Portland Restraining Orders Attorneys
A restraining order is put in place to protect you from harm and/or future harm. Such an order can keep the respondent away from you, order him/her to move, and can even dictate where the respondent can and cannot go. A restraining order can order temporary child custody and parenting time as well.
What Are the Requirements for a Restraining Order?
The requirements to obtain a restraining order are as follows:
- You and the respondent must both be 18 years old
- The respondent must be your current or former spouse, registered domestic partner, someone related to you by blood, marriage, or adoption, or someone who has or had an intimate relationship with you
- The respondent must have physically injured you, attempted to physically injure you, or forced you to have sexual relations against your wishes
- You feel as if you and/or your children are in imminent danger
Types of Restraining Orders
In Oregon, there are four types of court-issued protective orders:
1. Family Abuse Protection Act (FAPA) Orders – Domestic Violence
FAPA orders are available to every county in Oregon. Once issued, this order is effective for 1 year, unless terminated or extended. The court will hold a hearing, either in telephone or in person, the day of or the day after the victim files for a FAPA order.
2. Sexual Abuse Protective Order (SAPO) – Sexual Violence
Effective January 1, 2014, Oregon began issuing and enforcing orders for protection to individuals who had been sexually assaulted by someone other than an intimate partner. SAPO provides this protection for victims of sexual violence.
3. Stalking Protective Order
Under Oregon law, stalking occurs when:
- An individual scares you by engaging in repeated and unwanted contact
- A person makes an immediate family (or household) member afraid by engaging in repeated and unwanted contact
To qualify as stalking, your situation must also meet the following requirements:
- A reasonable person in your situation would have been alarmed or coerced by the contact, and
- The repeated (at least twice) and unwanted contact causes you or a member of your immediate family (or household) to reasonably fear for their physical safety
4. Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) Restraining Order
To be eligible for a EPPDAPA you must be either 65 years or older and/or a person with a disability. A disability is defined as a physical or mental impairment that limits daily life activities or a brain injury that results in loss of function for a sufficient time to affect your ability to perform daily life activities. Additionally, in the last 180 days, the individual who committed the abuse must have done the following:
- Caused you physical injury or pain
- Neglected you, resulting in physical harm
- Abandoned, neglected, or deserted you
- Threatened you
- Made inappropriate sexual comments towards you
- Verbally abused you
- Forced you to engage in nonconsensual sexual content
- Wrongfully took money or property from you
You must also be in immediate and present danger of future abuse.
How To File a Restraining Order
The first step to filing a restraining order is to complete the appropriate paperwork. There is no fee to file a restraining order. You will then file your petition with the county clerk and await your hearing. At this hearing, the judge will determine whether to grant the restraining order. The respondent has up to 30 days from the filing date to request a hearing to object the restraining order.
Restraining Order Duration
A restraining order lasts for 1 year from the date the judge signs it unless it is canceled or dismissed. Orders can be renewed for 1 year at a time if the judge agrees that you and/or your children are still in imminent danger. To renew an order, you must file paperwork before the restraining order is set to end.
You can dismiss a restraining order at any time by filing the appropriate paperwork at the court. The order will remain in place until the judge dismisses it.
Modifying a Restraining Order
At any point after a restraining order has been entered, you can make modifications and file paperwork to ask the court to change or remove terms affecting custody and parenting time. If you ask for a modification that removes a term or makes it less restrictive, the judge may sign the order without requiring a hearing.
A motion to modify a restraining order is typically because the protection order is too broad or restrictive.