Portland Domestic Violence Attorney
Domestic Violence and Restraining Orders
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.
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 online or call (503) 395-0244 to get started.