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Can I Fight A Restraining Order?
Dec 16, 2021

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. 

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. 
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.

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.

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.