when you need to file for a restraining order in oregon attorney

If you have been abused or stalked, there are four different kinds of restraining orders to consider filing in Oregon. If you file for a restraining order, you will be the petitioner and the other party will be the respondent.

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How can I respond to a restraining order?

To respond to immediate restraining order paperwork, attend the hearing. If the other party also asked for Temporary Family Law orders, follow these instructions after the immediate restraining order hearing. Talk to a lawyer, if you can

How do I obtain a restraining order?

Part 4 Part 4 of 4: Understanding Restraining Order Basics

1. Understand the protections. If you file a restraining order, a judge will decide how you will be protected.
2. Know the requirements. There are few requirements that must be fulfilled in order to be eligible for a restraining order.
3. Get the ex parte restraining order. ...
4. Investigate the orders in your state. ...

How long do you have to serve someone a restraining order?

Restraining orders typically need to be served five court days before the hearing date. Court days are not your normal calendar days. For a court day calculator click here. You can request to have this requirement waived when you file for the restraining order.

How to obtain a restraining order?

Restraining Orders

1. Go to court to file the petition. In family court, you can file your petition in the county where either you or the abuser lives, or where one ...
2. Fill out the forms. In family court, the petition that you file for an order of protection is called a “family offense petition.”
3. A judge will review your petition. ...
4. Service of process. ...
5. The hearing. ...

How Do I Fill Out the Papers to Get a Restraining Order?

Where Do I File for a Restraining Order and How Much Does It Cost?

Can the Restraining Order be Changed While it is in Effect?

Do I Need a Lawyer?

Can I File for a Restraining Order if I am Filing for Divorce or Legal Separation?

How to get permanent custody?

How old do you have to be to get a restraining order?

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What justifies a restraining order in Oregon?

This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.) You must be in ongoing danger of abuse very soon (“imminent danger”). The respondent must be a threat to the physical safety of you or your children.

Who can serve a restraining order in Oregon?

You will need to have one copy delivered (“served”) to the respondent by a sheriff's deputy. The court will send the Order to a sheriff for service. You can also have a private process server or any competent1 adult serve the Order, as long as the server lives in the state where the papers are served.

How long does a no contact order last in Oregon?

FAPA orders are available in every county in Oregon. Once issued, a FAPA order is effective for 12 months, unless the court terminates or extends the order. The court must hold a hearing, by telephone or in person, the day or the day after a victim files for a FAPA order.

What do you need for a restraining order?

What are the grounds for getting a restraining order? The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you)

How do I file harassment charges in Oregon?

To file a case, you have three options:Electronic Filing (eFiling) To save time, we suggest that you eFile your case. ... Get an Attorney. Because laws and legal procedures are complex, we recommend that you work with an attorney. ... File Your Own Paperwork. You can represent yourself in most cases.

What is the difference between a no contact order and a restraining order in Oregon?

Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.

How do I get a restraining order in Oregon?

To obtain a Restraining Order in Oregon under the Family Abuse Prevention Act (FAPA), you must file a form, called a “Petition” with the court in the county in which you or the alleged abuser lives. There is no cost to file the Petition.

What constitutes harassment in Oregon?

Criminal harassment in Oregon, simply put, is offensive physical or personal contact. It's similar to stalking in the way which the offender will not leave the victim alone but instead continues to cause them to feel miserable, threatened, or alarmed.

What is the difference between a no-contact order and a restraining order in Oregon?

Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.

Can you fight a restraining order in Oregon?

Contesting (Objecting To) the Restraining Order To ask for a hearing, you must fill out the form called “Request for Hearing” and mail or deliver it to the court before the end of 30 days from the date you were served with the Restraining Order. The court's address should be on the form.

Can a petitioner violate a restraining order in Oregon?

The violation of a restraining order, in Oregon, is not a crime, but it results in a contempt finding. Contempt is punishable by either six (6) months in jail or a $500 fine.

What is a statutory restraining order in Oregon?

If you have been a victim of physical abuse or threatened abuse, you may be able to get a restraining order under the Oregon Family Abuse Prevention Act. This law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation (although you can do so if you wish).

ORS 107.718 - Restraining order

ORS Title 11, Domestic relations; Chapter 107, Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention; Section 107.718, Restraining order; service of order; request for hearing. Refreshed: 2021-07-09

Family Abuse Prevention Act (FAPA) Restraining Orders

Quick Escape . NOTE: These forms do not contain legal advice. Oregon law bans us from offering legal advice to the public. To understand and protect your legal rights, you should consult your own attorney.

FILING FOR A RESTRAINING ORDER - Oregon Judicial Department

You must give the court a contact mailing address and phone number where the court and sheriff can reach you. Your contact address must be in the state where you live.

Restraining Orders: General rules | WomensLaw.org

Your restraining order can be enforced in Oregon as long as: It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you. 1 The court that issued the order had jurisdiction over the people and case.

ORS 163.773 - Enforcement of restraining order

(1) (a) When a restraining order is issued in accordance with ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) and the person to be restrained has actual notice of the restraining order, the clerk of the court or any other person serving the petition and the restraining order shall immediately deliver to a county sheriff copies of the ...

What happens if you get a restraining order in Oregon?

After you have been served with a FAPA Restraining Order, it and all its terms, are effective against and you could be arrested and charged with a crime if you violate its terms. You are entitled to a hearing in order to challenge the Restraining Order, or any of its terms, if you file an “Objection and request for Hearing” (Response) within 30 days of being served. There is no cost to file your Response.

How Can I Get a Restraining Order?

To obtain a Restraining Order in Oregon under the Family Abuse Prevention Act (FAPA), you must file a form, called a “Petition” with the court in the county in which you or the alleged abuser lives. There is no cost to file the Petition.

