Matthew Watkins believes that protective orders are an important tool for protecting people using the court system, but unfortunately that tool is often abused. With regard to protective orders, Watkins plays both sides of the fence. Sometimes he helps people in need take out protective orders. Other times he defends against protective orders that have been granted when they shouldn’t have been.
A person may petition the courts for various types of protective orders under Oregon law. The most common type of protective order is a temporary restraining order to prevent abuse under FAPA, the Family Abuse Protection Act. Other types of protective orders include Orders to Prevent the Abuse of Elders or Persons with Disabilities and Permanent Stalking Protective Orders.
Protective orders are initiated ex parte, meaning the person who the subject of the restraining order is not present when it is first granted. The person who is taking out the protective order petitions the court by stating under oath that qualifying abuse has occurred. If the judge grants the order, it must then be served upon the respondent, the person who is being restrained. If the order is a permanent stocking protective order, a future court date will be set and an appearance by the respondent is mandatory. For other types of protective orders, the respondent is then given a limited amount of time in which they can request a hearing to contest the order. If the respondent does not request a hearing within the amount of time stated in the statute, they lose their right to contest the order.
If you’ve been the victim of abuse and would like to talk to an attorney regarding restraining order or other protective order feel free to reach out to Matthew Watkins for free advice about what your options are.
If you have been served a restraining order which has been unfairly granted, call Matthew Watkins now for a free consultation.