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Domestic Violence and Restraining Orders
Domestic violence is abuse between family or household members, or between partners in a dating or intimate relationship. If a person has been the victim of domestic violence, Oregon law provides immediate remedies to ensure safety through a restraining order. To obtain a restraining order, the act of violence must place the person in fear of imminent physical harm. A petition for a restraining order must be filed within 180 days of the act of domestic violence. Restraining orders protect the victim of abuse from being contacted by the abuser in any way while the restraining order is in effect. This includes preventing physical contact as well as written or verbal communication. Under certain circumstances, restraining orders can also provide the victim with immediate financial assistance. If the abuser violates the terms of the restraining order, he or she may be arrested by law enforcement and criminally charged. |
Domestic Violence Hearings
At the initial hearing, if the court determines the person is in imminent danger based on his or her petition, a temporary restraining order may be issued until a final restraining order can be ordered pursuant to the Family Abuse Prevention Act (FAPA). Temporary restraining orders provide immediate protection, and must be served on the abuser by a third party or law enforcement officer. Once served, the alleged abuser has 30 days to request a hearing to contest the restraining order. If no hearing is requested within the 30-day time frame, the temporary restraining order will remain in effect pursuant to FAPA.
If the alleged abuser requests a contested hearing, both parties will testify and present evidence about the alleged incidents that gave rise to the temporary restraining order. If the party who petitioned for the restraining order prevails at the hearing and the restraining order is granted, the restraining order is valid for a period of one year. Restraining orders can be renewed the following year by filing a request to renew the restraining order based on the continued threat of harm. If a renewal is granted, the alleged abuser must be served and has 30 days to contest the renewal and request a hearing.
If the alleged abuser requests a contested hearing, both parties will testify and present evidence about the alleged incidents that gave rise to the temporary restraining order. If the party who petitioned for the restraining order prevails at the hearing and the restraining order is granted, the restraining order is valid for a period of one year. Restraining orders can be renewed the following year by filing a request to renew the restraining order based on the continued threat of harm. If a renewal is granted, the alleged abuser must be served and has 30 days to contest the renewal and request a hearing.
Oregon's Premier Domestic Violence Lawyers
If you are involved in a dangerous relationship or have been served with a restraining order due to misrepresented facts, we encourage you to contact our law office immediately to speak with one of our domestic violence attorneys. Our lawyers provide aggressive advocacy when representing clients in domestic violence matters and employ a variety of investigative methods to ensure the best possible outcome at the contested hearing. We understand the significant impact a restraining order can have on you and your family and we are here to help ensure your family’s safety and well being throughout this legal process.