Frequently Asked Questions
In a violent felony case, the victim has the right to be consulted prior to the plea offer being extended to the Defense Attorney and the Defendant. You should inform your Victim Assistant if you wish to exercise this right. You will want to make sure that your contact information on file with Victim Assistance is accurate and up to date. Inform your Victim Assistant if your address or phone numbers change. This will ensure that the Victim Assistant can inform you of any plea offers in a timely way.
Crimes should be reported to Law Enforcement. The District Attorney’s Office is not able to take criminal reports.
Pain and suffering cannot be sought in a criminal case. You may be able to seek pain and suffering in a civil action.
As a victim you have three different options:
- You have the right to refuse to speak with the Defense Attorney or Defense Attorney’s Investigator.
- You can choose to speak with the Defense Attorney or Defense Attorney’s Investigator with a representative from the District Attorney’s Office present.
- You can speak to the Defense Attorney or Defense Attorney’s Investigator at your own discretion.
You are not required to attend all of the hearings during a criminal case. The only time you are required to attend a hearing is if you receive a Subpoena. A Subpoena is a court order requiring you to attend the court proceeding. You may attend any hearing held in open court if you wish.
To report a violation of an Order of Protection, No Contact Order, or a Release Agreement you need to contact Law Enforcement at 541-475-2201. Law Enforcement will take the report and forward the information to the District Attorney’s Office. (See Other Resources tab law enforcement section.)
To drop or modify an Order of Protection and/or a No Contact Order you have to complete a few steps. Both the criminal No Contact Orders and civil Orders of Protection remain in effect until a Judge modifies or dismisses them.
Criminal Domestic Violence and Sexual Assault No Contact Order: You must first complete some paperwork with a Victim Assistant, which is then reviewed by the Deputy District Attorney, and afterward it must be turned into the Circuit Court. The Petition to Waive/Modify the No Contact Order is usually heard at the Defendant’s next court appearance. You will need to be present at the hearing to speak about why you want to modify or dismiss the No Contact Order. Contact your Victim Assistant if you have questions and to confirm the court date.
Criminal No Contact Orders: You must notify the Victim Assistant that you desire the No Contact Order to be modified or dismissed. At the Defendant’s next court hearing you may be given the opportunity to discuss your request to modify or dismiss the No Contact Order. Contact your Victim Assistant if you have questions and to confirm the court date.
Orders of Protection: In Orders of Protection relating to domestic violence and sexual assault, a Victim Assistant will help you complete the paperwork to either modify or a dismiss the Order of Protection. For the other Orders of Protection, you can complete them on your own or request assistance from Victim Assistance with the forms. The forms can be found within the original Order of Protection paperwork on the Oregon Judicial Branch website. Turn the forms into the Circuit Court. The judge will review the Order of Protection modification or dismissal request and mail you a written decision.
If you desire to informally provide feedback to Victim Assistance, a victim survey is sent out with the Uniform Criminal Judgment when a criminal case ends that can be mailed back to the Victim Assistance Program. To file a formal complaint or grievance with the Victim Assistance Program, call 541-475-4463 and request to speak with the Victim Assistance Director. The Victim Assistance Director will guide you through the process. You may also file a complaint or grievance with the Oregon Department of Justice, Crime Victim and Survivor Services Division. For more information call the Complaint Coordinator at 503-378-5307 or click on CVSSD Complaint Procedure.
If you would like to speak with the Deputy District Attorney handling your case, the easiest way to achieve this is speaking with your Victim Assistant. Your Victim Assistant can coordinate an in-person meeting or phone call with the Deputy District Attorney to accommodate your schedule and needs.
You do not need to dress in a suit when you go to court, but you should wear clothing that you would feel comfortable in at church or at a job interview. Do not wear any clothing with inappropriate or vulgar messages or pictures on it. Avoid revealing outfits. Hats and head coverings that are not for religious or medical purpose are not allowed. Clothing containing any political messages are discouraged.
An Order of Protection is also called a Protective Order or Restraining Order. To obtain a civil Order of Protection you have several different options to obtain the paperwork and complete the process, depending upon whether you want assistance or want to complete the process on your own. The process below is a general guide.
Choose an Order of Protection: There are several different Orders of Protection. (See Orders of Protection tab for further information.) Each order varies in eligibility requirements, time limits, kinds of relief granted, and the consequences for a violation. For online tutorials for all Orders of Protection visit OregonLawHelp.Org. Review each order carefully to find the best fit for your situation.
Obtain the Paperwork: Pick up forms at the Jefferson County Circuit Court at 129 SW E Street in Madras (541-475-3317) or print them from the Oregon Judicial Branch website. Be sure to print all required forms.
