Questions About Restraining Orders In Oregon? DBMA Family Can Help.
Experiencing an abusive situation? Be aware of your online activity being monitored.
Before we get into the details of the different types of protective orders that are available in Oregon, we want to remind readers that people in abusive situations often have their online activities monitored by their abuser.
The state of Oregon encourages people to visit Computer Hope to learn more about how they can more thoroughly delete their online activity and clear their browser history after researching sensitive information that may endanger their well being.
If you are someone who is in immediate danger and in need of assistance, we recommend that you call 911 or contact Multnomah County’s 24-hour crisis support by calling 503.235.5333 or 1.888.235.5333.
Now let’s cover questions you may have about restraining orders in Oregon.
Are there different types of restraining orders in Oregon?
Yes, there are. Under Oregon’s Family Abuse Prevention Act (FAPA), there are two distinct types of restraining orders, those that are called temporary restraining orders, and those that are called final restraining orders.
Restraining orders in Oregon are categorized as a type of protective order, and are available for those who are in need of court-ordered protection of their physical safety.
Other protective orders that fall under FAPA include those related to stalking, elder abuse and disabled protections, sexual abuse, domestic violence, and the surrending of firearms.
For the purposes of this blog, we’ll be focusing primarily on temporary and final restraining orders.
How do I know if my situation makes me eligible for a restraining order?
FAPA defines domestic abuse as when a family member or someone in your household either attempts to or actually hurts you physically, intimidates you into fearing that you’ll be seriously injured, or forces you (either physically or by threat) to have sex against your will.
If you’re experiencing any of these, then you are eligible to file for a restraining order as defined under FAPA.
The facts you are able to prove to the court will determine whether or not the restraining order will be granted.
What does a FAPA restraining order actually include?
The domestic violence restraining orders’ powers are quite broad, and include orders to:
Stop all abuse, threats, and other forms of interference in your and your children’s lives
Vacate your home, including police-chaperoned removal of personal effects
Cease all contact, including in-person, phone, text, email, and physical mail
Stay away from all specified places, including your home, place of work, and your children’s school
Award you temporary custody of your children (the accused can be granted temporary custody, with certain guardrails in place designed to protect the children)
Other protections can include those related to visitation rights, depending on custody, emergency financial assistance, and safety requirements for pets and service or therapy animals.
What does the restraining order process look like?
Temporary restraining orders
Temporary restraining orders are often issued by a judge in order to give you protection against your abuser as quickly as possible.
Sometimes, these are issued immediately after you’ve filed your paperwork. Your respondent does not have to be present in order for the judge to issue this type of order. They go into effect when the court grants the order.
The respondent must be served with the order for it to be enforced
In order to enforce the restraining order, the respondent must be served. Generally, this is done by the sheriff or other law enforcement agent, but process servers are also qualified to fulfill this task.
The person who has been served will have 30 days to respond to the order and ask for a hearing, though if there is a dispute regarding factors like temporary custody, the hearing must be held within five days of their request.
This hearing is where the judge presiding over your case will determine whether or not to continue the temporary restraining order.
Should the respondent not request a hearing, then the order stays in effect, becoming a final restraining order, meaning that it is valid for one-year, unless it is withdrawn, modified, or replaced by an order pertaining to a divorce, separation, or annulment.
Can restraining orders last longer than one year?
Extensions can be granted for restraining orders, depending on certain circumstances that must be proven to the court through a renewal process.
Family Abuse Prevention Act restraining orders are free, and the paperwork for applying for one can either be done via the state’s online form system, though standard physical forms can be found at your local county courthouse as well.
Exceptional circumstances hearings
In other instances, the judge may order what is called a special hearing, called an exceptional circumstances hearing, typically held within 14 days or sooner so that the judge can make decisions regarding child custody and other issues like parenting time.
Typically, your respondent is present for this hearing, and has the option to request an earlier hearing. The judge will make a decision after you’ve both presented your cases.
Do I need an attorney to get a restraining order?
Given the sensitive nature of this need, we highly recommend having legal counsel assist you in petitioning for your restraining order.
For those who are in need of more information or assistance regarding the Family Abuse Prevention Act, restraining orders, and other protective orders in Multnomah County, please contact our office for confidential assistance.