Oregon v. GerhardtAnnotate this Case
Defendant Scott Gerhardt was convicted of strangling his wife. At sentencing, the trial court awarded the victim restitution for attorney fees that she incurred to enforce a no-contact order that the court had previously entered while defendant was in jail as well as to obtain a permanent protective
order. The issue in this case was whether those attorney fees could be awarded as restitution under ORS 137.106(1)(a), which authorized restitution when a person is convicted of a crime “that has resulted in economic damages.” The Court of Appeals concluded that they may not be awarded and
reversed. The Supreme Court concluded that, because defendant conceded that the attorney fees were caused by his conduct and were a reasonably foreseeable result of that conduct, the trial court
did not err in awarding restitution for those fees.