[DV_listserv] FW: What do you think?

[Domestic Violence issues]

33.055 provides the method by which to charge contempt.
 
33.075 provides a method by which the court can compel a
defendant/respondent's attendance in court if the person FTAs. 
 
The FTA statute(s) indicates that a person commits an FTA if ".....in
connection with a charge against the person of having committed a
misdemeanor" (Second Degree) or "felony" (First Degree).
 
Misdemeanor is defined as: "A crime is a misdemeanor if it is so
designated in any statute of this state or if a person convicted thereof
may be sentenced to a maximum term of imprisonment of not more than one
year." 
 
ORS 161.555 (Classification of Misdemeanors) (2): describes what
constitutes an "unclassified misdemeanor."
 
The problem is that Contempts are NOT "crimes". (by caselaw). 
 
However, I think 33.075 is the solution (whether it's for a VRO or VRA).
 
--Erin 
-----Original Message-----
From: dv_listserv-bounces at listsmart.osl.state.or.us
[mailto:dv_listserv-bounces at listsmart.osl.state.or.us] On Behalf Of
Domestic Violence issues
Sent: Wednesday, March 09, 2011 9:32 AM
To: dv_listserv at listsmart.osl.state.or.us
Subject: [DV_listserv] What do you think?



This is from a DDA in Klamath County: 

Our judges figured out since contempts are no longer unclassified
misdemeanors, they can't issue FTA's when that happens and they want to
know what to do.  

 

Any information about what's going on around the state about this issue,
and arrest warrants for contempts also?

 

If you have responses (and hopefully you do), please send them to me: 
erin.greenawald at doj.state.or.us <mailto:erin.greenawald at doj.state.or.us>


 

Thanks,

 

Erin

 

 

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