House Bill 2774, introduced in January 2025, would end unsupervised visitation for a parent accused of using a gun in the abuse of the child’s other parent, according to a recent Oregon Live News report.

The Contents of HB 2774

Who should decide when a parent accused of using a gun to abuse the other parent can spend time alone with their children? 

Currently, Oregon law allows the family law judge in each case to make that decision. HB 2774, however, would tighten those rules. 

HB 2774 allows a parent who has filed a restraining order to request that the court allow only supervised visits between the other parent and the children. The rule would apply when the restraining order involves one parent threatening or abusing the other with a gun. 

The bill states that if the abuse involved “unlawful and reckless use, display, or brandishing of a firearm by the parent who committed the abuse,” the court’s custody order shall include several factors, such as:

• The parents must exchange the child at a “protected location.” 
• Parenting time must be supervised by “another person or agency.” 
• The parent who allegedly committed the abuse must attend intervention or counseling. 

The bill would also prevent this parent from consuming alcohol or drugs while the children are in the parents’ custody or within 24 hours before picking up the children. It would require the parent to pay some or all of the parenting time supervision costs. The parent would not be allowed to have overnight parenting time.

Representative Paul Evans, D-Monmouth, says that he was inspired to submit the bill by the story of a young mother whose partner “brags about having two guns on him at all times” and who allegedly shot the family’s dog while the mother was holding it, according to Oregon Live News. When the story came out years later at the couple’s divorce, the judge “actually awarded the fellow more custody time rather than less,” says Rep. Evans. 

Rep. Evans stated that, as a firearm enthusiast, he believes courts should hold accountable those who use firearms irresponsibly, including by limiting their unsupervised access to their children when firearm users use their guns to intimidate or abuse their partners. 

Perspectives on HB 2774

Both supporters and opponents of the bill are making their voices heard. In a February 2025 hearing in the Oregon legislature, several committee members appeared to express support for the bill. 

Supporters in the hearing noted that the bill still allows parental visitation, which is within limits. Children would still have the opportunity to develop a relationship with both parents. Offering these opportunities within reasonable safety limits is a key goal of Oregon’s custody and visitation laws. Supporters also note that requiring the exchange to occur safely protects one parent from further abuse by the other. 

Opponents, however, fear the bill goes too far in curtailing rights or allowing parents to enact revenge on one another. For example, some written opposition claimed the bill undermined their Second Amendment rights to “keep and bear arms.” Others noted that an angry ex-partner could claim they’d been abused with a gun to restrict the other parent’s visitation rights, even though the accused parent had not been convicted of any crime. 

In committee, Rep. Evans noted that he would have liked the bill to have stronger restrictions or prohibitions, but that he sought to balance protections for abused parents with the accused parent’s Constitutional rights. 

Parenting Time in Abusive Relationships

Oregon law does not prescribe “one size fits all” rules for child custody, visitation, or parenting time. However, the state does have some guidelines and limits.

For example, custody decisions must be made in the best interest of the child. Both parents may present evidence in court to argue that a particular arrangement is or is not in their child’s best interest. Determining “best interest” can involve several factors; a knowledgeable Oregon child custody lawyer can help you understand these factors and create an arrangement that protects you and your child.

Navigating Oregon’s rules on child custody, visitation, and parenting time can be challenging. It’s even tougher when one parent may pose a safety risk to the children or the other parent. 

If you’re facing divorce or custody-related issues, speak to the experienced Oregon custody and family law attorneys at Gearing, Rackner & McGrath today.