Compassionate And Professional Help In Family Law

What conditions need to be met to get a restraining order?

On Behalf of | Oct 3, 2022 | Domestic Abuse |

Not every intimate relationship in Oregon lasts a lifetime or ends amicably. Sometimes, intimate relationships result in acts of physical or sexual violence committed by one partner against the other.

Trying to leave a partner who is physically aggressive or who has threatened you is a frightening experience. Securing a restraining order or protective order could help you leave safely. Your restraining order could prevent the other party from contacting you or from showing up at your home or place of employment. If they violate the order, you can call the police and potentially have them arrested just for reaching out to you or coming to your home.

How can you determine if you qualify for a restraining order?

You need to be adults

With rare exceptions involving emancipated minors or underage individuals in sexual relationships with those over the age of 18, typically both parties need to be legal adults for the Oregon courts to grant someone a restraining order.

You experienced abuse, usually in the last 6 months

You typically need some kind of evidence that you experienced acts of physical or sexual abuse committed by the other party. In most cases, you need proof that you endured such misconduct within the last six months. However, you can also secure a restraining order when someone leaves prison if they were physically or sexually abusive to you prior to their incarceration.

You have a verifiable relationship with the other party

You need to have either an intimate, familial or domestic relationship with the other party in most cases to secure a restraining order. Former and current partners, the co-parent of your child, your relatives and even your in-laws could commit acts of violence against you or threaten you.

You need corroborating evidence

Police reports, medical records, security camera footage and witness testimony other than your own statements can all help corroborate your claims of domestic violence or other forms of interpersonal abuse. Some people who keep detailed personal journals can also use their written records if their fear of retaliation prevented them from contacting the police or seeking medical treatment.

It can be stressful to try to manage a restraining order request on your own. Having the proper legal support helps ensure that you meet all the criteria and follow the right steps to more effectively protect yourself when you believe you need a restraining order to safely leave an abusive situation.