Restraining / Stalking / Protective Orders
Proficient Protective Order Defense Attorneys in Oregon
At Collins Rowan, our experienced Medford restraining order defense lawyers represent clients throughout Oregon because we understand how the restrictive nature of these court-mandated directives impacts our clients’ lives.
Our Jackson County restraining and stalking protective order defense lawyers believe our 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.
These cases require attention to detail, creative critical thinking, and close client collaboration that delivers meticulous, client-focused, legal representation that produces results. That is what our dedicated Medford defense attorneys will provide, beginning the moment we take your case.
Collins Rowan Oregon Restraining and Stalking Protective Order Defense Attorneys
At Collins Rowan, we understand that no two people are alike, and neither are their restraining order or stalking protective order requirements or how they impact their lives.
We pride ourselves on working closely with our clients to address their specific concerns on a case-by-case basis to provide legal representation that is tailored to our client’s specific needs.
What is the Difference Between a Restraining Order and a Protective Order in Oregon?
A Restraining Order and Protective Order are the same things in Oregon, but the terms are often used interchangeably. It is a court order designed to protect the physical safety of one person from another.
Oregon restraining orders involve two parties: The petitioner, who is the individual who applies for protection, and the respondent, who is served with the order.
What are the Requirements for Getting a Protective or Restraining Order in Oregon?
When petitioning the Oregon courts for a restraining or protective order, several facts must be true.
- Both the petitioner and the respondent must be at least 18 years old, or if the petitioner is under 18, the respondent must still be at least 18.
The respondent must share a personal relationship with the petitioner, which may include:
- A current or former spouse.
- A domestic partner.
- Sharing a child.
- Related by blood, marriage, or adoption.
- Someone with whom they have a sexually intimate relationship or have had a sexually intimate relationship in the past two years.
The alleged abuse must have occurred in the last 180 days, and the respondent must have:
- Tried to physically injure the petitioner.
- Physically injured the petitioner.
- Made the petitioner afraid that he or she was about to physically injure them.
- Made the petitioner have sexual relations against their wishes by using force or threats of force.
Lastly, the petitioner must state that he or she is in ongoing and imminent danger, or the respondent must be a threat to their or the children’s physical safety.
A restraining order lasts for one year from the date it is signed by a judge unless it is dismissed or canceled by the court. The protection order must be renewed annually.
What is the Difference Between a Restraining Order and Stalking Protective Order in Oregon?
In Oregon, a stalking protective order (SPO) may be obtained when a person is subjected to repeated and unwanted contact that coerces them or causes reasonable apprehension regarding personal safety.
What are the Different Types of Stalking Protection Orders in Oregon?
There are two types of stalking protection orders in Oregon: Temporary stalking protection orders and final or permanent stalking protection orders.
A temporary stalking protection order can be ordered by a judge if he or she believes there is probable cause that the respondent has, is, or will continue to stalk the petitioner. The temporary stalking protection order will remain in effect until the court hearing date.
Before a stalking protection order can become final, or permanent, the judge will schedule a hearing to determine if it is more likely than not that the respondent stalked the petitioner. The judge has the latitude to extend the temporary stalking order for up to 30 days, or to put a permanent stalking order in place going forward, which will not expire unless a judge specifically includes an end date.
How Can Collins Rowan Help Defend Me Against a Restraining Order or Stalking Protection Order?
At Collins Rowan, our skilled criminal defense lawyers in Medford, Oregon believe in providing creative solutions to complex legal issues using a combination of intellect, superior drafting, filing, and arguing motion skills, advanced defense tactics, and a dedicated approach to all restraining order, stalking, and protective order hearing preparedness.
Our knowledge, experience, and savviness inside and outside the courtroom allow our clients’ unique stories to be told, so the judge understands our precisely developed and persuasive argument to overcome these legal obstacles and reach each of our client’s goals.
Words are the true weapons inside the courtroom and have a far greater effect in changing people’s opinions — including judges.
Contact Our Skilled Restraining Order and Stalking Protective Order Defense Attorneys in Medford, Oregon for Help Today
If you have been served with a temporary restraining or stalking protective order in Oregon, you do not have to attend the upcoming hearing alone. We want to hear your story, so we can protect your rights from the beginning.
Contact our skilled protective order defense attorneys in Medford, Oregon at Collins Rowan today by phone at 541.773.3606 or email to discuss your case.
Frequently Asked Questions for Our Protective Order Defense Lawyers in Oregon
What Other Types of Protective Orders are Available in Oregon?
Besides restraining orders and stalking protective orders, Oregon residents may petition the court for:
- Elder Abuse Protective Orders
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 Protective Orders
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
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 Been Served with an Oregon Restraining Order Under False Pretenses?
The best course of action is to partner with a skilled restraining order attorney 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 $6250. 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.
Collins Rowan, LLP
219 S. Holly St.
Medford, OR 97501