Restraining Orders

Oregon’s Family Abuse Protection Act (FAPA) provides a quick way for victims of abuse to obtain
court-ordered protection against an abusive party. To obtain a restraining order, a person must be able
to give evidence that they have been the victim of abuse within the past 180 days. Alternatively, you
must show that the the abuser intentionally or recklessly caused, or tried to cause, bodily harm or
placed you in fear of serious harm. Finally, the abuser must be (1) a spouse or former spouse; (2) an
adult person related by blood, marriage or adoption; (3) a persons who has lived in the same
household; or (4) somone with whom the abused person has been involved in a sexually intimate
relationship within two years of filing for the restraining order. If you go to court, you must also be able
to establish that the abuser is a credible threat to your safety and that you are reasonably in fear of
further, imminent abuse from the abuser, if you do not get your restraining order.

Restraining orders protect vulnerable individuals, particularly women from domestic violence,
harassment or assault. A restraining order in Oregon can be obtained by filing a petition to be presented
before a judge ex parte (without the other party being notified). Once a restraining order is served on
the alleged abuser, that person has a right to a hearing to contest the restraining order.

While it is a well-intended law provision, it is often misused. .Even though the petition is signed by the
victim under penalty of perjury and the respondent is entitled to a hearing, there are immediate
ramifications that the respondent has to put up with regardless of the final outcome. The respondent can
be forced to deal with work related probelms as most employers don’t want to deal with employees
who is facing such allegations. Also, it immediately affects a person’s right to carry a concealed firearm,
and finally, these orders often provide for a child’s temporary custody to the other parent.

While it is a well-intended law provision, it is often misused. .Even though the petition is signed by the
victim under penalty of perjury and the respondent is entitled to a hearing, there are immediate
ramifications that the respondent has to put up with regardless of the final outcome. The respondent can
be forced to deal with work related probelms as most employers don’t want to deal with employees
who is facing such allegations. Also, it immediately affects a person’s right to carry a concealed firearm,
and finally, these orders often provide for a child’s temporary custody to the other parent.

Please call me if you have been served with a restraining order, or if you are a victim and the alleged
abuser has requested a hearing. I am here to help you.