In Oregon, there are two types of protective orders: restraining orders and stalking orders. Each has its own definition and is granted based on different criteria. It’s important for those living in Oregon to understand the differences, especially if they plan to file for either order in the future.
Restraining Orders
You may qualify for a restraining order if you’ve been abused or are in danger of further abuse. Women primarily use these orders to protect themselves from domestic violence, though men can also apply for them.
However, in some cases, restraining orders have been abused in the legal system. When an individual files for a restraining order to gain an advantage or as a tool for revenge against you, there can be significant legal ramifications.
Whether you are protecting yourself in a domestic violence situation or need to defend against a false restraining order, working with an experienced attorney can help you.
Stalking Orders
If you are a victim of unwanted contact from someone or feel unsafe due to another individual, you may be granted a stalking order. Stalking orders are not only permanent, unlike restraining orders, but do not require an active relationship to apply for one. Stalking orders come with stricter penalties should you violate its terms.
While stalking orders are permanent, there is a way to terminate the order. If, after one year, you feel you no longer need an active stalking order, you can let your respondent know. You may be able to show the judge that you no longer need the order.
Pedemonte Law Can Help
Whether you have further questions regarding restraining or stalking orders or wish to file for one, our team at Pedemonte Law can help. Contact us today for more information.