Portland Domestic Violence Attorney
Domestic Violence and Restraining Orders
Oregon Revised Statutes § 107.705, "domestic violence" is abuse between family or household members,
or between partners in a dating relationship. When a person suffers from
domestic violence, he or she has every right to file a petition for a
restraining order. This must be done within 180 days of the act of violence
and the individual must be in fear of imminent abuse. If the victim is
found to be in imminent danger, a temporary restraining order may be issued
in lieu of a Family Abuse Prevention Act (FAPA) restraining order.
Temporary & FAPA Restraining Orders
Temporary restraining orders are intended to provide immediate protection
and must be served to the alleged abuser right away, either by the person
who obtained it or by a law enforcement officer. If a FAPA restraining
order is granted and served, the alleged abuser has 30 days to request
a hearing. At these hearings, testimonies and evidence will be presented
before a judge who will decide whether or not a restraining order is required.
If the respondent does not request a hearing, the restraining order will
stay in effect. If continued, FAPA restraining orders are valid for one
year after they go into effect. Restraining orders prevent the alleged
abuser from living with the victim, coming near them, or contacting them
in any way as long as the restraining order is in effect.
Consult a Portland, Oregon Family Law Attorney
McKinley Irvin is a premier family law firm in Portland. We are thoroughly
familiar with Oregon's family law statutes and with your rights under
those statutes. Our lawyers are among the best in the state and can advise
and assist with domestic violence restraining orders. Whether you are
the victim of domestic abuse or have had a restraining order filed against
you, we can help. Please
contact us to get started.