[DV_listserv] REQUEST for Information

[Domestic Violence issues]

Hello,

As you all know, in 2015 the Oregon legislature passed SB 525 (now ORS 166.255) which essentially mirrored federal law (18 USC 922(g)(8) and (9)), making it a crime to possess firearms for a person subject to a qualifying protection/court orders and/or convicted of a qualifying crime of domestic violence.

The qualifying “intimate partner” relationship under SB 525B is narrower than the definition of “family or household members” used in ORS 135.230. Therefore, there are some relationships that may constitute “domestic violence” under ORS 135.230 that will not qualify for prosecution under SB 525. Those relationships include:
 Adult persons related by blood or marriage. (Example: Adult mother/son; adult step-father/daughter;
adult brothers or sisters, etc.)
 [P]ersons who have been involved in a sexually intimate relationship. (Example: Dating partners who
are sexually intimate but who are not ‘cohabiting’ with one another.)

There is some interest in closing this loophole during the upcoming legislative session.

My question to you: Have you had a case that you weren’t able to arrest on and/or prosecute because the relationship between the involved parties did not qualify (i.e., was a dating relationship or the parties were adult persons related by blood or marriage)?

If so, could you please email me with the details, including jurisdiction.

Thank you very much!

Erin

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