Oregon- Can the state continue to enforce no contact order after the sentence served?

[dbusch7601]

Oregon- Washington County

Almost two years ago, my boyfriend was drunk and threatening to hurt himself. As I was trying to calm him down (he was loud), my neighbor called the police - she stated she thought we were fighting. The police came and my boyfriend had a knife (threatening to hurt himself, not me). They told me they were going to take him in and put him on suicide watch and release him when he sobered up. Instead they charged him with harassmentwith no bail and issued a protective order.

After waiting 3 weeks in solitary for his hearing (solitary because of the "suicide watch")- he couldn't take it anymore and asked to change his plea to guilty just to get out of jail. They took his plea and scheduled his court the same week. He was put on probation with a alcohol package (no DV package, the fact that there was no harm or threat of harm to me was acknowledged by the judge but he said they didn't know what to charge him with.).

The initial probation officer allowed the protective order to be lifted after he completed his alcohol package- which he did. The protective order was lifted for over a year- until he got a probation violation for testing positive for alcohol during his monthly meeting with his probation officer. In court, his probation was revoked and he is now serving the last 20 days of a 120 day sentence. He was recently transferred from the jail to the WCCCC and I just learned the protective order was reinstated.

My question is- can the State of Oregon continue to enforce the no contact order after he finishes his sentence and is released (no longer on probation, completely done with this misdemeanor offense)? There were no new charges filed on the probation violation. If they can, is there a limit or can they enforce the NCO forever? Is there a process following his release where I can request an order to vacate the no contact (since I'm the "victim")?

[Proserpina]

Originally Posted by dbusch7601

Oregon- Washington County

Almost two years ago, my boyfriend was drunk and threatening to hurt himself. As I was trying to calm him down (he was loud), my neighbor called the police - she stated she thought we were fighting. The police came and my boyfriend had a knife (threatening to hurt himself, not me). They told me they were going to take him in and put him on suicide watch and release him when he sobered up. Instead they charged him with harassmentwith no bail and issued a protective order.

After waiting 3 weeks in solitary for his hearing (solitary because of the "suicide watch")- he couldn't take it anymore and asked to change his plea to guilty just to get out of jail. They took his plea and scheduled his court the same week. He was put on probation with a alcohol package (no DV package, the fact that there was no harm or threat of harm to me was acknowledged by the judge but he said they didn't know what to charge him with.).

The initial probation officer allowed the protective order to be lifted after he completed his alcohol package- which he did. The protective order was lifted for over a year- until he got a probation violation for testing positive for alcohol during his monthly meeting with his probation officer. In court, his probation was revoked and he is now serving the last 20 days of a 120 day sentence. He was recently transferred from the jail to the WCCCC and I just learned the protective order was reinstated.

My question is- can the State of Oregon continue to enforce the no contact order after he finishes his sentence and is released (no longer on probation, completely done with this misdemeanor offense)? There were no new charges filed on the probation violation. If they can, is there a limit or can they enforce the NCO forever? Is there a process following his release where I can request an order to vacate the no contact (since I'm the "victim")?

Yes, they can enforce it. It could feasibly be enforced forever unless (and this is usually the case) there is an expiration date.

Why exactly was it reinstated after first being lifted?

[dbusch7601]

I do not honestly know why it was reinforced this last time. I was not notified that it was. I have left messages for the probation officer, but he hasn't called me back. I called the WCCCC and they told me they couldn't confirm or deny the order. A friend of my boyfriend's called me and said he had talked to him and that is how I found out (my boyfriend didn't ask him to tell me).

I assume it was because he had a probation violation. When he went to his last meeting with his probation officer (had monthly meetings throughout), he tested positive for alcohol.

Is there a way I can personally hire a lawyer and file a request to vacate the protective order? At this point, I feel like my rights are being violated. I understand the premise for the law- but we've never had any domestic issues nor were any stated in the case by the DA or the judge. We lived together for several years prior to the initial incident and purchased a house together last fall after the initial protective order was released. I am now two months behind on the mortgage since he was put back in jail with a probation revocation and had to serve the remainder of the sentence.

This is a horrible financial and emotional strain on both of us.


Thanks