Greenacres, WA asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon

Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

Mother removed children from oregon. Got restraining order for domestic violence and because children were being abused/neglected. Judge in oregon allowed father to violate order and virbal badger children and mother. Judge gave custody to father because of restraining order.

1 Lawyer Answer
M. Nicole Clooten
M. Nicole Clooten
  • Divorce Lawyer
  • Pendleton, OR
  • Licensed in Oregon

A: There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the children alone. That would be something that would be addressed in an immediate danger filing. I am not sure where this other order is from, so I cannot comment on the requirements for that jurisdiction. If there is a restraining order in another jurisdiction, it should be followed in all states. So the fact pattern here does not include the filings that led to custody being awarded to the father.

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