Contesting a restraining order in Oregon is a complex legal and evidentiary process, and should not be handled informally or without legal representation. It is not as simple as walking into court and telling the judge “my side of the story” or “she’s a liar.”

“What can a restraining order do in Oregon?”

A restraining order in Oregon is more accurately referred to as a Family Abuse Prevention Act Order (or “FAPA order”). A FAPA order can:

Prevent you from having in-person contact with an intimate partner.
Prevent you from having telephonic contact with an intimate partner.
Restrict you from having in-person or telephonic contact with your children.
Prohibit you from going to your own home.
Prevent you from going into or near certain locations other than the home.
Require you to maintain a distance from the Petitioner of the restraining order.
Prevent you from possessing firearms or weapons.

Disputing a Restraining Order

How do I dispute a restraining order in Oregon? By requesting a hearing in writing. This is done by filing a request of the court that has jurisdiction over the parties and the FAPA order. The court scheduler then schedules a legal and evidentiary hearing. The hearings can run less than an hour to several hours in length. If you’ll be working with an attorney, it’s best if your attorney makes the hearing request so that the court scheduler can take into account the attorney’s calendar and availability.

Dismissing a Restraining Order

A restraining order can be dismissed by the petitioner (the person who filed the restraining order) by the filing of a written request for dismissal. A judge can also dismiss the FAPA order after a hearing on the merits, if the judge finds that there aren’t grounds upon which the restraining order can stand.

Modifying a Restraining Order

A restraining order can be modified by the petitioner (the person who filed the restraining order) by the filing of a written request for modification. A judge can also modify the FAPA order after a hearing on the merits. In some cases, a judge who chooses not to dismiss a FAPA order may keep the order in place, but modify portions of the restraining order that the judge thinks are unfounded by evidence or overly burdensome to the respondent (the person being restrained).

“How can an attorney help me contest a restraining order?”

First and foremost, an attorney knows the law and is familiar with court procedures. Given the seriousness of a restraining order and how disruptive it can be upon your life, you want to do everything you can to be successful in dismissing it or– at the very least– modifying it. An attorney can help:

Counsel you as to how to avoid intentionally or accidentally violating the terms of the FAPA order. A violation of a FAPA order is a quasi-criminal matter and can have serious consequences.
Deescalate the situation. A professional familiar with these cases can help take things down a notch when emotions are high, tempers are flared, and there is the potential for accusations of further violence or threats.
Organize the evidence you want to present to the court in the best possible light. Subpoena witnesses, obtain police reports, and review materials filed with the court for untrue statements and inconsistent statements.
Assist you in the hearing. Trying to handle a contested FAPA order hearing on your own usually turns into an awkward mess or even a disaster. People representing themselves often appear unorganized, unfocused, overly-emotional, and have trouble getting important information into evidence because of the rules of evidence. For example, how does someone representing themselves conduct direct examination and effectively ask questions of themselves? Or how does someone visibly upset and frustrated about a restraining order conduct a cross examination of the petitioner without appearing to the judge as being angry and a possible threat to the petitioner? A skilled attorney can help you greatly in putting your case together and providing the judge with important information to consider– information that was likely not provided when the petitioner applied for the restraining order.

If you you’ve had a FAPA order filed against you, call us today to discuss your options in fighting it. These orders can frequently be dismissed or modified so as to minimize the impact on your life.