Conozca la Ley: Oregon
ACTUALIZADA 5 de julio, 2009
If you are planning to move to OR or are going to be in OR for any reason, your protection or restraining order can be enforced.
- General Rules
- Can I get my restraining order enforced in Oregon? What are the requirements?
- Can I have my out-of-state restraining order changed, extended, or canceled in Oregon?
- What can I do if the court that issued my order tells Oregon that my order has changed or is no longer valid?
- I was granted temporary custody with my out-of-state restraining order. Will I still have temporary custody of my children in Oregon?
- Registering your Out-of-State Restraining Order in Oregon
General Rules
arribaCan I get my restraining order enforced in Oregon? What are the requirements?
Yes. Your restraining order can be enforced in Oregon as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
arribaCan I have my out-of-state restraining order changed, extended, or canceled in Oregon?
No. Only the state that issued your restraining order can change, extend, or cancel the order. You cannot have this done by a court in Oregon.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. You will need to contact the clerk of court in your area to find out if this is possible. To find out more information about how to modify a restraining order, see the "Restraining Order" page, under the Know the Laws tab, for the state where your order was issued.
If your order does expire while you are living in Oregon, you may be able to get a new one issued in Oregon but this may be difficult to do if no new incidents of abuse have occurred while you have been in Oregon. To find out more information on how to get a restraining order in Oregon, visit our OR Restraining Order page. You can also contact a domestic violence organization in Oregon for help with filing a restraining order. See OR State and Local Programs.
arribaWhat can I do if the court that issued my order tells Oregon that my order has changed or is no longer valid?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Oregon cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in OR. You will find information on legal assistance and domestic violence organizations in OR on the Where to Find Help page.
arribaI was granted temporary custody with my out-of-state restraining order. Will I still have temporary custody of my children in Oregon?
Yes. As long as the child custody provision complies with certain federal laws,* Oregon can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here OR Finding a Lawyer.
* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.