Frequently Asked Questions (FAQ's)

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 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.
Can a respondent fight against an Oregon restraining order?
Yes, if you are served with a temporary restraining order, you have the right to request a hearing before a judge within 30 days to contest its issuance. It is strongly recommended that you consult with an attorney experienced in family law and divorce matters for guidance.
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 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.
Can an Oregon restraining order be modified or terminated?
Yes, either party can request modifications or termination of a restraining order by filing appropriate paperwork with the court and attending another hearing before a judge who will consider whether circumstances have changed sufficiently to warrant changes.
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.
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 long does a stalking protective order last in Oregon?
In Oregon, a stalking protective order may be granted for an indefinite period. The duration of the order depends on the circumstances and the court's decision. It can be modified or terminated by the court upon request by either party, given a significant change in the situation.
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.
Is there a waiting period before our legal marital separation becomes effective?
Once you file your petition for an Oregon legal marital separation, there is no specific waiting period for it to become effective. The court will review the terms of your separation agreement and, if approved, will issue a judgment granting the legal separation.
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.

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How long do restraining orders last in Oregon? | Top Oregon Family Law and Divorce Lawyers

How Long Do Restraining Orders Last In Oregon?

An Oregon restraining order lasts for one year from the date the judge initially signs it.

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How Much Does It Cost To Get A Restraining Order?

In Oregon, restraining orders themselves cost nothing to file.

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How long does the final Oregon Stalking Protective Order (SPO) last? | Best-Rated Oregon Family Law and Divorce Lawyers

How Long Does The Final Oregon Stalking Protective Order (Spo) Last?

Once a hearing has occurred, and a judge has upheld an Oregon Stalking Protective Order, it has no natural end (it is permanent). However, the Respondent (the person prohibited from stalking) can file a request with the court to modify or terminate the stalking order later.

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Do restraining orders carry over from state to state? | Top 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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What does it mean that a restraining order is "civil"? | Top-Rated Oregon Family Law and Divorce Attorneys

What Does It Mean That A Restraining Order Is "Civil"?

A restraining order is not seeking jail time, and getting one does not create a crime. However, if a person violates the civil restraining order, they may be sent to jail for the violation.

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What is an Oregon Restraining Order? | Best Oregon Family Law and Divorce Attorneys

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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Is it necessary to hire a lawyer for my Oregon restraining order case? | Top-Rated Oregon Family Law and Divorce Attorneys

Is It Necessary To Hire A Lawyer For My Oregon Restraining Order Case?

When it comes to obtaining a restraining order, do you need a lawyer? While it's not required, representing yourself in a hearing may not be the best idea. A trained attorney can help you navigate the rules of procedure and evidence, ensuring that you present the correct information and avoid adverse rulings. Read on to learn more about why hiring an experienced Oregon restraining order lawyer is often in your best interest.

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