What are my rights as a victim?

As a victim in Oregon, you have legal rights. Many of these rights go into effect automatically and can be found in the "Victims' Rights Guide." However, some rights must be requested before they go into effect. A victim, the victim's attorney, or if the victim requests, the district attorney at his or her discretion, may assert and enforce these rights on your behalf. [Oregon Constitution Article 1, Section 42 (4)].

You may request: 

  • To be notified in advance of any critical stage of the proceedings heard in open court. Critical stages include, but are not limited to: trial, release hearing(s), plea and sentencing. [Oregon Constitution Art.1, Sec. 42(1)(a)] [Oregon Revised Statute (ORS) 135.245(5)(b)(A), ORS 147.500(5)]
  • To be notified in advance about probation revocation hearings. [ORS 137.545(11)(a)]
  • In a violent felony case, that the District Attorney consult with you before making a plea offer and before entering into a final plea agreement. [Oregon Constitution Art. 1, Sec. 42(1)(f)] [ORS 147.512(2)(a)]
  • In a case involving a sexual offense, to limit copying or dissemination of information about and recording of a sexually explicit nature. [ORS 135.873(5) & (6)]
  • To allow no coverage of sex offense proceedings by media television, photography or recording equipment. [Uniform Trial Court Rules (UTCR) 3.180]
  • If the crime involved the transmission of body fluids, testing of the defendant for human immunodeficiency virus (HIV) and other communicable diseases. [ORS 135.139]  
  • In a Driving Under the Influence of Intoxicants (DUII) automobile collision case, that information about the case given to the defendant is also shared with you. [ORS 135.857]
  • If you were younger than 18 years old when the crime occurred, to have as a special condition of probation that the person convicted in your case (for certain crimes) not live within three miles of your home (in counties where the population is over 130,000) (other exceptions may apply). [ORS 137.540(4)(a)]
  • For person crimes and burglary in the first degree only, ongoing involvement in any court actions that happen after the conviction such as appeal, post-conviction or federal habeas proceedings. [ORS 138.627, 147.433, 147.438]

PLEASE NOTE some important automatic rights include:

  • Have the court appoint a qualified interpreter to interpret proceedings (exceptions may apply). Please contact the District Attorney's Office directly. [ORS 45.285]
  • May refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant, may agree to the request and/or may have a District Attorney or advocate present. [ORS 135.970(3), 135.970(2), 138.625(5)]

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1. How do I get a restraining order?
2. What are my rights as a victim?