Understanding Restraining Orders
Restraining orders, also known as protective orders, are legal documents issued by courts to protect individuals from harassment, abuse, or threats. In Oregon, a restraining order falls under the Family Abuse Protection Act (also known as a FAPA order). These orders are designed to provide immediate protection to victims of domestic violence, stalking, or sexual abuse.
Types of Restraining Orders
There are several types of restraining orders, including domestic violence restraining orders, civil harassment restraining orders, and workplace violence restraining orders. Each type serves a specific purpose and has different requirements for issuance.
How Restraining Orders Are Issued
Restraining orders are typically issued by a judge after the petitioner (the person seeking protection) files a request with the court. In many cases, a temporary restraining order is issued first, followed by a hearing to determine if a permanent order is necessary. Approximately 90% of initial civil petitions for domestic-violence restraining orders are typically granted, although only roughly one-third to two-thirds of initial restraining orders lead to a final restraining order.
If you have been served with a restraining order you need to know that this is a serious situation and without legal representation can cause major disruption to your livelihood.
Consequences of Violating a Restraining Order
Violating a restraining order can have severe consequences, including criminal charges, fines, and imprisonment. It’s crucial to understand and comply with all terms of the order, even if you disagree with it. Having a permanent protection order in effect was associated with an 80 percent reduction in police-reported physical violence in the next year, highlighting the effectiveness of these orders when properly enforced.
In Oregon, a restraining order falls under the Family Abuse Protection Act (also known as a FAPA order). This order will:
- Prevent you from contacting in-person and/or via phone the individual who filed against you.
- It can also prevent you from contacting your children if in the same household as the individual who filed against you.
- This order can prevent you from going to your OWN home and other locations.
- You may also be required to keep a certain physical distance from the petitioner of the order.
- Finally, this order can cause you to be unable to have and/or obtain firearms or other weapons.
Defending Against a Restraining Order
Steps to Take When Served with a Restraining Order
If you’ve been served with a restraining order, it’s crucial to take immediate action:
- Read the order carefully and understand its terms
- Comply with all provisions of the order
- Seek legal representation as soon as possible
- Gather evidence to support your case
- Prepare for the hearing
Gathering Evidence and Documentation
Collect any evidence that may help your case, such as:
- Text messages, emails, or social media interactions
- Witness statements
- Alibi evidence
- Documentation of any false allegations
Preparing for the Hearing
Work with your attorney to develop a strong defense strategy. Be prepared to present your evidence and testimony in a clear, concise manner.
Can a Restraining Order be Disputed, Dismissed, or Modified?
The short answer is Yes!
To dispute a FAPA order you must do so in writing. It is best to have your attorney file this paperwork so the court scheduler can schedule the hearing with their schedule in mind.
A restraining order can be dismissed either by the person who filed it, or by the judge if they find no evidence to substantiate the claims at the hearing.
The restraining order can also be modified in the same manner.
Legal Rights and Restrictions
First Amendment Considerations
While restraining orders can limit certain forms of communication, they must be carefully crafted to avoid infringing on First Amendment rights. Courts strive to balance the need for protection with constitutional freedoms.
Second Amendment Implications
Restraining orders often include firearm restrictions. The FBI’s Protection Order File contained more than 940,000 protection order records as of September 2005, many of which likely included firearm restrictions. It’s important to understand and comply with these restrictions to avoid legal consequences.
What Role Does an Attorney Play in these Proceedings?
An attorney will be able to explain the orders to you and help prevent you from unintentionally violating said orders. The consequences of violating these orders is very serious and should be avoided.
This is a serious matter that can wreak havoc on your lifestyle if handled improperly. An attorney will know how to properly file the paperwork and present your case to the judge presiding over the matter.
Having someone on your side to question witnesses, present evidence, and to show you in the best light will put you in the best position to potentially get your case dismissed or even modified.
One of the most important things an attorney can do is the ability to remain professional and be able to defuse heated emotions that tend to arise in matters such as these.
Impact on Daily Life
Workplace Considerations
A restraining order can affect your employment, especially if the protected person works at the same location. It’s important to inform your employer and work out arrangements to ensure compliance with the order.
Child Custody and Visitation
If children are involved, a restraining order can significantly impact custody and visitation arrangements. Women with permanent protection orders were significantly less likely than those without protection orders to be physically abused, with a relative risk of 0.2 over 12 months, which can influence custody decisions.
Seeking Legal Representation
Importance of Hiring an Experienced Attorney
Given the complexity of restraining order cases and their potential impact on your life, it’s crucial to hire an experienced attorney. They can help navigate the legal system, protect your rights, and work towards the best possible outcome.
What to Expect from Your Lawyer
A skilled attorney will:
- Explain your legal rights and options
- Help gather and present evidence
- Represent you in court proceedings
- Negotiate modifications or dismissals when appropriate
Frequently Asked Questions About Restraining Orders
- How long does a restraining order last?
- Can a restraining order be renewed?
- What happens if the protected person contacts me?
- Can I get a restraining order removed from my record?
- How do restraining orders affect immigration status?
If you find yourself in this position, your first step is to contact us so we can talk about what your best options are moving forward.