Restraining and Stalking Orders
If you have been served with a protective order such as a FAPA restraining order, stalking order or sexual abuse protection order, we can help you challenge that order in court and seek a dismissal. Having a protective order placed against you can have significant consequences. It can effect your employment, gun rights and reputation. Mr. Grossman has extensive experience fighting these orders in court and has had a number of them overturned.
The law in this area can be complicated and is always changing.
The FAPA restraining order statute can be found at ORS 107.718. The three key factors that the court must find to uphold a restraining order are:
1. There has been abuse within the last 180 days,
2. That there is an imminent danger of further abuse, and
3. The respondent presents a credible threat to the safety of the petitioner.
(1) “Abuse” means the occurrence of one or more of the following acts between family or household members:
(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.
(b) Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.
(c) Causing another to engage in involuntary sexual relations by force or threat of force.
The stalking order statute is at ORS 30.866.
The key elements that must be proven to uphold a stalking order are:
1. Repeated and unwanted contacts,
2. That alarm or coerce the petitioner,
3. It's objectively reasonable for the petitioner to be alarmed or coerced by the contacts, and
4. It has caused the petitioner reasonable apprehension or fear for their personal safety.
The language in these statutes can be open to interpretation and an effective attorney must have an understanding of all of the relevant caselaw that has explained and defined these terms. If you are a loved one are facing a protective order of any kind, please call us to determine the best course of action.