Portland Domestic Violence Attorney
Protection from Domestic Abuse
According to 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.
Oregon Restraining Order Requirements
It is free to file for a restraining order in Oregon. Below are the requirements to get a restraining order in Oregon:
- Age – You and the respondent must be 18 years old
- Relationship – You must have a domestic relationship with your abuser
- Abuse – In the past 180 days (not including jail time or any time where the respondent lived 100+ miles away), you must have been either physically abused or verbally threatened with physical abuse
- Ongoing Danger – You must be in ongoing or imminent danger of abuse and the respondent must be a threat to the safety of you and/or your children
How to Get a Restraining Order in Oregon
Go to the Circuit Court courthouse in your county or in the county in which the respondent lives. Go to the clerk and explain you want to file for a restraining order. You will then need to fill out the following forms in blue or black ink:
- Petition for Restraining Order to Prevent Abuse
- Confidential Information Form (CIF)
- Notice of Filing of Confidential Information Form (CIF)
- Restraining Order to Prevent Abuse
Once you've filed your petition, the clerk will give you information about when and where your hearing will take place. At a restraining order hearing, a judge will review your forms and ask you some questions, then grant your restraining order. Then, a copy will be sent to the sheriff's office so that a deputy can serve it to the respondent.
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 Domestic Violence Attorney in Portland
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 online or call (503) 395-0244 to get started.