Domestic violence is taken very seriously by Oregon’s justice system.  The term encompasses abusive behaviors such as name-calling, sexual assault, stalking, withholding money, intimidation, and preventing a partner from contacting friends or family.   An accusation of domestic violence can have criminal implications as well as consequences in family court.

RESTRAINING ORDERS
The Oregon Family Abuse Prevention Act (FAPA) is set out in Chapter 107 of the Oregon Revised Statutes. Any person who has been the victim of “abuse” within the preceding 180 days may petition the circuit court for a restraining order if the person is in imminent danger of further abuse from the abuser.  A restraining order has serious implications and may include awarding temporary custody of the children to the petitioner, the respondent be required to move from the petitioner’s residence, that the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner’s current or subsequent residence, and that the respondent have no contact with the petitioner in person, by telephone or by mail.

FAPA defines “abuse” as the occurrence of one or more of the following acts between family or household members:

1. Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.

2. Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.

3. Causing another to engage in involuntary sexual relations by force or threat of force.

Within 30 days after a restraining order is served, the respondent may request a court hearing upon any relief granted. If you have been served with a restraining order it is therefore critical to respond to the court and schedule your hearing (which will be set within 21 days of requesting a hearing in the 30 day window mentioned above).  If the respondent fails to request a hearing within 30 days after a restraining order is served, the restraining order is confirmed by operation of law. 

Issuance of a restraining order can have serious impacts on a persons ability to maintain a job, live where they want to live, and a persons custody and parenting time rights.  After the state is involved in a criminal FAPA proceeding, the parties can not agree between themselves to violate the conditions of a court order.  If you are served with a restraining order it is critical to work closely with an experienced criminal defense lawyer to prepare and present your side of the case.

PROTECTING VICTIMS OF DOMESTIC VIOLENCE

If you believe you or your children are in imminent danger, the first thing you should do is contact the police and get somewhere safe.  Then contact MJM Law Office, P.C. so that we can promptly take the necessary legal action to help continue to keep you and your loved ones safe.
If you or a member of your household has been the victim of domestic violence, or if you have been threatened with domestic abuse, we can quickly obtain a temporary protective order.  This court order can set forth sanctions including jail time and probation that will be imposed if the person violates the protective order by contacting you in any way, including in person, by mail, by phone, or electronically.

The temporary protective order can become a renewable long-term restraining order if, after a factual hearing, a judge determines that abuse has occurred within 180 days of the request for a protective order and that there is imminent danger of future abuse.  A restraining order can be renewed each year if the court finds that there is a reasonable fear of further abuse without the order.  
We represent clients who have been the victims of domestic violence, including crimes such as assault, threats of bodily harm, stalking, and harassment.  We also represent elderly clients who are mistreated by family members who are supposed to care for them.  Let us protect you and your family now and into the future.

DEFENDING THOSE ACCUSED OF DOMESTIC VIOLENCE

An accusation of domestic violence can result in grave, sometimes lifelong, consequences.   In family law cases involving children, a conviction of domestic violence can result in the complete loss of custody and visitation rights.
If you have been accused of domestic violence, you need an experienced Oregon criminal defense lawyer to protect you from the potentially devastating consequences of a conviction.  We represent clients who have been accused of domestic violence and need an attorney to defend them against such charges.  We also represent clients in their defense against the imposition of a restraining order and the resulting financial and personal consequences.  

If you have legal issues related to domestic violence call MJM Law Office, P.C. to speak with an experienced criminal defense lawyer in Eugene, Oregon.

Contact Us online or call 541-505-9872 to schedule a consultation.