[DV_listserv] Legal Update

[Domestic Violence issues]

3) State v. McKarge
Date Filed: 09-10-2014
Case #: A151891
Duncan, P.J. for the Court; Wollheim, J.; and Edmonds, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A151891.pdf

CRIMINAL LAW: Under ORS 135.230(4)(c), the portion of the definition of "family or household members" that refers to "persons related by * * * marriage," is limited to "[a]dult persons related by * * * marriage" and does not apply to a minor child.

Defendant appealed conviction for multiple crimes, including assault in the fourth degree - constituting domestic violence. Defendant assaulted his stepdaughter S, but argued for the domestic violence charge, stepdaughter must be a "family or household member" under ORS 135.230. Defendant was married to the mother of S, but the two were estranged and not living together. The Court found under ORS 135.230(4)(c), the portion describing "adult persons related by marriage" is limited to adults, and thus S did not fall under that part of the statute. Nor were Defendant and S cohabitating. Therefore, Defendant could not be charged with "domestic violence." Judgment of conviction on Count 8 reversed and remanded with instructions to enter a judgment of conviction for fourth-degree assault; remanded for reentering; otherwise affirmed.

[Summarized by: Samantha Stocklein]

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