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Restraining Orders in Oregon

Preventing Abuse: Balancing restraining orders against abuse of the judicial system  

In Oregon, a restraining order (RO) may be obtained when a person has been abused in the last 180 days. Restraining orders are a vital tool in preventing abuse and protecting persons, particularly women, from contact that reasonably places them in fear for their own safety.   

Abuse can include physical injury, threatened physical injury, or attempted physical injury.

To obtain a restraining order in Oregon a party can fill out a petition to be presented before a judge ex parte (without the other party being notified).  This allows a safe avenue for a person to obtain a protective order.

Unfortunately, this uncontested scenario is ripe for abuse.  To obtain an RO all a person has to do is fill out a form alleging abuse.  Although the petition is signed under penalty of perjury and the respondent is entitled to a hearing, there are immediate consequences to the respondent regardless of the final outcome.  First, there is a court finding of probable cause that the respondent is an abuser. Second, collateral consequences often occur with employment.  Many employers don’t want to retain an employee that has been found by the court to be an abuse.  Third, it immediately affects a person’s right to carry a concealed firearm.  Finally, these orders often provide for temporary custody to the other parent.

In Lane County, Oregon there is a culture of people who abuse protective orders, using them as a tool to aid in a custody case.  This sort of abuse undermines the legitimate abuse claims.  Fortunately, restraining orders are civil matters that afford considerable opportunities for preparing for trial and defending against frivolous claims (respondent’s request that the petitioner pay attorney fees, depositions, requests for production, etc.).

Our attorneys have tried many restraining order cases in court. Stalking orders require a specific knowledge of the relevant Oregon cases, particularly those cases involving protected speech (State v. Rangel and its progeny).

Sealing or "Expunging" the Dismissed Protective Order 

Attorney Mike Arnold pioneered the sealing of protective order files in Oregon, effectively causing the court to expunge the records. Arnold created a motion arguing that it was within the inherent power of the court to expunge these cases.

Our attorneys have had success sealing stalking order records in several Oregon counties, such as Lane County and Multnomah County. In Lane County alone our firm has effectively expunged dozens of protective order files for clients who have been wrongly accused . However, recently a Lane County judge denied an unopposed motion to seal a stalking order file. This case is currently under appeal in the Oregon Court of Appeals.

Arnold Law Office, LLC, represents clients along the Oregon Coast and throughout Western Oregon, including in Portland, Eugene, Springfield, Salem, Corvallis, Cottage Grove, Albany, Newport, Oregon City, Beaverton, Clackamas, Wilsonville, Tigard, Hillsboro, Lake Oswego, Coburg, Creswell, Florence, Junction City, Lowell, Veneta, Oakridge, Roseburg, Brownsville, Halsey, Harrisburg Klamath Falls, Medford, Ashland, Grants Pass, Glendale, and Bend, and in the following counties: Lane County, Multnomah County, Washington County, Clackamas County, Linn County, Douglas County, Marion County, Coos County, Lincoln County, Benton County, Deschutes County, Josephine County, Klamath County, and Jackson County.

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