Relationships are complex, and emotions can make it difficult for people to behave rationally and respectfully at times. If your significant other or ex has threatened you or tried to physically harm you, you have the option to file for a restraining order against that individual. By putting a restraining order in place, you can breathe a bit easier knowing that there are more protections in place to keep you safe. Here’s a brief overview of the process for requesting and obtaining a restraining order in Oregon.
In order to successfully petition the court for a restraining order against someone, there are certain basic requirements that need to be met. You can take out a restraining order against a current or former spouse or domestic partner, a current or former intimate partner, someone related to you through marriage, blood, or adoption, or the parent of your child. At some point within the last 180 days, the respondent—the person against whom you are taking out a restraining order—must have either: physically injured you, attempted to injure you, made you fear imminent bodily harm, or coerced you into sexual relations against your will using force or threats of force. Finally, you must demonstrate that you are in ongoing danger of imminent harm or abuse and that the respondent is a clear threat to the safety of you or your children.
Customizing the Terms of the Restraining Order
Depending on your specific circumstances, you can make a number of requests to the court that you believe are essential in protecting your safety. For instance, you can request that the respondent be removed from your home and that this individual must stay away from your residence, your place of work, your child’s school, and other areas where you may feel threatened. You may also ask that the respondent be prevented from contacting you in any way, such as via phone, email, social media, or mail. If you have children, you can request that the court limit or supervise the respondent’s parenting time out of concern for the safety of your children. However, this is only a temporary measure, so you’ll need to take further legal action if you are seeking permanent custody.
If the court grants you the restraining order, it will be in effect for one year from the date the judge signs it. The respondent has the right to challenge the restraining order and request a hearing before a judge. The judge can vacate the order in its entirety, continue the order in its entirety, or continue it but modify the terms. As the year comes to a close and you still believe you are in danger, you can file paperwork asking the court to renew the order. If you have reason to believe that you or your children are in imminent physical danger, contact a trusted family law attorney right away to discuss your options for protecting yourself, your children, and your future.
At Lee Tyler Family Law, P.C., we are committed to serving our clients with the compassion and care they deserve. If you need help with a family law matter, call our Portland office at (503) 233-8868 today to schedule an appointment.