Oregon Info

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 Articles

Custody & Visitation Child Support Divorce/General Domestic Abuse Domestic Partnership Grandparent Rights Mediation SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Oregon Divorce Support Oregon Divorce Online

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:

  • attempted to or intentionally, knowingly or recklessly caused you bodily injury, or
  • Intentionally, knowingly or recklessly placed you in fear of imminent bodily injury, or
  • caused you to engage in sexual relations by force of threat or force.

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.


Was this helpful? Like our site & let us know.

Related Articles


Start Oregon Divorce Start Your Oregon Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Oregon Divorce Find Oregon Divorce Professionals in Your Area:
Join the Network
Oregon Divorce Products, Services and Solutions Oregon Divorce Products, Services and Solutions
Oregon Divorce Resources to Help You Through the Process.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Oregon Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
In determining the amount of alimony, the Oregon court considers the duration of the marriage, the recipient's education, current skills and previous employment experience, the financial needs and resources available for each party, the tax consequences of paying or receiving alimony, and the financial responsibility for children. The court may consider other factors deemed relevant to make a ruling on support that it considers just and equitable.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for an Oregon Divorce

 

Settle Your Divorce Negotiate Your Oregon Divorce

 

Support Forum Oregon Support Forum


FEATURED TOOL - 3StepAgreementTM (an affordable solution for preparing your own Separation Agreement)


Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"