When Should I Seek a Domestic Violence Protection Order?

If you or someone you love is a victim of domestic violence, you probably have a lot of questions about your legal rights. By staying informed on domestic violence and family laws, you can better protect your family and your well-being. You may not realize it, but in most cases of domestic violence, seeking a protection order is extremely important.

Domestic violence occurs when one individual commits physical abuse or verbal threats against an individual with whom they have an intimate or familial relationship. This could include a roommate, spouse, child, or relative. If you are a victim in a situation like this, you need to act fast to protect your well-being and your safety.

When to Seek a Restraining / Protective Order

As a victim of domestic violence, you have every right to seek a restraining order – also known as a protective order – against your abuser. The Oregon Family Abuse Prevention Act was created specifically to allow individuals in these situations to get the legal protections and peace of mind they deserve.

You will need to meet the following requirements to obtain an order:

  • You must be at least 18 years or older
  • You must have a domestic relationship with your abuser
  • You must have been either physically abused or verbally threatened
  • You, or your children, must be in ongoing danger of continued abuse

The restraining order does not involve any fees and will be served by law enforcement to your abuser. The order will inform them to either move from your home, enforce temporary parenting restrictions, and/or give them limitations on how close they can get to your home, place of employment, children's school or daycare, or other areas you frequent. If they try to approach you or violate the order in any way, they can face additional penalties.

If you are seeking legal counsel regarding your domestic violence case, we invite you to speak with the Oregon family and divorce attorneys at McKinley Irvin.

Categories: Family Law