How long is the Domestic Abuse Alternative Program (DAAP)?
- Minimum 36 weeks in duration per Oregon Administrative Rules
- What are the requirements of the Domestic Abuse Alternative Program?
- Minimum 36 weeks in duration, per Oregon State Statute
- May be more than 36 weeks if non-compliant.
- Copy of police report- must be furnished by week 3; offender will read it in group at a later date.
- Two polygraphs required: first polygraph at week 24, second polygraph at week 40.
- Letter of Responsibility- written to the victim (but not sent to the victim) by the offender, accepting accountability for their violence.
- Empathy Letter- written by the offender to help them understand the victim’s experience and what the victim may have been feeling both emotionally and physically.
- Homework Assignments- must be completed to receive credit for that week.
- Class fees must be paid.
- No alcohol use or illegal drug use, including prescription drugs that are not their own.
- No violence or threats of violence.
- Participants who are disruptive or uncooperative will be asked to leave the group and may be suspended from the program.
When will the no contact condition be lifted?
- The following are guidelines to be applied on a case-by-case basis and may not be applicable on all cases:
- Telephone Contact: the offender is required to attend five (5) DAAP groups.
- Person to Person Contact: offender is required to attend eight (8) DAAP groups and submit to polygraph testing, at their own expense, to determine compliance to conditions. The supervising officer will contact the DAAP provider for a progress report.
- Removal of No Contact Condition: the offender is required to attend eight (8) DAAP groups and submit to polygraph testing, at their own expense, to determine compliance to conditions. The supervising officer will contact the DAAP provider for a progress report.
- Victim and the offender must both request the no contact condition be lifted.
- Victim will meet with the supervising officer who will determine level of contact allowed or if no contact condition will be removed.
- Required forms will be created and the victim will be advised they can contact the supervising officer anytime they have concerns that the no contact condition can be reactivated.
- The supervising officer, at their own discretion, may reinstate the no contact condition at anytime during supervision.
What is the difference between a No Contact Order and a Restraining Order?
No Contact Order: is a criminal protective order imposed by the courts as a term of release post-arrest or as a condition of probation. A no contact order is valid only in Oregon. It can be modified by a judge pre-sentencing with a hearing petitioned by the victim after completion of a petitioner’s class. Post-sentencing, it remains in effect for the duration of probation and can be modified at discretion of the probation officer.
Restraining Order: is a civil protective order petitioned for by the victim where no report or arrest is required. A restraining order is serviceable in all 50 states. It remains in effect for one year from the date it is granted and may be renewed in court, without a new offense, if the judge determines victim is currently in imminent danger of bodily harm by the aggressor. The restraining order can be modified or removed within 30 days of being granted with a hearing petitioned by the victim or aggressor, after the victim completes required class.
How do I get this expunged off my record so I can own a gun again?
- You may not have been convicted of any other crime within the past 10 years. If you sign the affidavit and have been convicted of a crime, it will be considered false swearing which will result in a criminal proceeding; see ORS 137.225 for a list of case types eligible to be expunged.
- Your offense must be Class C Felony or less (excluding certain crimes that constitute child abuse and any sex crime; see ORS 137.225) and must be over (3) years from the date of conviction;
- All fines and fees must be paid in full on the case.
- Conviction must be 10 years from the date of the latest conviction. If you have more than one conviction, you may expunge multiple convictions but must wait until 10 years from the most recent conviction.
- All arrests that resulted in the District Attorney taking no action must wait one (1) year from the date of arrest;
Cases that have been dismissed do not have to wait to apply for expunction;
Traffic cases cannot be expunged;
You cannot be on any form of probation for the conviction that you are applying for expunction.
If the above criteria is met, you will be required to file forms with both the District Attorney’s Office and the Courts. The District Attorney’s Office will also need a fingerprint card which may be obtained at the Jackson County Sheriff’s Office. The forms can be downloaded from the Oregon Judicial Department website. There are separate fees required for each case you wish to expunge and there are separate fees for the Court and the District Attorney’s Office.
The expungement process takes 8-12 weeks minimum to remove the charge(s) from your record.