What does it mean that a restraining order is "civil"?

What does it mean that a restraining order is "civil"? | Top Oregonfamily law and divorce Lawyers
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There are two primary areas of law: civil and criminal. Criminal matters are generally handled by the state or a municipality and deal with prosecuting crimes, resulting in punishment, including jail. 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. Restraining orders in Oregon take place under the "civil law" system. Even though a person can go to jail for violating a restraining order, it is contempt of court to violate a court order, not a crime.

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Frequently Asked Questions (FAQ's)

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 happens if someone violates an Oregon Stalking Order?
If someone violates an Oregon Stalking Order, they may face criminal charges such as contempt of court and could be arrested for violating the order's terms. Penalties can include fines and jail time depending on the severity of their actions.
What happens if the respondent violates a stalking protective order?
If the respondent violates a stalking protective order, they can face criminal charges, including contempt of court, which may result in fines, probation, or even jail time. The victim should report any violations to law enforcement immediately to ensure their safety and proper enforcement of the order.
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 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.
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.
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 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.
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.
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.
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.
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.

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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!

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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 Lawyers Handle Restraining Orders?

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What is an Oregon Restraining Order? | Top-Rated 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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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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Do restraining orders carry over from state to state? | Best-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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How Much Does It Cost To Get A Restraining Order?

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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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