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.
What lawyers handle restraining orders?
Recent Posts
Understanding Cash Medical Child Support in Oregon: A Comprehensive Guide
affordability of healthcare
child support
child support order
healthcare costs
Supporting Children When Their Parent Has Married an Alcoholic Stepparent
alcoholic stepparent
anxiety
blended families
challenges
Navigating the Divorce Process in Oregon: What You Need to Know
alimony payments
beaver state
child custody
child support payments
When Divorce and Personal Injury Settlements Collide: Navigating the Complexities
car accident injury attorney
divorce
future medical expenses
insurance companies
Paying and Receiving Child Support in Oregon: What You Need to Know
calculator
cash payments
check/money order payments
child support
Frequently Asked Questions (FAQ's)
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.
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.
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.
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.
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.
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.
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 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 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.
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.
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 Attorneys 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!
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.
Read More
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.
Read More
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.
Read More
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.
Read MoreWhat 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.
Read More
How Do Restraining Orders Work In Oregon?
The Oregon Family Abuse Prevention Act offers a unique solution for victims of domestic violence. This blog post outlines how the law can provide protection from abuse without the need for divorce or other legal proceedings. If you're a victim or know someone who is, this post is a must-read.
Read More
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.
Read MorePractice Areas
Learn more about the types of injuries our Attorneys help with.
Schedule A Consultation
We are happy to meet with you for a flat-fee, discounted consultation. Call today.
Call Now to Schedule A ConsultationSchedule Online Now
