Restraining order hearings in Oregon can be complex matters in which a family law attorney can be helpful. Restraining order hearings typically come up in three situations:

The restraining order is contested by the Respondent (the person being “restrained”)
The restraining order is to be modified (by request from the Petitioner or Respondent, or by stipulation of both parties), or
The restraining order is to be dismissed (by request from the Petitioner or Respondent, or by stipulation of both parties).

For general information on restraining orders, please visit our page on Oregon restraining orders. For information on contesting a restraining order in Oregon, please see our page on contesting restraining orders.

What You Need to Know About Restraining Order Hearings in Oregon

Restraining order hearings are typically short matters scheduled at one time along with several other cases. If you intend to have multiple witnesses, keep in ind that the judge may postpone your hearing to another date and time.

Judges usually do not have a lot of tolerance for nonsense at restraining order hearings. Think Judge Joe Brown or Judge Judy. Restraining order hearings are not heard by a judge, but rather an judge who will usually be quite active and ask questions on their own. Both parties need to be prepared to explain why they think the restraining order should or should not be in place, and whether or not it should be modified or dismissed.

Restraining order hearings are not a time to be overly emotional, argue about cheating or promiscuity, settle old scores, argue about who caused the deterioration in the relationship, or argue about things such as personal property and money. The issue in restraining order hearings is personal safety. Violence, threats of violence, and fear of future violence. In some cases, unwanted sexual contact (including but not limited to sexual assault or rape) can also be relevant.

“Do I need an attorney for a restraining order hearing in Oregon?”

In short, an attorney will likely be immensely helpful, but an attorney is certainly not required. At the very least, a consultation and some advice on how to proceed would be very beneficial. Most attorneys–a their hourly rate– can provide invaluable information about how to best present evidence and persuade the judge at a contested restraining order hearing.