Restraining Orders: Applying vs. Defending
Applying For A 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 A 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.
Restraining Order Hearings
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.
Oregon Restraining Orders: How We Help
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. At Sherwood Family Law, 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. Our clients don’t have to worry about taking any wrong steps, because we help them take all the right ones.
Our office has created a three-step consultation process for restraining order cases that truly helps you plan your next steps. Call our office to schedule your consultation.
1. Schedule A Meeting
We will meet with you at our office and show you how to move forward. If you need to apply for a restraining order, we will gather the facts we need to prepare. If you need to fight against a restraining order, we will being outlining a rock-solid defense.
2. Create The Plan
We will craft a plan that will give you direction on how to obtain or defend against a restraining order. We will help you find long-term security for your future by showing you exactly what you need to do.
3. Get Peace of Mind
We will carry out the plan, steer you around danger, and guide you step-by-step through your restraining order process to the best result possible.
Our Restraining Order Team
Attorney Ryan Hamilton
I started my career with the Multnomah County District Attorney prosecuting restraining order violations. I deeply understand the restraining order process. I now help people by guiding them through applying for restraining orders, or I help them defend against wrongly filed restraining orders. Helping people find the best plan for their unique situation is always my first focus. Seeing the results of this planning process, where people have confidence and peace of mind about their decisions, is very rewarding.
Attorney Dan Strausbaugh
I have a passion for helping people through difficult situations. Restraining orders can feel overwhelming and confusing for people going through the process, which is why I do everything possible to help people find the solutions they need and give them peace of mind. I have a wealth of experience helping people through restraining order applications and trials. I know exactly how to move forward through the process and how to help clients when they need it the most.
What Our Clients Say About Us
“They took the time to understand my case, help me know what to expect in the hearing process, and made me feel very comfortable with the actual hearing”
“Throughout the entire process, they were very thorough, compassionate, and always had my best interest in mind”
“I have never sought legal advice until recently. I honestly was unsure and afraid of the whole process with this being my very first time seeking a lawyer. I sought 6 different law offices and found them to be the most genuine and most trustworthy”
SCHEDULE A CONSULTATION
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“I’ve had the good pleasure to work with Ryan as a colleague and refer my clients in need of family law services to him for over 5 years. I continue to be impressed with his ability to assist clients with a thorough knowledge of the law and achieve great results for them.”
– David Blair
Sherwood Family Law helps people throughout the Portland metropolitan area, including Washington County, Clackamas County, Multnomah County, Yamhill County, Portland, Beaverton, Newberg, Tigard, Tualatin, Aloha, Hillsboro, Tualatin, Lake Oswego, and Sherwood.
Sherwood Family Law · 16103 SW 1st St. · Sherwood, OR 97140
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