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 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.
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 behavior qualify as stalking under Oregon law?
Stalking in Oregon involves repeated and unwanted contact that causes the victim or a family member to feel alarmed or coerced, and could reasonably be considered a threat. This may include following, watching, or contacting the victim, their family, or their household members, either directly or indirectly. Under Oregon law, the "alarm" must be objectively reasonable.
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 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 are the grounds for modifying child custody in Oregon?
In Oregon, courts may modify child custody if there is a significant change in circumstances that affects the best interests of the child. This can include changes in parents' living situations, mental health issues, substance abuse problems, or changes in the child's needs.
What is Oregon mediation in the context of family law?
Oregon mediation is a cooperative, problem-solving process in which a neutral third-party mediator helps divorcing or separating couples reach mutually satisfying agreements on issues such as child custody, parenting time, spousal support, and property division. Mediation allows parties to maintain control over their own decisions and outcomes rather than having them imposed by the court.
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 are my rights as an alleged father in Oregon?
As an alleged father in Oregon, you have rights such as due process during legal proceedings on establishing your paternity status; seeking DNA tests before admitting responsibility; disputing any claims made against you; and petitioning for custody or visitation rights once your status is confirmed.
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.

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 does it mean that a restraining order is "civil"? | Top Oregon Family Law and Divorce Lawyers

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 Oregon Family Law?

“Oregon Family law” is an umbrella term that refers to the practice of law that involves common domestic and family issues. While it is often associated with Oregon divorce, "family law" covers far more.

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What Lawyers Handle Restraining Orders?

Family law cases commonly have allegations or components of domestic violence, which is why family law lawyers routinely handle restraining order matters. Additionally, criminal defense attorneys also commonly help clients with restraining order cases, as domestic violence may have associated criminal charges associated.

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Oregon Child Custody: Sole Vs. Joint - What's The Difference?

Child custody is one of the most contentiously and contested issues in Oregon family law cases. Misconceptions about what "custody" actually means tend to meld with advice from well-meaning friends and family and with conflicting information from web sources that might not even reflect Oregon law. What's the difference between "sole custody" and "joint custody" in Oregon?

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What qualifies as domestic abuse in Oregon? | Top Oregon Family Law and Divorce Attorneys

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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Navigating the Divorce Process in Oregon: What You Need to Know | Top-Rated Oregon Family Law and Divorce Lawyers

Navigating The Divorce Process In Oregon: What You Need To Know

The process of getting a divorce in Oregon can be legally complicated and emotionally challenging. To ensure a smooth process, it is important to understand the state’s residency requirements, options for an uncontested or contested divorce, and specifics about dividing marital assets.

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Is it necessary to hire a lawyer for my stalking order case? | Top Oregon Family Law and Divorce Lawyers

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

Oregon stalking orders have significant consequences, so having an experienced Oregon stalking order lawyer help you is almost certainly in your best interest.

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Practice Areas

Learn more about the types of injuries our Lawyers help with.

Divorce

From dividing assets and debts, to support and child custody, we have you covered.

Oregon Family Law

Family law is more than divorce. It is an umbrella of practice areas.

Spousal Support (Alimony)

A lot goes into figuring out spousal support. We've done it all before.

Child Relocation

Moving a child away from a parent is always difficult. Let us help with the law.

Child Custody

Custody is one of the most contested and least-understood parts of family law.

Child Custody Modification

Sometimes a change in circumstances warrants a change in custody.

Child Support

Oregon takes child support seriously, and we can help you navigate the process.

Uncontested Divorce

Sometimes there's no dispute, you just need somebody to draft the right documents.

Child Support Modification

Learn about when Oregon child support can be modified.

Unbundled Services

When there's only select things you need legal help with, we offer "unbundled" services.

Grandparent Rights

Grandparents and other third parties can develop rights to see children under Oregon law. Let's discuss your circumstances.

High Asset Divorce

More assets generally means more complicated divorces. We have the experience to assist with all levels of estate.

Legal Marital Separation

Sometimes divorce is not the right choice under certain circumstances. A legal separation might be.

Mediation

Mediation can be a great way to resolve disputes without a trial or courts.

Paternity

Becoming legally responsible as a father requires establishing paternity. We can help.

Prenuptial Agreements

Like estate planning, financial clairity prior to marriage builds trust. Let us assist with your plan.

Spousal Support Modification

Times change, jobs change, circumstances change. Spousal support can too.

Restraining Orders

Restraining orders provide a fast means to get help for domestic violence in families.

Stalking Orders

Oregon stalking orders are serious business. If you need help with Oregon stalking law, we have experience.

Divorce Settlement Agreements

Sometimes the best outcome is the one you design yourself. We can help your create a binding agreement.

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