Understanding House Bill 2774
In January 2025, the Oregon legislature introduced House Bill 2774, a significant proposal aimed at enhancing the safety of children involved in custody disputes. This bill specifically targets situations where one parent is accused of using a firearm to threaten or harm the other parent. Under current law, decisions about unsupervised visitation rest with family law judges. However, HB 2774 seeks to impose stricter guidelines.
Key Provisions of HB 2774
The bill empowers a parent who has obtained a restraining order due to gun-related threats or abuse by the other parent to request court-mandated supervised visits. The legislation outlines several conditions that must be met if such allegations are proven:
- Protected Location Exchanges: Children must be exchanged between parents at designated safe locations.
- Supervised Parenting Time: Visits must occur under the supervision of an approved individual or agency.
- Mandatory Intervention Programs: The accused parent is required to attend counseling or intervention programs.
- Substance Restrictions: The abusive parent is prohibited from consuming alcohol or drugs during and within 24 hours prior to visitation.
- Financial Responsibility: The alleged abuser may bear some or all costs associated with supervision.
- No Overnight Stays: Overnight visitation is not permitted under these circumstances.
Representative Paul Evans, who introduced the bill, was motivated by cases where irresponsible firearm use led to increased custody for abusive parents rather than restrictions. His aim is clear: ensure accountability while balancing constitutional rights with child safety concerns.
Public Reaction and Legislative Debate
During legislative hearings in February 2025, HB 2774 garnered both support and opposition. Proponents argue that it maintains crucial parental bonds while ensuring child safety through structured oversight—an alignment with Oregon’s overarching goal in custody matters. They emphasize that safe exchanges prevent further victimization of abused partners. Critics express concern over potential misuse by vindictive ex-partners and perceived infringements on Second Amendment rights. Some fear that accusations could be weaponized in contentious divorces without requisite criminal convictions as evidence. Representative Evans acknowledges these concerns but argues that safeguarding vulnerable individuals justifies these measures.
Navigating Parenting Time Amidst Allegations of Abuse
Oregon's family law framework prioritizes children's best interests without prescribing universal solutions for custody arrangements. Courts consider multiple factors when determining what arrangement best serves a child's welfare—a process often requiring robust legal advocacy from knowledgeable Oregon child custody attorneys. If you find yourself entangled in complex divorce or custody disputes involving potential safety risks from an abusive partner, consulting experienced legal professionals can offer guidance tailored to your circumstances. At Pacific Family Law Firm, our dedicated team stands ready to assist you through every step of your case.