Portland Divorce Attorney - Restraining and Stalking Orders

Introduction

Restraining Orders and Stalking Orders are often misunderstood in Oregon law.  Although both fall somewhat within the sphere of family law, restraining orders can be differentiated because they require some sort of familial relationship to be warranted.  A divorce attorney Portland Oregon practitioner can help you decide whether you are entitled to the protection of either, regardless of whether it will be used in a divorce or not.

Restraining Orders

A restraining order (or Family Abuse Prevention Act orders) is an order that prevents one party from contacting or attempting to contact another (either directly or through a third party).  A restraining order can only be obtained against a family or household member, which includes spouses; former spouses; adults related by blood, marriage, or adoption; persons who are cohabitating (requires sexual intimacy) now or who have cohabitated; persons who have been involved in a sexually intimate relationship with each other in the past two years; and unmarried parents of a minor child.

In order to obtain a restraining order, the petitioner or his or her Portland divorce lawyer must show that he or she has been the victim of an incident of abuse within the last 180 days, he or she is in imminent danger of further abuse, and the respondent (person against whom the order is sought) presents a credible threat to the physical safety of the petitioner or the petitioner's minor child.

Stalking Order

A stalking order, on the other hand, does not require a showing that the parties are family or household members.  A stalking order requires only that there be unwanted contact within the prior two years, that the the alarm was objectively reasonable, and that the contact caused reasonable apprehension.  Because no abuse or threat of abuse is required, there are first amendment issues associated with stalking orders that are less troublesome with restraining orders.

Both orders can be obtained with the help of a Portland divorce attorney if the facts of your case can meet the evidentiary requirements.  Restraining orders are often sought as part of a divorce and can help to make a quick child custody determination where there are honest worries about abuse by the respondent party against the child.

 

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