matches pro bono attorneys with victims of domestic violence in contested restraining order and stalking order hearings. Lorraine obtained a restraining order against her abuser and he contested the order. LASO placed Lorraine’s case with Richard Vangelisti, who has volunteered with the DVP for three and one-half years.

photo: Richard Vangelisti with DVP
clients Lorraine and Shannon

Richard represented Lorraine in the contested hearing and her restraining order was upheld. Through Richard’s help, Lorraine was able to sell her home and move to a safe location. Lorraine described Richard as “so good to us” and talked about how he went beyond his legal duties by walking her and Shannon to their car after their hearing as they were frightened of their abuser. Shannon noted that Richard was patient and kind to her mother and reassured her at every stage. Shannon and Lorraine also appreciated how generous Richard was with his time and knowledge and both noted that he treated them as if they were paying clients. As Lorraine said, before meeting Richard, she felt like her life was over, until Richard assisted her with one of the most difficult times of her life.

Richard started volunteering for the DVP when he formed his own firm (Vangelisti Kocher) and since then has represented numerous clients. One of his firm’s core missions is to prevent injury before it occurs, which Richard believes dovetails nicely with his volunteer work with the DVP. He credits LASO with providing excellent training materials and with providing ongoing support.

Richard feels that as a legal professional he has an obligation to help those in need and notes the huge public need for volunteer legal assistance. He also feels that doing pro bono work helps not only the public, but also serves the judicial system, as the process runs more smoothly with legal representation. But most of all he is committed to helping others in obtaining justice through the legal system.

Richard notes that what makes this case unusual is the special relationship that he formed with Lorraine and Shannon. Not only were they appreciative, but they have continued to communicate with each other, forming a friendship that Richard believes will continue. Both Lorraine and Shannon say without Richard’s help they would have been in bad shape and they hope that others will see what a difference it makes when volunteers give their time to provide legal assistance.

Attorneys: Volunteer with the Domestic Violence Project Today!

The Domestic Violence Project provides representation to victims of domestic violence in contested Family Abuse Prevention Act restraining orders, Elderly Persons and Persons with Disabilities Abuse Prevention Act restraining orders, and stalking protective order hearings. These cases tend to have short timelines, limited issues, and require a court appearance. This project is an excellent volunteer opportunity for young lawyers, lawyers seeking court experience, and lawyers who cannot commit to taking long-term cases. Videotapes, training materials and mentors are available. If you are an attorney interested in volunteering, please contact Legal Aid Services of Oregon at 503-224-4086.

FAPA - the Attorney’s Checklist and Benchguide

Our Attorneys use this checklist to determine whether a case meets the required elements for a restraining order to remain in place under the Family Abuse Prevention Act ("FAPA"), ORS 107.700 et seq. FAPA allows a restraining orders to protect victims of abuse where:

• the abuse was committed within 180 days preceding the filing of the petition;

• the abuse was committed between family or household members;

• "Family or household members" means any of the following:
  (a) Spouses.
  (b) Former spouses.
  (c) Adult persons related by blood, marriage or adoption.
  (d) Persons who are cohabiting or who have cohabited with each other.
  (e) Persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing by one of them of a petition under ORS 107.710.
  (f) Unmarried parents of a child;

• "Abuse" means the occurrence of one or more of the following acts between family or household members: (a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury. (b) Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury. (c) Causing another to engage in involuntary sexual relations by force or threat of force;

• There is an imminent danger of further abuse to the petitioner; ORS 700.118(3) Imminent danger under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with additional bodily harm;

• Respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child [i.e., belief if reasonable]; and

• Jurisdiction/Venue: A petition under ORS 107.710 may be filed only in a county in which the petitioner or respondent resides.

A FAPA Benchguide used by judges is provided by the Oregon Judicial Department at the bottom of this page, along with other FAPA resources.  The Benchguide is an extremely useful resource.

Note:  FAPA is not the only law that protects domestic violence victims.  For information about other laws and victim resources, see below.

Victim Resources

If you need help with a domestic violence issue:

Our firm’s intake process for all domestic violence matters begins with legal aid (in Multnomah County call 503-224-4086). Your first lines of defense include the police (call 911) and confidential crisis lines, including:

• National Domestic Violence Crisis Line
  
• Portland Women’s Crisis Line

Another excellent resource is the Domestic Violence Handbook “A Guide to Your Rights” published by the Multnomah Bar Association.