Oregon law currently allows judges to decide whether a parent accused of abusing the other parent by using a gun is allowed solo time with their children, a state representative told a legislative committee this week. A bill before the Legislature is trying to change that.
The bill aims to protect children from parents whom a judge determines unlawfully used or brandished a gun while committing abuse against the child’s other parent. The bill would empower a parent who has filed a restraining order to request that a judge require that the offending parent only see the child during supervised visits.
House Bill 2774 also requires that the abusive parent refrain from using drugs or alcohol for 24 hours before those visits, be barred from overnight visits and complete a court-intervention or counseling program.
Rep. Paul Evans, D-Monmouth and the bill’s sponsor, told the House Judiciary Committee on Monday that he brought forth the bill based on the experience of a pregnant woman who was with her young child when her husband ran over the family’s dog by mistake. The woman held the dog and tried to comfort it when her husband put her in danger, Evans said.
“This fellow who brags about having two guns on him at all times pulled out a firearm, shot the dog while she was holding the dog, with brain and viscera going all over her,” Evans said.
Evans said the woman was a victim of emotional abuse by her husband and, like many victims, didn’t report the act, which was a crime. It was only much later, after she decided to divorce her husband, that she acquired a restraining order and brought forth the story, said Evans, who didn’t share any names or case numbers.
“Not only did the husband in this case not deny it but smiled, acknowledging that he always does have two guns on him just in case,” Evans said. He said, “The judge didn’t think that was very important and actually awarded the fellow more custody time rather than less.”
“I have 30 guns, plus or minus,” said Evans, who served in the military. “I’ve spent my entire life around guns. I believe having a firearm actually means you are more responsible” and that the court system should hold those who don’t act responsibly to account.
The bill drew written opposition from nearly two dozen people. One person also testified in person against the bill. Some said they thought it was a covert attack on their Second Amendment gun rights or would allow vindictive ex-partners to exact revenge based on a restraining order without a conviction.
But the bill appeared to receive support from committee members.
“We’re still allowing, which amazes me, we’re still allowing parental visitation, not custody, parental visitation. Am I reading this right?” asked Rep. Kevin Mannix, R-Salem.
Evans responded: “I believe so. I wanted a slightly more aggressive response but was told the Constitution wouldn’t allow that. And this is as far as I thought I could go.”
The bill’s chances of advancing out of committee are unclear. The committee chair and vice chairs didn’t respond to a question from The Oregonian/OregonLive Tuesday.
— Aimee Green is covering the Oregon Legislature this session. Reach her at 503-294-5119, agreen@oregonian.com or @o_aimee.
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