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How to obtain a Family Abuse Protection Restraining Order

In order to obtain a retraining order in oregon you need to meet two statutorily mandated criteria. First, the petitioner needs to prove they were put “in fear of imminent bodily injury”. Importantly, this standard means that actual physical abuse does not have to occur. You only need to show that Respondent’s actions put the Petitioner in fear of imminent harm. With that said, restraining orders are much easier to obtain if actual physical injury occurred. The incident must have occurred within six months of the date the restraining order is applied for.

Second, a restraining order can only be filed against souses, former spouses, adults related by blood, marriage or adoption, someone you have been sexually intimate with in the last two years, or unmarried parents of a child. You cannot obtain a restraining order against any person who is not on this list, regardless of how egregious their behavior was.

The law offices of Bobzien McGuire can advise you throught the restraining order process. Our attorneys have litigated over 150 restraining order cases in the greater Portland area. Please call (503) 245-0894 for a consultation.

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