FAPA Restraining Orders In Oregon
When it comes to restraining orders, most people are overwhelmed and don’t know where to begin. They feel that one wrong decision can cost them everything. We know exactly how important restraining orders can be. We also know how dangerous they can be if they are obtained for the wrong reasons.
Applying For An Oregon FAPA Restraining Order
In order to apply for a restraining order, these are some of the requirements that you must prove:
- The person who you want to file against needs to have abused you, or attempted to have abused you, within the last six months. Abuse generally means something physical.
- The person cannot be a stranger. Most people who obtain restraining orders obtain them against family members, spouses, or romantic interests.
- You must be in imminent danger of being abused again by this person in the future.
- This person must be a credible threat to your safety.
Obtaining a restraining order requires that you fill out a full restraining order petition. You are given the opportunity to detail what has happened to you. You will need to appear in court to request the order after you have filled out the petition. Our office has experience making sure you fill out the petition correctly, appear in the right court, and are granted a restraining order that is strong enough to stay in place, even if the other party requests a hearing. That’s how you stay safe.
Defending Against An Oregon FAPA Restraining Order
If you have had a restraining order filed against you, there are three things you need to know right now:
- You have been served with a temporary restraining order. You have 30 days to request a hearing to show why it should be dismissed. If you don’t do this, the restraining order goes into effect for at least one year.
- A restraining order can make it very difficult to see your children, find a job, obtain a firearm, travel, and can severely impact your life in many other negative ways.
- If there is an allegation that you have violated the restraining order, and the police believe you have, it is a mandatory arrest. You can be charged with contempt of court and face up to six months in jail.
- Do not, under any circumstance, contact the other party outside of what is allowed in the order — even if they try to contact you. The order does not prohibit them from contacting you. Do not answer the phone.
If any of these points are concerning to you, you are in the right frame of mind, because they should be concerning. It is not uncommon for people to obtain restraining orders against someone as leverage in a divorce or custody dispute. Sometimes people are dishonest and fabricate stories to obtain them. Our office has many years of experience protecting people against these exact circumstances.
Oregon Restraining Order Hearing
The restraining order hearing takes place after a request for a hearing has been filed. This is the most important part of the restraining order process. If you need a restraining order, you have the burden of proving you need it. If you are fighting one, you still need to do the best job possible presenting evidence to show that it should be dismissed. You get one chance. This is why calling our office to discuss your specific situation is so important. We have to make decisions as soon as possible to make sure you are protected.