Law Office Of Teri Plagmann, PC 

Qualifications for restraining orders under the Family Abuse Prevention Act are as follows:

• You must be over the age of 18, or under 18 and obtaining an order against someone under the age of 18 that you are married to or with which you have been involved in a sexual relationship
• The person who abused you must be your current or former spouse or domestic partner; an adult with whom you are currently living and are or were involved in a sexual relationship; an adult with whom you were involved in a sexual relationship with in the last two years; an adult related by blood, marriage or adoption; or the parent of your child
• Within the last 180 days, the person who abused you must have physically injured you, tried to physically injure you, made you afraid that he was about to physically injure you or made you have sexual relations against your wish by use of force of threats of force

Any time period the person was in jail or lived more than 100 miles away during the last 180 days does not count as part of the 180 day period. For example, if the person was in jail for 20 days, you may obtain a restraining order for a period of 200 days after the incident of abuse occurred.

Most courts will provide you with free paperwork to obtain a restraining order. Once you complete the paperwork, a judge will review it with you and decide whether to issue the order. In many counties, you may be able to have a judge issue the restraining order on the same day, as long as you complete the paperwork before their daily cutoff time.

Once the alleged abuser is served with a restraining order, he has the right to request a hearing.  A temporary protective order will stay in effect until a hearing is held.  If a judge dismisses the restraining order at the hearing, the order will be terminate immediately. If it is upheld at a hearing, or if the alleged abuser does not request a hearing to contest the issuance of the restraining order, the restraining order will remain in effect for one year. 

You should contact one of our attorneys to discuss having an attorney represent you at the hearing. The issues at a hearing may be all, or part of the restraining order. For example, the hearing may be requested on just custody or parenting time provisions in the order, or it may concern the entire order.  At a hearing, the burden of proof is on you to show that the abuser intentionally or recklessly caused or tried to cause bodily harm or placed you in fear of serious harm.  If you cannot meet this burden of proof, your restraining order may be dismissed.

Issuance of a restraining order against a person is a serious matter.  You may lose custody of your children.  You also may be denied contact, or have limited contact, with them. Your ability to have custody in the future may be affected. This is because Oregon statute provides that if a parent has committed abuse, there is a rebuttable presumption that it is not in the best interest and welfare of the child for the parent who committed abuse to be awarded sole or joint custody of their child.  Your parenting time may be affected as well.  Also, you may lose the right to hunt and to possess firearms. You are at risk of facing criminal penalties in the event you are charged with violating a restraining order. This is a serious matter that should not be taken lightly. You should discuss this situation with one of our attorneys, who can assist you with requesting a hearing on the restraining order, representing you at the hearing and/or working with you to negotiate a settlement of the allegations against you.