Restraining Orders | Gresham, Oregon
If you have been served with Restraining Order you need to call an attorney familiar with Oregon statutes as you have limited time to defend yourself.
What is a Restraining Order?
A Restraining order is a protective order that may be available in domestic violence situations. This is available to couples there has been a family or domestic (marriage or living together) relationship and one party alleges the other has been violent.
A Restraining Order (RO) is obtained ex-parte (where there is only one party before the judge). Once a judge has found that domestic relationship existed the parties, the person seeking the RO has experienced violence, and is in fear of future harm, the judge will issue a restraining order removing the other party from the home of the parties. After the alleged abuser is served (formerly notified) of the RO, he/she has the option to request a hearing. The RO is effective immediately and is in force unless dismissed by a Judge. Requesting a hearing within 30 days is the only chance you may have to oppose the RO as if you do not request a hearing the RO is automatically effective for one year. If the order affects your right to see your children that provision of the order can be challenged at any time the order is in effect. You have a right to have an attorney for this hearing.
What Are the Consequences of a Restraining Order?
If you have a firearms license and temporary order issues, you will be ordered to turn your firearms into the police. If an RO is issued against you, you must appear in court and fight it. A restraining order is a civil order with criminal penalties which is effective the moment you are served. A violation of an RO may result in a fine as well as possible incarceration.
Once a restraining order has been issued, it is important that the person listed as the abuser understands and complies with all of the order’s terms. For example, the order will state that the person cannot make contact with the petitioner. It is important that the abuse avoid or not make any contact with the petitioner what so ever. If the abuser makes any contact (even phone or in writing), he/she can be charged with violating the restraining order, which may result in immediate legal action. Additionally, violating a restraining order can greatly damage any other legal proceedings the person may be involved in, such as a divorce or child custody proceeding.
If you have a restraining order issued to you and you wish to have the RO dismissed, it is important that you consult with an experienced attorney. An experienced lawyer can review the terms of your restraining order and advice you of its terms. Additionally, an attorney who is familiar with RO’s can inform you of your individual rights and provide you with the legal direction you need.
Contact Our Firm
If you have concerns regarding restraining orders or stalking orders, we encourage you to contact Gresham Family & Bankruptcy Law. We can be reached at 503-492-4229 or by completing the online contact form on this website. Our attorneys can meet outside of our standard 9 to 5 office hours based on the individual needs of our clients.
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