Eagle Point, OR asked in Child Custody, Domestic Violence and Family Law for Oregon

Q: If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it

1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: A court may issue a Family Abuse Restraining Order “upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition;” that "there is an imminent danger of further abuse to the petitioner;" and “that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child.” At hearing, petitioner must establish all three requirements or the restraining order must be vacated.

You should consult with an attorney to determine whether and how you should challenge the restraining order.

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