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.
For assistance with filing a restraining order in Oregon, contact our Portland restraining order lawyer online or call Levine Law Center LLC at (503) 208-3459 today.
The requirements to obtain a restraining order are as follows:
In Oregon, there are four types of court-issued protective orders:
Anthony Stuart joined the Levine Law Center team in 2019 and is admitted to practice law in Oregon and Florida (presently inactive). He started his legal career in Florida and first started practicing family law alongside a complex business and family immigration law practice. After moving to Oregon in 2015, Anthony established a new law practice dedicated to working with small to medium-sized enterprises on regulatory matters, governmental affairs, mergers and acquisitions, and corporate governance.
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.
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.
Under Oregon law, stalking occurs when:
To qualify as stalking, your situation must also meet the following requirements:
At Levine Law Center LLC, we believe that every client deserves personalized attention and exceptional legal representation. With a team-oriented approach, extensive experience, and flexible payment options, we are committed to addressing your unique legal needs. Whether it’s protecting your business, family, or future, we’re here to deliver results that matter to you and your loved ones.
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:
You must also be in immediate and present danger of future abuse.
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.
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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.
If you receive a restraining order, it will likely appear on your record if it goes from being a temporary order to a permanent one during the court hearing. If the petition for a permanent restraining order is denied, then it is possible that the order will be expunged from your record.
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.
Reach out to our firm online or give us a call at (503) 208-3459 to discuss your options regarding filing a restraining order. We are a multilingual law firm.
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