In Oregon You Have 30 Days to File an Objection to a Restraining Order
The first thing you need to know if a restraining order is filed against you in the state of Oregon is that you have 30 days from the date it is served on you to file an objection. If you let those 30 days pass without taking action, then you forever lose your chance to challenge the order, and it stays in place for at least 1 year.
Restraining orders are often called FAPA orders (stands for Family Abuse Prevention Act). If you want to challenge a restraining order against you, you will need to prepare evidence to try and disprove the claims being made against you.
The person who got the restraining order has to convince a judge at trial of two things. First, that within the last 180 days you committed abuse against them at least one time. Second, that in addition to that abuse, there is a credible threat that you will harm them again.
This means that even if their allegations are true, you can still successfully get the order dismissed if you can convince a judge that you are not a threat to the other person.
Contact an Oregon Family Lawyer as Soon as Possible to Give Your Attorney Time to Prepare
If you are seeking an attorney’s help to challenge a restraining order, contact an Oregon family law attorney early rather than waiting until it gets close to your thirty day deadline. The earlier you begin preparing with your attorney, the more likely you will be to get the order dismissed.
