Frequently Asked Questions (FAQ's)

What types of restraining orders are available in Oregon?
In Oregon, there are three main types of restraining orders: Family Abuse Prevention Act (FAPA) orders for domestic violence victims, Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) orders for vulnerable adults, and Sexual Abuse Protective Orders (SAPO) for survivors of non-intimate partner sexual assault.
How do I obtain an Oregon restraining order?
To obtain a restraining order in Oregon, you must file a petition with the Circuit Court in the county where you live or where the abuse occurred. You'll need to complete the necessary forms, provide detailed information about the abuser and incidents of abuse, and attend a hearing before a judge who will assess your request.
Are Oregon stalking protective orders enforceable in other states?
Yes, Oregon stalking protective orders are enforceable in other states under the federal Violence Against Women Act. If you move or temporarily relocate to another state, inform local law enforcement about your protective order to ensure it is properly enforced and to maintain your protection should you move out of Oregon.
What is an Oregon stalking protective order?
An Oregon stalking protective order is a legal document issued by a court to protect a person from being harassed, intimidated, or followed by another individual. It aims to prevent further stalking behavior by the respondent (the accused stalker) and to ensure the petitioner's (the victim's) safety.
How do I obtain an Oregon stalking protective order?
To obtain a stalking protective order, you need to file a petition at your local circuit court, describing the stalking incidents and providing evidence of the behavior. After reviewing your petition, a judge may grant a temporary order, followed by a hearing to decide whether to issue a permanent order.
Does an out-of-state or foreign protective order apply in Oregon?
Yes, under federal law called Full Faith & Credit provision all states must enforce valid out-of-state protective/restraining orders as if they were issued in Oregon. You should register your order with local authorities to ensure proper enforcement.
What is the difference between a stalking protective order and a restraining order?
A stalking protective order specifically targets stalking behaviors, while a restraining order typically addresses broader issues of domestic violence, such as abuse or threats. Restraining orders are usually requested by family or household members, while stalking protective orders can be sought by anyone experiencing stalking.
What happens if someone violates an Oregon restraining order?
Violating an Oregon restraining order is considered contempt of court and can result in criminal charges such as misdemeanor or felony charges depending on the severity of violation; this may lead to fines or imprisonment.
What is an Oregon Stalking Order?
An Oregon Stalking Order is a court order that provides protection for individuals who are being stalked, harassed, or threatened by another person. It prohibits the stalker from contacting or coming near the victim and can result in criminal penalties if violated.
Can I get an Oregon Stalking Order against someone who lives in another state?
Yes, you can obtain an Oregon Stalking Order against someone who lives in another state if they are engaging in stalking behavior towards you while you reside in Oregon. In such cases, it's crucial to work with your attorney and local law enforcement agencies to enforce the order across state lines.
How long does an Oregon restraining order last?
Temporary restraining orders typically last until your court hearing date, which is usually within 14 days. If granted by a judge after this hearing, a final restraining order can last up to one year but can be renewed if needed. In some cases involving extreme risk protection orders or stalking protective orders, they may be indefinite.
How does a restraining order affect child custody and parenting time?
A restraining order can impact child custody and parenting time by limiting the access of the restrained party to the children or by placing restrictions on visitation, such as supervised visits or no contact at all depending on the nature of abuse. Further, there is a statutory consideration against awarding custody to a parent who is determined to have committed abuse.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregonfamily law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregonfamily law and divorce Lawyers encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

What Is A Fapa Order In Oregon?

The Family Abuse Prevention Act (FAPA) provides for a means to have the court issue an order of protection against abuse for certain parties.

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What is an Oregon Restraining Order? | Top Oregon Family Law and Divorce Lawyers

What Is An Oregon Restraining Order?

An Oregon Restraining Order, sometimes called a "FAPA order" (or Family Abuse Prevention Act) restraining order is a civil order that protects from abuse or injury from a family or member of a household.

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Do restraining orders carry over from state to state? | Top-Rated Oregon Family Law and Divorce Attorneys

Do Restraining Orders Carry Over From State To State?

Restraining orders, also sometimes called "FAPA orders" or "protective orders" in Oregon, can be received in any state. However, they can still be enforced when you or the protected person are located in another state. A restraining order issued against you in Oregon is still valid in other states, and you must follow the terms.

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Do restraining orders show up on a background check? | Best-Rated Oregon Family Law and Divorce Attorneys

Do Restraining Orders Show Up On A Background Check?

Generally, you should assume that if it's part of the public record, it can be discovered.

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What qualifies as domestic abuse in Oregon? | Top-Rated Oregon Family Law and Divorce Lawyers

What Qualifies As Domestic Abuse In Oregon?

"Domestic abuse" is defined by Oregon law. Generally, the law states that it is abuse when a family or household member takes certain actions.

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What is a stalking order in Oregon? | Best-Rated Oregon Family Law and Divorce Lawyers

What Is A Stalking Order In Oregon?

This blog post delves into the legal process of obtaining a Stalking Protective Order (SPO) in Oregon. It explains what constitutes stalking behavior, who can obtain an SPO, and how to go about filing for one. The post emphasizes the importance of consulting with an experienced Oregon stalking attorney to navigate this complex and sensitive issue.

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How Long Does It Take For A Restraining Order To Take Effect?

After a judge signs an Oregon restraining order, the protective order does not actually go into effect until the other party (the "Respondent") is served.

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