Oregon Law for Defending yourself/others in someone elses's home

[mortslrak]

Hello Gentlemen, I'm not sure if this is the proper place to post this as this is my first post. I have an interesting situation that I need some advice on.

A good friend of mine has been dealing with one of his friend's domestic issues recently. From what I have been told, he is abusive to his girl friend, is a drug user, "criminal" and a "psychopath". Anyway, long story short, my friend is having the girlfriend stay of this person with him until they can get her back on her feet. He is currently being held by the police, waiting to go in front of a judge. It is very possible that he will be released soon.

Here's the thing, he said that he would go to my friends house, kill everyone there and burn the house down. This, obviously, got my friend a little anxious. They already called the police and explained the situation to them. The police simply said to call 911 if they see him there.

They do not have their own firearms, in case there becomes a situation before the police were to arrive. What I want to know is what the law would say about the possibility of me staying with them, in case the need arises to defend them. I suppose that I could also loan them my weapon, though I'm not sure of the potential legal issues with that either. Not to mention that they aren't nearly as familiar with the use of any weapon.

Let me be clear, I/We do NOT wish to do harm to anyone, but I also do not want harm done to anyone, especially those that are innocent. Obviously, the first thing that we would do would be to call the police and I would only be a last resort in this scenario.

As you can see, I'm not sure what would be the best thing to do in this situation. Any help/thoughts would be appreciated.

 

[Sam1911]

I feel for you.

The abuse victim should immediately file for whatever your state's equivalent of a restraining order is. That does no physical good but establishes a further paper trail which can be helpful in court.

Then, she should probably disappear to whatever extent is possible. If the nut knows she'll be at your pal's house, that's just grave danger for her and your friend. A hotel room in another town would be a great idea. Borrow a car, even, if possible. That sounds like money, I know, but money is a lot easier to replace than lives and spending a few hundred bux now is a lot better than any of you going through the legal system devoting your entire life savings to your legal defense.

Giving her a firearm would certainly be legal, so long as you do not know or have any reason to know that she's prohibited from possessing one. (I.e. --drug user or felon, etc.)

Going there yourself? Wow. Dangerous ground. Risking yourself and your own family and all your fortunes in trying to protect this person? Cops know just how dangerous and risky it is to become involved in someone's domestic dispute. Even the "victim" is often extremely unpredictable. Many people who've tried to help or intervene in a domestic case have ended up dead or GRAVELY wishing they hadn't.

In other words, try as hard as you can to keep your emotion out of it and think with your brain, not your gut reaction.

 

[NavyLCDR]

As you can see, I'm not sure what would be the best thing to do in this situation. Any help/thoughts would be appreciated.

I can tell you what I think would be the worst thing to do....

me staying with them, in case the need arises to defend them.

 

[Cosmoline]

If some armed loon is shooting up the place, of course you can shoot him. But particularly in DV situations, things are very rarely so clear cut. And getting involved as a knight in shining armor based on one side of the story heard second hand is very dangerous. So for example if he does show up and hops over the fence and starts walking around in the back yard with a chain saw, do you shoot him? Well whoops, because that's his chain saw that she took in violation of their divorce decree, and he was just coming to pick it up per her instructions to him--something she neglected to tell you. See how this works?

Also, as a tactical matter if you suspect some threat is going to arrive at Position A, the best step is to not be at Position A when the threat arrives.

 

[NavyLCDR]

Something else to think about... if things go wrong, and your friend and this woman get charged with planning an attack on her abusive boyfriend and your gun ends up being involved in it, now you are squarely in the middle of a conspiracy charge. I wouldn't chance it. Let them buy their gun and stay out of it.

Also, in DV cases, authorities very seldom ever take the time to figure who is gulty of what, they just want someone involved convicted so they can add it to their resume/re-election campaign, regardless of whether that person is the victim or perpetrator. At least in Washington that is the way it is.

 

[mortslrak]

Everything that you all said makes a lot of sense. After stepping back and looking at the situation logically and not emotionally, the best thing for all involved would simply be to relocate, at least temporarily, if it were to become necessary. Thank you all, for your thoughts. I sincerely appreciate it.

 

[Frank Ettin]

And I think we'll call this "done."