Restraining Order Attorneys in Portland, Oregon
At Mark C. Cogan, P.C., our Restraining Order Attorneys in Oregon understand that many of our clients are blindsided when they are the recipient of a Restraining Order because they can be issued based solely on one person’s allegations of violence or a threat of violence, without the other party being notified in advance.
Unlike a criminal charge, which must be supported by Proof Beyond a Reasonable Doubt, getting a Restraining Order only requires a Preponderance of Evidence, which is a much lower standard.
What’s more, there is no right to a jury trial nor right to court-appointed counsel when a person seeks or contests a Restraining Order, which leaves many in a severe legal predicament that comes with significant consequences after they are served with the order.
Our Oregon criminal defense law firm is available to defend clients facing Restraining Order situations, including allegations of violating Restraining Orders, so they are not left to defend themselves in an already biased legal scenario before telling their side of the story.
What is a Restraining Order?
A Restraining Order, also called a Protective Order, is a court order designed to protect the physical safety of one person from another.
The petitioner is the person who believes he or she is in imminent danger from another person, who is called the respondent.
What Does an Oregon Restraining Order Do?
An Oregon Restraining Order carries immense power and may include specific requirements that take away many of our clients’ rights without previously notifying them of those legal requirements going forward, which can make for a difficult transition to compliance.
Restraining orders are unique to each person who petitions the court for their protection, and can include the following mandates:
- Ouster Orders
An individual may file a restraining order to include instructions for the alleged abuser to move from the residence they share when the couple is married, jointly own or rent their residence, or if the title or lease is held solely in the petitioner’s name.
If the couple is married, the petitioner does not have to be on the lease or deed to request the removal of the other person.
- Stay Away Orders
Stay Away Orders require the recipient to stay away from the petitioner’s current or future residence, place of employment, children’s school, daycare, and any other premises outlined therein.
- No Contact Orders
The court may order the alleged abuser not to contact the petitioner in person, by telephone, text, social media, or by mail, unless there is an exception required for parenting time.
- Custody and Parenting Time Orders
Restraining Orders can sometimes result in a person being deprived of contact with their child or require the recipient’s parenting time be supervised, at their expense.
While the order may only address custody or parenting plans temporarily, the consequences of losing contact with their children can negatively affect the physical and emotional health of everyone involved.
- Emergency Monetary Relief Orders
When a Restraining Order is filed, the petitioner may ask for emergency monetary relief that must be connected to their or the child’s safety and may include the cost of changing the locks, rent, or the purchase of airplane tickets or vehicles.
- Other Relief Orders
Since each Restraining Order is unique, the petitioner may request the court to order that the alleged abuser not possess or purchase firearms or ammunition.
The Unwritten Consequences of Restraining Orders in Oregon
Restraining orders do not qualify for expungement and can become a permanent blemish on a person’s reputation and record, appearing on background checks, causing damage to the person’s employability and eligibility to rent a home or apartment.
What’s more, a violation of the Restraining Order can result in arrest and jail time, which when prosecuted also does not qualify for expungement, adversely impacting that person for the rest of his or her life.
What are the Requirements for Getting a Restraining Order in Oregon?
Several factors must be true for someone to petition the Oregon courts for a Family Abuse Prevention Act (FAPA) Restraining Order.
First, both the petitioner and the respondent must be at least 18 years old, or if the petitioner is under 18, the respondent must still be at least 18.
Next is the relationship the two people share.
To file a Restraining Order, the respondent must be:
- A current or former spouse
- A registered domestic partner
- Someone with whom they have (or had in the past two years) a sexually intimate relationship
- Related by blood, marriage, or adoption
- The other parent of a shared child
The third requirement is that the alleged abuse must have occurred in the last 180 days, and the respondent must have:
- Physically injured the petitioner
- Tried to physically injure the petitioner
- Made the petitioner afraid that he or she was about to physically injure them
- Made the petitioner have sexual relations against their wishes by using force or threats of force
Finally, the petitioner must state that he or she is in ongoing and imminent danger, or the respondent must be a threat to their or the children’s physical safety.
How Long Do Restraining Orders Last in Oregon?
Restraining Orders are incredibly serious and can take away a person’s freedom to associate, communicate, travel, and carry on with their life as they want.
A restraining order lasts for one year from the date it is signed by a judge, unless it is dismissed or canceled by the court.
Once the year expires, they may be renewed for one year at a time, if the judge believes the petitioner is still in danger.
Are There Other Types of Restraining Orders in Oregon?
Yes, and they are generally contingent upon the relationship status of the petitioner and the respondent. For Restraining Orders regarding elderly persons or persons with disabilities, no relationship between the petitioner and respondent is required, but the petitioner must establish that they are either over the age of 65 or suffer from a physical or mental disability.
The legal framework for Restraining Order cases corresponds to the enabling legislation, including the following:
- Sexual Abuse Protection Orders (SAPO)
- Stalking Protection Orders
- Extreme Risk Protection Order (ERPO)
- Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) Restraining Orders
Restraining Orders of any kind can be incredibly complicated, because they can be issued based solely on one person’s allegations of violence or a threat of violence, without the other party being notified in advance.
How Can Mark C. Cogan, P.C. Help With My Oregon Restraining Order Needs?
At Mark C. Cogan, P.C., our Restraining Order attorneys in Oregon represent both petitioners and respondents in these critical matters, so their rights are protected from the time the order is filled.
Time is often of the essence; when a person is served with a Restraining Order, the law requires that the respondent must contest the Restraining Order within a very specific amount of time, or risk the order becoming permanent.
Our law firm has had success in terminating Stalking Protective Orders even though this type of Restraining Order, on its face, has no time limitation.
Each Restraining Order and the circumstances surrounding its origin is unique and must be reviewed in detail to ensure we are providing the best approach to creating the necessary legal solutions.
Call Our Portland, Oregon Restraining Order Lawyers For A Free Consultation
If you are the petitioner of a Restraining Order in Oregon and would like to ensure you are protected going forward, our attorneys are available to discuss your needs and determine which type of Restraining Order may be best for your situation.
If you are the respondent of a Restraining Order in Oregon and would like to ensure your rights and future are protected going forward, our lawyers are available to discuss the allegations against you before your court date arrives, so you are not left facing the judge and the petitioner alone.
Contact our experienced Restraining Order attorneys at Mark C. Cogan, P.C. today by calling 503-549-1077.