Assistance with Paperwork and Court Accompaniment: A Victim Assistant or Saving Grace Advocate may be able to assist with the paperwork and court accompaniment, but they cannot provide legal advice. An attorney can assist you with paperwork and court accompaniment, but any costs would be your responsibility. (See Other Resources in the legal resources section.) You can also follow the directions on the forms, complete them yourself, and then attend court on your own.
Court: Once you complete the Order of Protection forms, turn the forms into the Circuit Court. The Circuit Court staff will give you a time and date for an initial hearing in front of a Judge. At the hearing the Judge will ask you questions and then determine if you meet the eligibility requirements for the Order of Protection you are requesting.
Service: If the Judge grants the order, you will obtain a copy of the Order of Protection for your records and a service packet. Take the service packet to the Jefferson County Sheriff’s Office at 675 NW Cherry Lane in Madras (541-475-6520) so it can be served. The order is not in effect until the Respondent has been served with the order.
The amount of time that passes between an arrest/citation and the filing of the charges and the trial and/or sentencing, varies widely from case to case. Many factors affect the length of a case including the nature of the case, the defendant’s willingness to resolve the case, court procedure, and the court’s calendar. As a general guide, misdemeanors resolve within a year and felonies can take a year or more.
The District Attorney or the Deputy District Attorney are not able to provide you with legal advice or representation. The following links are helpful in locating an attorney or acquiring legal advice:
- The Oregon State Bar allows you to search for attorneys, plus has information and applications for the Modest Means Program, which assists with low-cost Attorneys.
- Legal Aid Services of Oregon is a statewide non-profit organization that provides legal assistance to low-income individuals. They also have a regional office located in Bend, Or. that serves Jefferson County residents.
- Oregon Crime Victims Law Center provides free legal services to crime victims to help them assert their rights within a criminal case. They have a regional office located in Bend, Or. that serves Jefferson County residents.
- See Other Resources tab legal resources section.
If you have additional information, you should contact the Law Enforcement Agency that took the initial report. The Law Enforcement Agency will take the information, complete a report, and forward it to the District Attorney’s Office.
You do not have to go to court alone. Your Victim Assistant will escort you to and from the court room and remain with you during the court proceeding. Your Victim Assistant can also discuss safety planning and options, and coordinate with court staff to meet your concerns.
In the State of Oregon only the District Attorney or the Deputy District Attorney can file or dismiss charges in a criminal case.
To confirm that the person who called you works for the Victim Assistance Program, ask for their name and phone number. Next, call the Jefferson County District Attorney’s Office at 541-475-4452. Since the Victim Assistance Program is part of the District Attorney’s Office, the person answering the phone will be able to confirm whether the caller is part of the Victim Assistance Program and connect you to that person. If the person who called you is not a Victim Assistance staff member, ask to speak with the Victim Assistance Director to report the person.
If your rights are not honored, you may be able to file a claim for a violation of crime victims' rights. It's important to be aware that there are time limits involved in that process. A Victim Assistant can help explain the process and help you understand what options might be available to you. You can speak with a Victim Assistant or request to speak with the Victim Assistance Director by calling 541-475-4463. Additional information can also be found on the Oregon Department of Justice Crime Victim and Survivor Services website.
A “No Contact Order” is an order from the Court in a criminal case. An Order of Protection is a civil order that is obtained by an individual (called the Petitioner) completing a petition to the court and a Judge granting the Order of Protection against the Respondent (person the order is against).
Third party contact means that the Defendant or Respondent tries to communicate with you or send a message to you through another person, such as a friend or family member.
When the victim requests the return of the property that is held as evidence, the Victim Assistant will contact the Deputy District Attorney for written approval for the release of property after the case is completed. Next, a Victim Assistant will inform the victim that they are able to pick up their property up at the Law Enforcement Agency where it is being held. This process may be delayed if the case is appealed. (Exceptions may apply in very limited circumstances.)
If you believe a child is being abused or neglected, you should report the abuse to the Oregon Department of Human Services - Child Abuse Hotline at (855) 503-7233. You can also report this information to a local Law Enforcement Agency. (See Child Abuse tab for more information on reporting or Child Abuse.)
If you believe a senior or a person with disabilities is being abused or neglected, you should report the abuse to the Oregon Department of Human Services – Seniors and Persons with Disabilities Hotline at (855) 503-7233. You can also report this information to a local Law Enforcement Agency. (See Elder Abuse tab for more information on reporting, or Elder and People with Disabilities Abuse.)
A prosecutor is another term for a District Attorney or Deputy District Attorney.