Oregon Divorce Start Your Divorce Find Professionals Oregon Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Oregon Products Divorce by County
Oregon Domestic Violence Restraining Orders
What is a domestic violence restraining order?
A domestic violence restraining order is a court order under Oregon's "Family Abuse Prevention Act" that protects an abused person from an abusing person. It is a necessary and needed tool to protect true victims of abuse. It is also frequently misused by persons wishing to gain an advantage in an upcoming custody dispute, as the court can award temporary custody, and a restraining order hurts the restrained parent's ability to get sole custody.
What can I do if I am being abused?
You may be able to get a restraining order, which is an order from the court that tells your attacker to stop the abuse and to leave you alone. Restraining orders can also include temporary custody and parenting time orders. If your abuser then violates that order, that person can be arrested
What will I have to prove to get a restraining order?
To qualify, you must be abused as defined in a section of the restraining order statue, ORS 107.705. The abuser must have:
The abuse must have happened in the last six months. The court must find you are in imminent danger of further abuse from the abuser.
Who can get a restraining order? Who can I get one against?
You can get a restraining order against someone you are or were married to; adult relatives; a lover you live with or used to live with (of the same or opposite sex); a person who was your lover (of the same or opposite sex) during the last 24 months; and the other parent of your minor child. If you are under 18, you can get a restraining order against a person who is over 18 if the person is someone you are or were married to, or if you have ever had a sexual relationship with the person.
What do I do if the Respondent violates my restraining order?
If it is an emergency you should call 911 on your telephone. If it is not an emergency contact your local law enforcement office for assistance. You should always carry a copy of the restraining order with you so that law enforcement will be able to see the order in the event of a violation.
How can I get a restraining order?
Restraining order forms and instructions are available at all courthouses. Domestic violence shelters and hotlines, and legal service offices also have information about getting restraining orders. There is no cost for filing a restraining order and normally you will see a judge the same day you fill out the paperwork. If you live far from the courthouse, there is a procedure available to have a restraining order issued for you via the telephone.
What happens if my partner gets a restraining order against me?
Some people file for divorce and obtain a restraining order at the same time as part of "divorce planning" to gain an advantage in a divorce or custody case. The consequences for the alleged abuser are enormous, including losing the right to hunt and possess firearms, restriction on your rights to seek custody, and the constant risk of arrest for a reported violation. An attorney may be able to assist you in having the restraining order dismissed in court, or through negotiation.
Contact a lawyer immediately. You have many rights, but must act quickly to preserve them.
Oregon Courts decide child custody when the parents cannot. The court considers the best interests of the child when making a ruling. Child support payments are based on an income shares model. Each parent is required to contribute financially to their child's upbringing and each person's share is calculated in proportion to their income. Each parent must provide copies of his or her W-2s to verify income. Along with the income statements, the court considers each parent's ability to borrow funds, earning capacity, and the child's needs. The court may order the parent paying child support to buy a life insurance policy and keep it in force so that the child will still be supported if the parent dies before he or she reaches the age of majority.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Women's Rights Manual For Divorce
Cover Price: $
Your Price: $29.95
You Save: $26.00
"The Absolute Best Investment in Your Divorce"
|Men's Rights Manual For Divorce
Cover Price: $
Your Price: $29.95
You Save: $26.00
"Uncover Your Options and Unleash Solutions"
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|