Domestic Violence Victim Spared from Disclosing her DHS and Mental Health Records

A Multnomah County judge has granted the Oregon Crime Victims Law Center's motion to quash a subpoena that was seeking all of a domestic violence victim's Department of Human Services (DHS) records and mental health treatment records.

The defendant, who is accused of stabbing the victim, had sought an in camera review of any and all records that might be held by DHS relating to the victim, as well as any records of any kind of mental health treatment that the victim may have sought.  There was no time limitations on the defendant's request, and the defendant had no actual knowledge of whether the records actually existed.  At a lengthy hearing in front of Judge Eric Bergstrom, the defense argued that he was entitled to an in camera review of the the records because he was attempting to show that the victim had "history of violence."  

Oregon Crime Victims Law Center's Legal Director Rosemary Brewer argued that DHS and mental health records are privileged, and as such, require a showing that there is information in the records that is likely to be material, favorable to the defendant, and admissible as evidence.  Referring to Brewer's citing of Kahn v. Pony Express Courier Corp., 173 Or App 127 (2001), the Court denied the defendant's motion for an in camera review and granted the motion to quash on the grounds that DHS records are in fact privileged, as are mental health treatment records, and the defendant did not reach the necessary standard for review.  

The case was referred to the Oregon Crime Victims Law Center by a victim advocate in the Multnomah County District Attorney's Office.