Oregon Restraining Order Law

In Oregon, a restraining order is a legal document that is issued by a court to protect a person from being physically or sexually abused, threatened, stalked, or harassed by another person. It is also known as a "protection order." Restraining orders can be issued against a current or former spouse, domestic partner, cohabitant, or someone with whom you have had a dating relationship. The person who is protected by the restraining order is known as the "petitioner," and the person who is restrained by the order is known as the "respondent." A restraining order can order the respondent to stay away from the petitioner, their home, their work, or their school, and can also prohibit the respondent from contacting the petitioner in any way. If the respondent violates the restraining order, they can be arrested and charged with a crime. It is important to note that restraining orders are serious legal matters and should not be taken lightly. If you are in need of a restraining order, it is recommended that you seek the help of an experienced Portland restraining order attorney. We can help you! Start by scheduling a free consultation.

FAPAs in Oregon 

FAPA stands for Family Abuse Prevention Act. A FAPA restraining order can keep you from making any kind of physical or verbal contact with your partner or children or even keep you out of your home. When domestic disputes result in court orders, serious consequences like this are often the outcome. If you’ve been served with a FAPA restraining order, you probably never got the chance to tell your side of the story. 

The specific terms of any FAPA restraining order are up to your individual judge. Be certain to read your order carefully to avoid violating any of its terms. No matter how small your violation may be, breaking any of the terms of your order may cause you to be held in contempt of the court resulting in fines, additional penalties, or even jail time. 

With the help of an experienced attorney, you have the opportunity to fight back and contest your order. An experienced criminal defense lawyer can help you challenge your FAPA restraining order and ensure your life isn’t negatively impacted by your order. 

Stalking Order in Oregon 

A Stalking Protective Order (SPO) is a court order that tells a person to stop contacting you and your family members along with others in your household. The contact from the respondent must have happened repeatedly as well as cause fear, alarm, or the feeling of being forced to do or not do something against your will. In some cases, the court may also order that the respondent not be allowed to have guns. If granted, an SPO is permanent. Either party involved may ask the court for a dismissal of the SPO and a hearing will be scheduled. 

An Oregon criminal defense attorney can help you understand the requirements for a Stalking Protective Order as well as how to fill out the correct paperwork. 

Elder Abuse in Oregon 

Elder abuse can be classified as any physical injury to an elderly person caused by anything that wasn’t an accident or that appears to differ from the explanation given of how the injury happened. Also included are neglect, abandonment, and willfully forsaking duties of protecting and looking out for the elderly by a caretaker. Verbal abuse, financial exploitation, sexual abuse, and wrongful use of physical or chemical restraint are also forms of elder abuse. “Elderly person” refers to any person 65 years or older. 

Under House Bill 2849, Criminal Mistreatment becomes a Class B felony if the victim is an elderly person over the age of 65. Recent studies show that the actual prevalence of mistreatment of elder is much higher than currently estimated due to the significant amount of underreporting. Family members and friends often fear that the elderly loved ones in their lives will fall victim to elder abuse. While most worry that long-term care and assisted living facilities are of the most concern, statistics show that most elder abuse happens from people they know and trust. 

Part of supporting our aging population is ensuring they have quality care options provided by family or caregivers that can be trusted to support their needs. 

Oregon Sex Abuse: Oregon 1st Degree Sex Abuse 

Oregon sexual abuse laws state that the severity of the punishment depends on the specifics of the crime committed. A higher degree of charge typically means receiving harsher punishments. Being charged with 1st-degree Sexual Abuse is extremely serious. If convicted, there is a minimum sentence of 6 years and 3 months in prison with no option to get the sentence reduced. 

The laws in Oregon allow sexual abuse in the first degree to be enforced as a statutory charge. This charge can be applied to cases where the victim is younger than the Oregon age of consent, even if the victim admits to willingly engaging in sexual relations with the defendant. If you or a loved one are being charged with sexual abuse, no matter the circumstances, it’s in your best interest to contact an experienced Oregon attorney right away. 

Portland Disability Protection Lawyer 

If you’re going up against an insurance company in an attempt to receive the compensation you deserve from a claim, your odds of winning without an attorney will be slim to none. Your insurance company has a team of experienced attorneys who will find any reason to deny your claim. The team at Powell Law knows how to navigate the legal system and will fight tirelessly for your cause. While we’re based in Beaverton, we serve the entire Portland area including Hillsboro.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.