Portland Domestic Violence & Restraining Order Attorneys
You have the right to feel safe. The restraining order attorneys at Owens & McBreen, P.C. understand that the fear of domestic abuse is an unfortunate reality for many people. If your life is being impacted in this way, we can advise you about your options, such as restraining orders and civil stalking protective orders.
Our attorneys know time is of the essence if you feel your life is in danger, so you can count on our law firm to efficiently take care of the necessary paperwork to get a protective order and to give you peace of mind.
What Is a FAPA Restraining Order?
If you have been the victim of abuse by a family member within the last six months, and you feel that the abuse may occur again, it may be in your best interest to get a Family Abuse Prevention Act (FAPA) restraining order.
Our restraining order attorneys can help you to obtain a court order that tells the person who hurt you to leave you and your children alone, and to move from your home. We can also help you obtain temporary custody and parenting time orders for your children.
In family law cases, judges can order many things that will help you stay safe, including that the person making you feel unsafe not have guns. But, a restraining order can only deal with custody and parenting time issues temporarily. To get permanent custody and parenting time orders, you will need to a file a divorce or custody case.
What Is a Civil Stalking Protective Order?
The main differences between a FAPA restraining order and a civil stalking protective order are: (1) the protective order does not require a family relationship with the abuser; and (2) the protective order is usually permanent.
Stalking is usually characterized by a pattern of behaviors, and the law requires proof of at least two instances of contact. Generally speaking, stalking is when one person engages in contact with another person that is unwanted, repeated, and alarming or coercive, and that causes the other person to reasonably fear for his or her safety or the safety of his or her family members. If you are being stalked, it is imperative to contact an attorney as soon as possible. Many of the behaviors that stalkers use are illegal. Stalking itself is a crime.
Can I Challenge a Restraining or Stalking Order?
Unfortunately, Oregon’s restraining order and stalking processes can be abused. If you feel that someone has wrongfully taken a restraining order against you, or sought an unwarranted stalking protective order against you, our Portland restraining order attorneys may be able to help get it lifted or modified. If this describes your situation, it is crucial to speak with an attorney as soon as possible, as there are strict time limitations involved.Read our blog posts about this topic