How do I get a Stalking Order in Oregon?

First, a person may file a request with local law enforcement asking that a law enforcement officer issue a citation. Second, a person may also file a Petition, much like in a FAPA Restraining Order, with a county court in which one of the parties lives. Under either method, what a person must allege and prove is the same. When a person seeks a Stalking Order via the filing of a Petition, they may also, in some circumstances, seek monetary damages. There is no cost to file a Petition for a Stalking Order unless monetary damages are sought.

What happens if an alleged abuser challenges a restraining order?

If the alleged abuser challenges the FAPA Restraining Order, the court sets a hearing in which you must prove all the elements necessary to obtain the restraining order. You must prove that you were a victim of abuse within the last 180 days, you are in imminent danger of further abuse, and the alleged abuser presents a credible threat to you or your children’s safety. If the court determines that you have proven these elements, the Restraining Order is continued; if not, the Restraining Order is dismissed.

What happens after you file a FAPA petition?

After you file the Petition, the Court will schedule a hearing in which you appear (the alleged abuser is not required to attend) and you answer questions from the judge about why you believe you need a FAPA Restraining Order. If the judge believes you have alleged enough, the court will issue the FAPA Restraining Order on a temporary basis and the alleged abuser is served with it.

What is a FAPA order in Oregon?

FAPA Restraining Orders in Oregon. A Restraining Order in Oregon is a court order issued under the Family Abuse Prevention Act (“FAPA”) that tells a person who is causing you “abuse,” called the “Respondent” to leave you and/or your children alone.

What happens at the initial appearance of a stalking order?

At the initial appearance, the Respondent informs the court whether they object to the Stalking Order and if so, the court sets a hearing. At the hearing, the court will hear the parties’ evidence, including the testimony of witnesses, and determine if the elements of a Stalking Order have been proven.

In Oregon You Have 30 Days to File an Objection to a Restraining Order

The first thing you need to know if a restraining order is filed against you in the state of Oregon is that you have 30 days from the date it is served on you to file an objection. If you let those 30 days pass without taking action, then you forever lose your chance to challenge the order, and it stays in place for at least 1 year.

Contact an Oregon Family Lawyer as Soon as Possible to Give Your Attorney Time to Prepare

If you are seeking an attorney’s help to challenge a restraining order, contact an Oregon family law attorney early rather than waiting until it gets close to your thirty day deadline. The earlier you begin preparing with your attorney, the more likely you will be to get the order dismissed.

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We would love to schdule a free consultation to discuss how we can help you with your family law needs. Our family law attorney will get back to you as soon as possible to discuss your needs. We have offices in Portland and serve Oregon and Washington. Thank you for your interest in our firm.

What is a restraining order?

Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, ...

What happens if a petitioner asks for a restraining order?

If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)

What happens if you violate a temporary restraining order?

If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...

What is a temporary restraining order?

A temporary restraining order in a domestic violence situation can restrict contact with the petitioner, as well as child visitation. A hearing for a permanent order usually follows soon. It's essential to obey the temporary order and obtain legal counsel

How long does it take to get a permanent order?

These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.

Can a restraining order be a permanent order?

As explained, restraining orders can happen quickly (temporary orders) and are usually followed soon by a full-blown hearing on a permanent order. Your ability to defend against a permanent order will depend on having a thorough understanding of the law in your state. Refuting accusations against you will require admissible evidence and relevant arguments. Having an experienced family law attorney on your side -- someone familiar with the law, the rules of evidence, and the sensitivities of the judge -- will greatly increase your chances of a favorable outcome.

Can you be charged with a crime for violating a restraining order?

Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order. If a permanent order is issued, you will be prohibited from possessing a firearm while the order is in effect, and the order will show up on background checks.

How Do I Fill Out the Papers to Get a Restraining Order?

There are two different methods of filling out restraining order forms to take to your local courthouse.

Where Do I File for a Restraining Order and How Much Does It Cost?

You must file for a restraining order in the courthouse in the county where either you or the respondent live. Getting a restraining order is free.

Can the Restraining Order be Changed While it is in Effect?

Any time after a restraining order has been entered, you or the respondent can file papers to ask the court to change or remove terms affecting custody and parenting time, respondent’s removal from the house, respondent’s restrictions from other places, or contact between you and the respondent. Forms to modify a restraining order are available at the courthouse or online.

Do I Need a Lawyer?

If you have questions about how the law works or what it means, you may need to talk to a lawyer. You are not required to have a lawyer to obtain the restraining order, but you can have a lawyer represent or help you if you wish. If you need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral Service at 503.684.3763 or 800.452.7636. If you believe you cannot afford a lawyer, ask the referral service if there is a legal aid program in your area that might be able to help you.

Can I File for a Restraining Order if I am Filing for Divorce or Legal Separation?

Often, a restraining order is obtained in the course of a divorce or legal separation, but you do not have to file for divorce if you only want a restraining order. However, if you want to combine a restraining order with a divorce or legal separation, you probably should see a lawyer for advice.

How to get permanent custody?

To get “permanent” custody and parenting time orders, you need to a file a family law case, such as a divorce or a custody case. Stay Away – the abuser has to stay away from your residence (current or future), place of employment, children’s school, daycare, and any other premises if necessary.

How old do you have to be to get a restraining order?

You can get a restraining order under the Family Abuse Prevention Act if your situation fits the following criteria: Age of Petitioner. You are at least 18 years old. If you are younger, then you may seek a restraining order (1) if you are or you were married to the abuser, and/or (2) you have been in a sexual relationship with the abuser, ...