As a Portland attorney who handles restraining order cases on a regular basis, I am often asked about alternatives to restraining orders once someone has been served. In Oregon, parties are allowed to enter what is known as a “consent agreement,” which is basically a contract between the parties that is usually enforceable through civil contempt.
If both parties are agreeable to having no contact with each other, a consent agreement can be a fair way to avoid contact between the parties, while allowing the parties to stay out of a contested hearing. Restraining order hearings are notoriously costly, stressful, and risky.
Parties to a consent agreement can agree to pretty much any terms, so long as they do not violate Oregon Law or public policy. This flexibility is another reason to pursue a consent agreement rather than a court order.
There are however, several downsides, most notably the fact that consent agreements are not entered into the Law Enforcement Data System (“LEDS”), meaning the police will not be involved in enforcement.
If you have questions about Oregon restraining orders or consent agreements, you should contact an attorney in your area.