I have to preface this with I am NOT a Lawyer...
I have a couple of things for you guys to think about
1. When your girlfriend talked to the police, did she tell her side and admit to the police that she pushed her way past the guy? (I'm going to guess yes?)
2. Did anything she said to the police help her avoid the citation? (Obviously not)
The point in a nutshell is that I think she's just proven that talking to the police CANNOT help you. ESPECIALLY admitting what YOU have done in a situation. If she (and you) said nothing
to the police about your own actions, and only describe what HE did, the police only have his word that you did anything and without any evidence or a confession I think they're probably not
going to write a citation. Even if they did choose to cite you for something, If the officer has no notes that you admitted to anything, they're going to have an awful hard time proving it.
I assume the citation for harassment was for violating ORS:166.065?
(1) A person commits the crime of harassment if the person intentionally:[/b]
(a) Harasses or annoys another person by:
(A) Subjecting such other person to offensive physical contact; or
(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response;
(b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or
(c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm.
(2) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person’s control to be used in violation of subsection (1) of this section.
(3) Harassment is a Class B misdemeanor.
(4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor if a person violates subsection (1) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person. [1971 c.743 §223; 1981 c.468 §1; 1985 c.498 §1; 1987 c.806 §3; 1995 c.802 §1; 2001 c.870 §2]
It sounds on the surface like your g/f violated section (1)(a)(A):Subjecting such other person to offensive physical contact. However, depending on what exactly the other guy was saying to your girlfriend, I would think HE may be guilty of (1)(a)(B): Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response. Also, if he was physically blocking her from leaving, and she HAD to push against him to leave, couldn't HE be guilty of (1)(a)(A)? There may be another statute that he violated by blocking her way, but I'm not finding anything specific...
This IS a class B Misdemeanor. Your g/f REALLY doesn't want this as a conviction on her record. I would suggest a cheap consultation with an attorney. If you call the Oregon State Bar Association, they will direct you to a lawyer of the type you need, and guarantee something like a 1/2 hour or an hour initial consultation for pretty cheap, I think it's like $30?
Another option for you AND your g/f is to both file an abuse prevention (restraining) order on the guy. Especially if he made threats against you when he said he had access to a firearm?If he's going to play the legal game, you sure can too, plus the filing of the restraining order couldn't hurt yourg/f's case either, in my opinion. The police report probably has enough documentation in it about him yelling, screaming, claiming he was going to "get you, bitch", physically blocking her way, etc. Do it quick before
he does it to you, because if you have a restraining order filed against YOU, and you can't get it dismissed by the restraining order court date, YOU have just lost your RKBA for a whole year, thanks to federal law.
Just my opinion, but you need to take a proactive approach to this guy before he screws you up, one way or another...