Understanding Restraining Orders in Oregon Divorce Cases

Navigating the complexities of divorce can be daunting, particularly when concerns about safety arise. In Oregon, one legal tool available to individuals facing threats is a restraining order under the Family Abuse Prevention Act (FAPA) . This article explores the implications of seeking a FAPA restraining order during divorce proceedings and offers guidance on its appropriate use.

The Purpose of FAPA Restraining Orders

A FAPA restraining order is designed to protect individuals from abuse by family or household members. In the context of divorce, it serves as a safeguard for those who genuinely fear imminent harm. It is crucial to understand that these orders are not intended as strategic tools in divorce litigation but as protective measures for those at risk.

When Is a FAPA Restraining Order Appropriate?

The decision to pursue a restraining order should be based on an honest belief that you or your children are at risk of immediate danger. Under ORS 107. 718 , a petitioner must demonstrate that abuse has occurred within 180 days prior to filing and that there is an ongoing threat of physical harm. Abuse includes physical injury, attempted injury, or placing someone in fear of imminent bodily harm.

Potential Consequences of Misusing Restraining Orders

Applying for a FAPA restraining order without genuine cause can have serious repercussions. Courts scrutinize such requests closely; if deemed unnecessary or retaliatory, it could negatively affect your credibility during divorce proceedings. Moreover, inappropriate use may lead to legal consequences and damage future custody arrangements.

Consulting with an Attorney

If you find yourself uncertain about whether a restraining order is warranted, consulting with an experienced Oregon family law attorney can provide clarity. An attorney will evaluate your situation's specifics and advise you on the best course of action.

Conclusion: Protecting Yourself Legally and Safely

While protecting oneself from harm is paramount, it's essential to approach the process with integrity and legal insight. For those considering this step amidst divorce proceedings in Oregon, we recommend reaching out to our team at Pacific Family Law Firm for personalized advice tailored to your circumstances.

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 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.

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.

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 I was previously married to?

Yes, you can obtain an Oregon Stalking Order against someone you were previously married to if they are engaging in stalking behavior towards you. This may include harassment, following you without consent, or making unwanted contact after divorce proceedings have concluded.

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.

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 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.

Do I need an attorney for my Oregon divorce?

While it is not required to have an attorney during your divorce process in Oregon, having legal representation can be beneficial as they will ensure your best interests are protected and guide you through complex legal processes involved in matters like property division, child custody arrangements, and spousal support.

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.

Is mediation mandatory for divorcing couples in Oregon?

Yes, in most cases. Oregon courts require that parties attempt to resolve their disputes through mediation before proceeding with litigation in contested divorce cases involving child custody or parenting time issues. However, if there are issues of domestic violence or other safety concerns, the requirement may be waived.

Understanding Restraining Orders in Oregon Divorce Cases