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.
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.
How do I obtain an Oregon Stalking Order?
To obtain an Oregon Stalking Order, you must file a petition with the circuit court in your county. You will need to provide evidence of stalking behavior, such as police reports, witness statements, or documentation of threats. A judge will review your case and may issue a temporary order before scheduling a hearing to determine if a permanent order is necessary.
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.
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.
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.
How long does it take to get an Oregon Stalking Order?
The length of time it takes to get an Oregon Stalking Order varies based on individual circumstances and court schedules; however, temporary orders can often be granted within 24-48 hours after filing your petition with proper evidence supporting your claim.
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.
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.
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.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregon family 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 Oregon family 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?

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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Exploring the role of restraining orders during divorce proceedings in Oregon, this article provides guidance on when they are appropriate and their potential impact on your case.

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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 To Obtain A Child Restraining Order In Oregon

Learn how parents can secure a restraining order under the Oregon Family Abuse Prevention Act to protect their children from abuse.

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Explore recent amendments to Oregon's Family Abuse Prevention Act, focusing on restraining orders and evidentiary standards. Learn how these changes might affect your case.

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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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