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.

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • 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.

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