In The Matter of Civil Versus Criminal 🚨Updated: April 2025🚨 By: Captain Sean Sanborn Here at the Coos County Sheriff’s Office, we deal with a number of different incidents throughout a typical day. We recognize the frustrations of our citizens and do whatever we can to help. However, a major point of anger directed at Deputies is when we have to tell a person that a matter is civil. The law is very clear on the matters a peace officer can handle. Our authority is limited by law to criminal matters alone, and only through an investigative process may we act against someone who has committed a crime. The other side of the law would be civil. Civil law becomes involved when we begin to talk about contracts, agreements, and property lines. While it is true that the Coos County Sheriff’s Office has a “civil” division, the responsibilities of this division are limited to serving subpoenas, writs, and other court orders that have been handed down to the Sheriff’s Office from the courts. Often, our civil division will carry out those processes when the Sheriff’s Office is ordered by a judge to do so. This is often seen and evident in evictions. Marital matters are always difficult. I am certain many can relate to a bad or ugly divorce proceeding where two folks who live together separate. In these incidents, we often find disputes over property. What many folks do not realize is that Oregon is a community property state. What that means is that upon marriage, property is owned by the couple and not the individual until such a time as assets are separated by the courts. This includes homes, cars, dogs, and other property. The same could be said regarding the custody of children. Criminal law, when it comes to custodial interference (ORS 163.245 and ORS 163.257), specifically outlines when a custodial situation becomes a crime. Often, there are custodial agreements that are put in place by the courts. However, there is no criminal process for enforcing those custodial agreements. More often than not, a Deputy will tell a parent that they need to go back to the courts in order to adjust that agreement or to report a violation of that agreement. We often see folks attempt to report vehicles as being stolen when a person they have an agreement with has chosen not to pay that bill. When a vehicle is sold, whether it is in writing or not, an agreement or verbal contract is entered upon by the two parties. We cannot take a stolen vehicle report in these instances. Property line disputes are particularly difficult. In any situation where a property line is in dispute, a deputy will tell the parties to have the property surveyed, and then, should the matter remain in dispute, to go to the courts or consult an attorney. There are certainly times when we wish we could make that call in the field and settle the matter. However, we are not surveyors and are just not equipped to do that. There is certainly the crime of Criminal Trespass, which may be enforced when there is a clear property line; however, if the matter is disputed, it becomes difficult to enforce that law when both parties say they are on their property and standing in the same place. We frequently deal in matters involving landlord/ tenant law. If anyone is allowed to live in a person’s home for an extended period of time (72 hours or more), according to the state of Oregon, that individual obtains a proprietary interest in that living arrangement. In these cases, an eviction process must be gone through. The process is lengthy, and action cannot be taken by the Sheriff’s Office until an order is signed by a judge forcing the tenant to leave. More information about landlord/ tenant law can be found here: https://www.oregon.gov/ohcs/housing-assistance/Pages/Landlord-tenant-resources.aspx Lastly, it is important to note that an agreement or contract can be verbal, or in writing. If any agreement is in place and there is a breach of the agreement by one party or the other, we cannot take criminal action against that person regarding the agreed upon matter. On April 23, 2025, in the 2025 Legislative Assembly of Oregon, the Oregon House of Representatives passed House Bill 3522, which is designed to streamline “squatter evictions” through the courts. The Coos County Sheriff’s Office has already started fielding questions regarding this law. It should be noted that it has passed through the House only and has not been ratified by the Senate or signed by the Governor. Therefore, it is not yet the law. We should know by the end of this Legislative Session whether this law will become a reality or not and when it will take effect. You can read about this law and track its progress through the legislature at the following website: https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB3522 In closing, we at the Sheriff’s Office recognize your frustration, and often, things seem like they should be criminal, or they feel criminal to an individual when they are not. However, we ask for understanding and grace for the Deputy who really wishes they could take action, but, by law, are not allowed to do so. We recommend that, should you run into these issues, you speak to an attorney and seek advice on how to proceed in a lawful and peaceful manner.