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Restraining Orders

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Experienced Restraining Order Lawyer in Southern Oregon

Matt is an experienced protective order attorney that represents clients throughout Southern Oregon.   He represents individuals seeking protective orders against others as well as defending against protective orders that should not issue. 

 

Matt understands the restraining orders sometimes are a critical tool to protecting individuals from impending physical, financial, and sexual harm.  He will assist clients seeking restraining orders where protection is necessary to avoid these harms.

 

Additionally, Matt understands restraining orders sometimes issue from courts without merit.  Restraining orders have impactful collateral legal consequences on the individuals that are restrained by their issuance.  Some of these collateral consequences include restrictions on on gun rights, parenting time, and residency in one’s own home.  Matt assists clients in fighting restraining orders that are not supported by the law to protect his clients’ rights.

 

Whether he is representing individuals seeking protective orders or defending against protective orders that should not issue, Matt believes his clients deserve the opportunity to tell their sides of the story, so their cases can be reviewed accurately and fairly — inside and outside the courtroom.

Our Services

  • Providing counsel
  • Filing and responding to petitions with court
  • Attending all court appearances

Resources

For Victims
Need Immediate Help?
  • If you need IMMEDIATE help or are in danger, call 911.  

Five Frequently Asked Questions

What are the types of protective orders that are available in Oregon?

Restraining Orders / FAPA Orders (ORS 107.710) and Stalking Protective Orders (ORS 30.866 & 163.730). The most commonly filed protective orders in Oregon are restraining orders and stalking protective orders.  The primary difference between a restraining order and a stalking protective order is (1) a restraining order may only be granted where a special relationship exists between the parties (typically this is a familial or sexually intimate relationship) and (2) a stalking order may only be obtained when two (2) or more qualifying incidents of contact have occurred.  Aside from these two protective orders, Oregon residents may petition the court for:

Elder Abuse Protective Orders (ORS 124.400). Elder Abuse Protective Orders apply to individuals who are 65 years of age or older and not a resident of a long-term care facility or a person with disabilities and restricts the respondent to stop threatening or abusing and to stay away from the elder petitioner.

Sexual Abuse Restraining Orders (ORS 163.763). Sexual Abuse Protective Orders apply in certain cases where a person was subjected to unwanted sexual abuse by another person who is not a family member or intimate partner.

Extreme Risk Protective Orders (ORS 166.527). An Extreme Risk Protection Order is a court order that prevents a person who is at risk of hurting another person or of committing suicide from having or getting deadly weapons, including firearms.

What if I have seen served with an Oregon restraining order under false pretenses?

The best course of action is to partner with a skilled restraining order attorney like Matt who can help present your case during the hearing, so you can exonerate yourself from the unnecessary protective order. Keep in mind, even if a restraining order is taken out under false pretenses, or if you believe the petitioner is being unfair, you must adhere to the terms in the order until the court vacates it. Violating a protective order in Oregon can result in severe legal consequences.

What happens if I violate an Oregon protective Order?

An initial violation of a protective order in Oregon is a Class A misdemeanor which carries a potential sentence of up to one year in prison and fines up to $6,250. Previous violations, or if you have a stalking conviction on your record, will result in a Class C felony and carry a potential sentence of up to five years in prison and fines up to $125,000.

You can also be held in contempt of court for violating a protective order in Oregon.  The penalty for this is a sentence of up to six months in jail and a fine of the greater of $500 or 1% of your annual income.

How long do protective orders remain in effect in Oregon?

Stalking protective orders remain in effect for life once they become permanent.  A sexual abuse restraining order remains in effect until the later of five years once it becomes effective or January 1 of the year following the petitioner’s 18th birthday.  All other protective orders (restraining orders, elder abuse prevention orders, and extreme risk protective orders) remain in effect for one year following issuance of the final order (after an respondent has an opportunity to be heard).

I have been served with a temporary protective order. What should I do?

You should immediately contact an attorney.  In some circumstances, your failure to respond do a protective order could result in your arrest.  In other circumstances, you will lose your ability to challenge the protective order if you do not request a hearing within thirty days from the date that you were served.  Time is of the essence.  Call an experienced attorney like Matt as soon as possible.

Matthew Rowan Law
219 S. Holly St.
Medford, OR 97501