Discussion Topic: Perspectives of Violence and Aggression.

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Latest post Wed, Dec 5 2012 3:17 PM by Miss Magoo. 24 replies.
  • Wed, Oct 24 2012 6:04 PM In reply to

    Re: Discussion Topic: Perspectives of Violence and Aggression.

    adjuster jack:
    Start with Oregon's Title 16 - Crimes and Punishments:

    http://landru.leg.state.or.us/ors/161.html

    Thank you so much Jack!!!

    adjuster jack:

    Then polish up your Google Fu for individual crimes and topics by state.

    Will do! :D

    "Never assume anything and always verify everything." ~ Taxagent

  • Thu, Nov 8 2012 5:10 PM In reply to

    Re: Discussion Topic: Perspectives of Violence and Aggression.

    I am doing more research on this paper, and came across a wonderful source of information from the American Bar Association, and when looking up the Domestic Violence Civil Portatecion Orders (CPOs) by state, was reading about Oregon's, but there is one part that I didn't understand, and it is the last part, when it says Catch-all Provision and it says yes. What does Catch-all Provision mean on something like this? 

    Here is the link: ABA Domestic Violence Civil Protection Orders (CPOs) By State.

    Thank you in advance for any feedback. :)

     

    "Never assume anything and always verify everything." ~ Taxagent

  • Thu, Nov 8 2012 10:23 PM In reply to

    Re: Discussion Topic: Perspectives of Violence and Aggression.

    Oregon Revised Statutes Chapter 107 is the Family Abuse Prevention Act.

    107.718 is the beginning of the sections addressing restraining orders.

    107.718 (1) (a) through (g), and (i) are specific remedies that can be included in the restraining order.

    The "catch all" is 107.718 (1)

    • (h) Other relief that the court considers necessary to:
    • (A) Provide for the safety and welfare of the petitioner and the children in the custody of the petitioner, including but not limited to emergency monetary assistance from the respondent; and
    • (B) Prevent the neglect and protect the safety of any service or therapy animal or any animal kept for personal protection or companionship, but not an animal kept for any business, commercial, agricultural or economic purpose

    http://law.justia.com/codes/oregon/2011/vol3/107/

    "Catch all" simply means that the court can put any provision into a restraining order that meets the goals of (A) and (B) and is not limited to just those provisions listed in the statute.

    Which mean that the court can order the restrained person pilloried in the town square if it meets the goals of the (A) or (B).

     http://www.probertencyclopaedia.com/j/Pillory.jpg

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Nov 8 2012 10:46 PM In reply to

    Re: Discussion Topic: Perspectives of Violence and Aggression.

    Miss Magoo:
    What does Catch-all Provision mean on something like this?

    It refers to provisions in statutes that grant the court the authority to grant such relief as is necesssary to the survival and protection of the victims that are not already expressly provided elsewhere in the statute. The idea is that every situation is unique, and the common provisions provided for in domestic violence statutes may not always offer the protection that the victim needs. These provisions allow the court to fashion more custom relief where the circumstances warrant it. Often these "catch-all provisions" are used by the courts to order various sorts of monetary relief to the victim to ensure that she does not suffer economically because of the abuse.

    It would not, however, allow the court to order the defendant "pilloried" as Jack suggested in his post. The defendant still retains the protections of the federal and state constitutions, including the prohibitions against, among other things, cruel and unusual punishment.

  • Fri, Nov 9 2012 7:39 AM In reply to

    Re: Discussion Topic: Perspectives of Violence and Aggression.

    Taxagent:
    It would not, however, allow the court to order the defendant "pilloried" as Jack suggested in his post.

    That was a joke.

    Although, maybe it should be allowed.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Nov 13 2012 8:24 PM In reply to

    Re: Discussion Topic: Perspectives of Violence and Aggression.

    Thank you so much Jack and Taxagent!! This helps a lot!! I am going to try and get this info into my paper as well when I am going at this from a legal perspective.This term paper is proving to be quite the challenge, but, I am determined to wade my way through all the information and have a great paper. :) 

    Taxagent:
    It refers to provisions in statutes that grant the court the authority to grant such relief as is necesssary to the survival and protection of the victims that are not already expressly provided elsewhere in the statute. The idea is that every situation is unique, and the common provisions provided for in domestic violence statutes may not always offer the protection that the victim needs. These provisions allow the court to fashion more custom relief where the circumstances warrant it. Often these "catch-all provisions" are used by the courts to order various sorts of monetary relief to the victim to ensure that she does not suffer economically because of the abuse.

    This was so easy to understand, thank you for explaining it!! 

    Jack, thank you for the info and links, especially the pillory, it completely brightened my evening!! :)

    Thank you both so much again, I'll let you know how it turns out, unless I come across a few more questions before it is done.. :)

    "Never assume anything and always verify everything." ~ Taxagent

  • Wed, Nov 14 2012 3:31 PM In reply to

    Question [=?] Re: Discussion Topic: Perspectives of Violence and Aggression.

    Alright, I am stumped now...I am attempting to find an OR law that requires law enforcement to give the victim of domestic violence (or in the case of my paper, woman) an Victim's Right's Statement. According to my professor, it is a card that has information for places the woman can call so that she can get help. I am sure that he said the number was ORS 133.05, but after trying to run that through the OR Law search engine, I couldn't find anything close to that. 

    Am I looking in the wrong place, or is the number wrong? I would greatly appreciate any information on how I can find this as it could help establish some things in regards to my paper, and the impact law enforcement has on domestic violence situations. 

    Thanks in advance. :)

    "Never assume anything and always verify everything." ~ Taxagent

  • Wed, Nov 14 2012 3:46 PM In reply to

    Re: Discussion Topic: Perspectives of Violence and Aggression.

    Your google fu is slipping.

    I found the following website that enumerates victims rights. There are many statute provisions cited that you can look up. Apparently it's also part of the OR Constitution.

    http://www.co.marion.or.us/DA/victimassistance/Victims+Rights/

    This might be what you are looking for:

    • Civil Legal Rights for Victims of Crime
    • Whenever any peace officer has reason to believe that a family or household member has been abused, or that an elderly person or a person with disabilities has been abused, that officer shall use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community and giving each person immediate notice of the legal rights and remedies available. ORS 133.055(3).

    Looks like the only citation of Chapter 133.

    Whether that information has to be given written or oral is not readily apparent.

    The first digits of the statute citations correspond with the Chapter numbers.

    http://law.justia.com/codes/oregon/2011/

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Nov 14 2012 3:59 PM In reply to

    Re: Discussion Topic: Perspectives of Violence and Aggression.

    adjuster jack:
    Your google fu is slipping.
    (hangs head) I'm sorry, it is...I should have been able to find that easy... :(

    The links helped a lot, amazing the difference an added 5 makes, I'm wracking my brain, trying to remember if he said 055, but cannot recall it. :/ Thank you so much Jack, that helped a lot! 

    Miss Magoo. :)

    "Never assume anything and always verify everything." ~ Taxagent

  • Wed, Dec 5 2012 3:17 PM In reply to

    Ok [+0+] The Paper is complete and turned in!!!

    Thank you Taxagent, and Jack for all of your help explaining things, and supplying resources so that I could further my research, it helped give me a great understanding when it came to formulating the paper, especially when it came to creating a potentially viable solution that could be used to address domestic violence against women of color.

    Now, just to wait for the results to come in. :)

    Thank you both so very much again!!!!

    Miss Magoo. :)

    "Never assume anything and always verify everything." ~ Taxagent

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