Oregon Civil Standbys: Retrieving Your Belongings After Being Served With A Restraining Order
You’ve just been served with a restraining order. While at work. The restraining order says you can’t go back to your house. You’ve got nothing but the clothes on our back. The restraining order is based on exaggerations, things taken out of context, or outright lies. You’re going to fight the restraining order, but the hearing is going to be days away, maybe even a few weeks. You’d like to go back to the house to get some of your belongings. Can you? What can you do?
What is a Civil Standby?
Oregon law allows respondents (people served with a restraining order) to have law enforcement help respondents retrieve some of their belongings from their home. This is called a “civil standby.” The law is as follows:
ORS 107.719: Removal of personal effects accompanied by peace officer
(1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 107.718 (Oregon’s restraining order statute) shall remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace officer’s duty to arrest under ORS 133.055 (Oregon’s law regarding criminal citations generally) and 133.310 (Oregon’s law regarding authority of peace officers to arrest without warrant).
(2) The party removing essential personal effects from the residence pursuant to an order issued under ORS 107.718 is entitled to be accompanied by a peace officer on one occasion only.
(3) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 107.718 shall have immunity from any liability, civil or criminal, for any actions of the party committed during the removal of essential personal effects.
What Can I Retrieve During a Civil Standby?
Law enforcement will only allow you to gather and remove “essential personal effects.” Think toothbrush, shaver, underwear, socks, some limited clothes, maybe a smartphone and personal computer, etc. Also keep in mind that you’re limited to 20 minutes. Maybe less. You will not have time to load a U-Haul and move all your belongings out.
How Do I Request a Civil Standby in Oregon?
You make the request for a civil standby through local law enforcement. Given the time limitations, it may be a good idea to make the request immediately, but give yourself a day or two to mentally think of where the items you want to retriever are in the house, and to prioritize what you will grab if you are pressed for time.
Caution: Don’t Attempt Other Self-Help
Even if you feel strongly that the restraining order never should have been granted, you should not violate the terms of the restraining order. For example, let’s say the restraining order prevents you from contacting your wife in-person, by phone, email, or text. You should not contact your wife to ask her if you could come by the house when she’s not there to get your stuff. Similarly, let’s say the restraining order prevents you from going to your house. You should not assume that just because your wife is not home when you want to stop by– or that maybe you can sneak into the house to get your belongings– that it’s okay to do so. Either of the situations could result on a restraining order violation.
Can You Help Me With A Civil Standby?
Our firm has represented many people in fighting restraining orders and getting them dismissed, modifying restraining orders, obtaining parenting time while restraining orders were in effect, and also obtaining necessary personal belongings after being served with a restraining order. We can likely help you with your case too. Contact us to schedule a consultation, at a reasonable cost.