What qualifies as domestic abuse in Oregon?

What qualifies as domestic abuse in Oregon? | Best-Rated Oregon Lawyers
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" Domestic abuse" is defined by Oregon law. Generally, the law states that it is abuse when a family or household member:

  1. Attempts to hurt you physically;
  2. Actually hurts you physically (intentionally, recklessly or knowingly);
  3. Intimidates or makes you afraid of serious physical injury (intentionally, recklessly or knowingly); OR
  4. Makes you have sex against your will by force, or threat of force.

Family or household member” means any of the following:

  1. An adult related by blood, marriage or adoption;
  2. Someone you are living with or have lived with in the past;
  3. Someone you have been in a sexually intimate relationship with, within two years immediately preceding the filing of a restraining order petition under; OR
  4. Someone with whom you have a child.

See: O.R.S. § 107.705 (1) , O.R.S. § 107.705 (4)

Categories: Abuse Adoption Child Custody Child Relocation Child Support Coercive Divorce Domestic Abuse Family Law Fear for Physical Safety Grandparent Rights Legal Marital Separation Oregon Family Law Parenting Plans Paternity Property or Investments. Restraining Orders Spousal Support (alimony) Stalking Orders
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Frequently Asked Questions (FAQ's)

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.
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 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 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 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 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.
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.
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.
Can I get an Oregon Stalking Order against someone who lives in another state?
Yes, you can obtain an Oregon Stalking Order against someone who lives in another state if they are engaging in stalking behavior towards you while you reside in Oregon. In such cases, it's crucial to work with your attorney and local law enforcement agencies to enforce the order across state lines.
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.
How is child custody determined in Oregon?
Child custody decisions are based on the statutory requirements listed at ORS 107.137. These requirements include the best interests of the child, considering factors like emotional bonds with parents and siblings, abuse by one parent, stability of home environment, and each parent's ability to meet the child's needs.

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We work hard to stay up to date on the law and developments in Oregon family 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 Oregon family 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!

How to Obtain a Child Restraining Order in Oregon | Best-Rated Oregon Family Law and Divorce Lawyers

How To Obtain A Child Restraining Order In Oregon

Learn how parents can secure a restraining order under the Oregon Family Abuse Prevention Act to protect their children from abuse.

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