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"Solutions are not always found in the law, but rather by focusing on the people we represent and their particular situation." — Patrick Melendy

Restraining orders difficult but important topic to address

| Feb 17, 2015 | Family Law |

Domestic abuse can be an understandably sensitive topic to discuss, but we know how important it is to address the various options that Oregon victims have at their disposal. Whether dealing with a divorce or a particularly difficult split from an ex-girlfriend or boyfriend, it may sometimes be necessary to have restraining orders issued against an alleged abuser. This can be especially effective or important when children are involved.

Although commonly referred to as a restraining order, it is also legally known as a family abuse prevention act, or FAPA. A restraining order can protect a victim by requiring that an alleged abuser stay away and have little to no contact with that person. If the individual accused of the abuse resides in the same home as the petitioner — the person who filed for the restraining order — he or she may even be required to leave and find another place of residence. 

However, restraining orders can be violated despite potential consequences for the offender. Violating a restraining order by returning to a shared residence, contacting a victim or stalking a petitioner can result in arrest. Subsequent arrests will also show on a permanent record alongside any stalking or restraining orders that are issued.

For victims of domestic abuse, a restraining order can even help protect any children involved by ensuring that their best interests are determined without the undue influence of a possibly abusive parent. Unfortunately, while these types of restraining orders are invaluable for ensuring the safety of victims in Oregon, we understand that they can also wrongfully be issued against otherwise innocent parties. Although tensions and emotions surrounding allegations of domestic violence can be charged, our commitment is to our clients and their needs.

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