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Corvallis Restraining Orders Attorney

Filing a Restraining Order in Oregon

A Family Abuse Prevention Act (FAPA) order, commonly known as a restraining order, is initially issued after a court makes a preliminary determination that a Petitioner suffered physical abuse, or that abuse is imminent. These determinations are made while solely considering the Petitioner’s version of events. The Respondent, who is anyone served with a temporary order of restraint, has a right to a full hearing on the issues. However, to exercise that right, the Respondent must respond to the court upon being served with the documents. There is a limited time to respond and request such a hearing. The documents will contain a temporary order restraining the Respondent from having contact with the Petitioner.

Was a restraining order recently filed against you? Talk to an experienced Corvallis criminal lawyer from Nash, Ortiz & Demarest, P.C. immediately to help protect your rights and interests. We serve clients throughout Benton and Linn Counties.​​

How a Restraining Order is Filed in Oregon

If a hearing is requested, the Petitioner must present sufficient qualifying evidence to a judge. Failing to present qualifying evidence will force a judge to dismiss the matter. Qualifying evidence is evidence that supports the statutory basis for issuing an order of restraint. It is important to know what type of evidence is necessary and relevant when appearing for the hearing. If the Petitioner fails to appear at a hearing, a judge will likely dismiss the matter. If the respondent does not show to a hearing, the temporary order of restraint will remain in place for one year.

Consult with an Experienced Corvallis Criminal Lawyer

Be aware that restraining orders are ‘one-way’ orders, meaning that the order only prevents the Respondent from contacting the Petitioner. It is important for you to know your rights and the potential pitfalls of having a restraining order in place against you.

Contact our Corvallis restraining orders attorneys today at (541) 243-0678 and we will help you through the process from start to resolution.

When Your Rights Are Violated,

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