Restraining Orders to Prevent Abuse
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A restraining order is a civil order that provides protection from harm by a family or household member.
back to topWhat are restraining orders?
A restraining order is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser.
back to topWhat is the legal definition of domestic abuse in Oregon?
This section defines domestic abuse for the purposes of getting a restraining order.
Domestic abuse is when a family or household member:
- Attempts to hurt you physically
- Actually hurts you physically (intentionally, recklessly or knowingly)
- Intimidates or makes you afraid of serious physical injury (intentionally, recklessly or knowingly)
- Makes you have sex against your will by force, or threat of force.*
“Family or household member” means any of the following:
- a current or former spouse;
- an adult related by blood, marriage or adoption;
- someone you are living with or have lived with in the past;
- someone you have been in a sexually intimate relationship with, within two years immediately preceding the filing of a restraining order petition under; or
- someone you had a child with.**
* O.R.S. § 107.705(1)
** O.R.S. § 107.705(4)
back to topHow can a restraining order protect me?
A restraining order can order the abuser to:
- Stop abusing, threatening, or interfering with you and any children in your custody;
- Stay away from your home, school, place of business, or other specified place;
- Leave your home (if you live together);
- Remove personal belongings from the home while police stand guard;
- Have no contact with you in person, by mail, or by phone.*
A restraining order can also:
- Give you temporary legal custody of your children;
- Give the abuser temporary custody (if you request this) dependent upon certain conditions to protect the children;
- Allow you visitation rights to your children if the abuser has custody;
- Order other relief that the judge thinks is necessary to provide for the safety and welfare of you and your children, including but not limited to emergency financial assistance from the respondent; and/or
- Order other relief to prevent the neglect and protect the safety of any animal kept for personal protection, companionship, service or therapy (but not an animal kept for any business, commercial, agricultural or economic purpose).*
Whether a judge orders any or all of the above depends on the facts of your case.
* O.R.S. § 107.718(1)
back to topIn which county can I file for a restraining order?
You can file a petition in the county where you live, or in the county where the abuser lives.*
* O.R.S. § 107.728
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