Boise, ID asked in Family Law for Oregon

Q: My ex has a restraining order on me but my 18 year old daughter lives with her and last night she hit her

She left a 6,7 and 10 year old alone to get high and hit my daughter.

Related Topics:
1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Beaverton, OR
  • Licensed in Oregon

A: I am sorry to hear of the abuse your children have suffered. You did not ask a question but I hope this helps:

Your 18 year old daughter is an adult and is entitled to make her own decisions regarding where she will live and whether she should obtain a restraining order. She is eligible to obtain a Family Abuse Prevention Act (FAPA) Restraining Order if she was abused. "Abuse" typically means actual physical injury or threat of physical injury within the past 180 days. There are other actions that constitute abuse under Oregon law.

If the young children witnessed abuse of another person, then they too are considered victims of abuse. The younger children may not be eligible for a FAPA restraining order, but upon your written request, the court in your divorce case may issue an emergency custody order if there is a risk of imminent harm to the children.

Oregon law provides that it is child neglect to leave a child under the age of 10 years unattended.

You should consult with an attorney in your area to assist you in deciding how best to proceed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.