Restraining Order Attorneys in Portland, Oregon

The realm of family law often deals with sensitive situations, and one such area is that of restraining orders. These legal tools serve a crucial role in safeguarding individuals and their families from potential harm or abuse. At Mastanduno Law Group, Attorneys Steven Mastanduno and Nathan Jones understand the intricacies involved in this aspect of family law and are committed to providing reliable guidance and proficient representation. 

If you are in the Portland, Oregon, area—including Gresham, Beaverton, Troutdale, Oregon City, Multnomah County, Clackamas County, and Washington County—reach out today for support.  

Understanding Restraining Orders in Family Law

Restraining orders, also known as protection orders or orders of protection, are court-issued directives that prohibit an individual from contacting or coming near the protected person(s). They are designed to provide immediate protection and prevent further harm, especially in cases involving domestic violence, harassment, or other forms of abuse. 

There are several types of restraining orders available under family law, each serving a specific purpose: 

• Family Abuse Prevention Act (FAPA) Orders are designed to protect family members and other closely associated individuals from abusers, and focus specifically on acts physical or sexual abuse, or causing someone to fear that such abuse may occur.

• Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) Orders specifically concern the abuse of elderly or disabled persons, and can be in response to both physical and financial abuse. The victim must be a person who is 65 years or older, or a person with a disability. No specific relationship between the victim and the abuser is required.

• Stalking Protective Orders (SPO) are designed to protect an individual from unwanted and threatening contact by another, and such contact should be alarming or coercive; as the name suggests, these are designed to prevent a victim from being stalked.

Restraining orders in family law serve as essential protective measures for individuals and families experiencing abuse or harassment. The varying types of orders each offer a means to protect individuals from from certain forms of harm, and what kind of order may be required depends on the unique needs and circumstances of each case. Mastanduno Law Group is committed to navigating these complex legal matters, offering knowledgeable guidance and robust representation, with the goal of ensuring the safety and peace of mind of those we serve.

Preparing for Filing a Restraining Order

Before initiating the process of filing a restraining order, it is crucial to gather all necessary documentation and evidence. Here are some steps to help you prepare: 

• Evidence of Abuse or Harassment: Collect any evidence that validates the occurrence of abuse or harassment. This could include text messages, emails, voicemails, photographs of injuries or damaged property, medical records, and police reports. 

• Witness Statements: If there were any witnesses to the abuse or harassment, their statements could serve as critical evidence. Ensure to have their contact information at hand. 

• Documentation of Previous Legal Actions: If any previous legal actions were taken against the abuser, such as prior restraining orders or criminal charges, have these documents ready. 

• Detailed Record of Incidents: Maintain a detailed log of every instance of abuse or harassment. Include specific dates, times, locations, and what took place during each incident. This will be helpful in presenting a clear and comprehensive picture of your situation to the court. 

• Personal Information: Gather all necessary personal information about the abuser. This includes their full name, address, phone number, place of employment, details of any vehicles they own, and any other identifying information—the more specific, the better. 

Filing a restraining order is a significant step, and the process can be emotionally challenging. It's crucial to have a support system in place, such as friends, family, or a counselor, who can provide emotional assistance during this time.  

The Process of Obtaining a Restraining Order

Obtaining a restraining order is a legal process that can seem daunting, especially to those already dealing with stressful circumstances. However, understanding the necessary steps can help simplify the procedure and empower individuals seeking protection:

1. Petition the Family Court. The process of securing a restraining order typically starts with filing a petition with the family court. This petition should contain detailed information about the abuse or harassment experienced and the relationship between the parties involved. If the court finds the petition credible, a temporary restraining order may be issued, providing immediate protection until a hearing can be scheduled. 

2. Serve the Temporary Restraining Order. Following this, the abuser is served with a temporary restraining order and notified of the upcoming hearing.  

3. Go to a Hearing. During this hearing, both parties have the opportunity to present their evidence and arguments. After considering the evidence, the court will decide whether to issue a permanent restraining order, which may include provisions regarding no-contact, stay-away, child custody, and other necessary arrangements. 

Once a restraining order is issued, understanding its terms and conditions becomes paramount. Any violation of these conditions can lead to serious consequences, making it crucial to report any violations to the appropriate authorities promptly.  

Benefits and Importance of Restraining Orders

Restraining orders in family law are not merely legal documents; they serve as protective shields, ensuring the safety of individuals and their families. By creating a legal barrier between the protected person and the abuser, restraining orders prevent further abuse or harm. This protection provides individuals with a sense of safety and security, allowing them to focus on healing and rebuilding their lives. 

Moreover, restraining orders can address child custody and visitation arrangements, ensuring the safety and well-being of any children involved. If an abuser violates a restraining order, the protected person has the right to take legal action and report the violation to the authorities, holding the abuser accountable for their actions.