Steps To Get The Restraining Order In Oregon

If your partner threatens or abuses you in Oregon you can get a restraining order from the court which will keep that person away from you and your children, if you have any.  Here are the steps that you have to follow in order to keep yourself safe from that person.

Make Sure That You Are In A Safe Place

Your safety is the first priority and makes sure that you and your family are in a safe place if it needs you to move for some days, do that.

You Should be Qualified

There are some parameters that you should fulfill in order to get qualified to apply for the restraining order in Oregon.

You must be eighteen years or older than that
You should be in a married or sexual relationship with that person to apply for a restraining order.
The restraining order can be filed against any person with whom you have been in a relationship without even living with them. The opposite person must be an adult too.
If you are below 18 years and yet faced any such abuses, your parents must file the restraining order against that person.

Know About Stalking Order

Stalking order is issued when you or your family person have been sexually abused. That person should’ve made an unknown contact with you or any of your family once in a year. The contact should be like a threat to your life. There are many Oregon stalking laws that will help you in keeping yourself safe from these stalkers.

Get the Order

You have to get the Oregon state form that must be filled. You can take help from the measure 11 attorneys in Oregon in order to fill out these forms and submit it to the court.  After filling the forms with necessary details sing it in the presence of notary public and file it in the courthouse of the county in which you live in. Meet with the judge and explain all the situations with him/ her. Get the order served for the person who abused you. You can renew the order if needed.

These are the steps that you have to follow in order to keep yourself from the stalkers.

How Can You Differentiate A Stalking Order From A Restraining Order?

In order to make sure that a country is safe from all kinds of internal disruptions and all the citizens are behaving in a proper manner, the presence of vehement laws is extremely important. It is basically a system that reaches out to the people to look after the fact that they adhere to the specific will of the state. Without these laws, the peace and serenity of the society would tend to get disrupted.

Now, according to the various laws enforced through governmental or social institutions, stalking and restraining laws of a country holds an important position in the advent of safety of the citizens. So in order to understand these laws individually, you first need to see the differences between a restraining order and a stalking order.

Consequences For An Order Violation

As per the Oregon stalking laws, most of the stalking orders are of permanent nature, leaving aside a few exceptions. Whereas, most of the restraining orders are meant to last for about a year and is required to be renewed in the court by the respective petitioner. Moreover, violating a specific stalking order is a grave criminal offence for which you might have to go to behind the bars for around a year.

 In the same context, the violation of the restraining order is not a criminal offence in itself but it proves to be contempt of the court and has a punishment for about six months behind the bars. If the violation of stalking and restraining order in Oregon is repeated for the second time then the person violating the stalking order might go to jail for a longer period of time depending upon his criminal background. Whereas, the punishment for violating the restraining order for the second time still remains to be six months. 
   
Terms For Order Qualification

In most cases, it has been observed that getting a stalking order is much easier as compared to obtaining a restraining order. A restraining order is issued to a person who goes through severe cases of actual abuse in place of just a contact as in the advent of a stalking order.

The Eugene criminal defense attorney clears the fact that for obtaining a restraining order, an act of abuse is mandatory, and for a stalking order, at least two contacts are required. In both the cases, the trials are heard by a specified judge in place of a jury.

Requirement Of A Criminal Defence Lawyer

Whenever people are stuck in the procedures of obtaining a restraining or stalking order, it is always advisable to hire a professional criminal defence lawyer. This is because all the legal procedures are associated with a number of paperwork, trial pleadings, and extensive patience.

Without the presence of a lawyer who has sound knowledge of all these aspects of law, you would tend to lose your track and end up in a huge mess of legal possibilities. Therefore, in order to obtain the restraining and stalking orders without any hassles, always consult a professional criminal defence lawyer.

All You Need To Know About Stalking Orders In Oregon

Stalking is a criminal offense. It is a behavior that can intimidate another individual or induce fear or coerce that individual. It may include harassing them or closely following or monitoring that person. If you have experienced this it is recommended to file a stalking order in Oregon.

If you are unfamiliar with the term, I am here to help you.

A stalking order is a protection given to a victim who has been repeatedly harassed or coerced or even suffered unwanted contact by an individual or group.

It is different from a restraining order in Oregon. While a stalking order is a court order against a person who has been accused of stalking, a restraining order is against a person who has committed domestic violence. So, you should not get confused between the two.

Even though stalking is a crime, it is not yet one, which requires the services of a measure 11 attorney in Oregon.

Some common behaviors of stalking are-

Being followed closely or monitored constantly
Finding someone waiting outside your home or workplace
Committing a crime against you
Getting constant texts, emails or phone calls posing a threat to your safety

Now, a stalking order cannot be filed without a set of requirements. These are as follows-

Two Or More Contacts-
You or a member of your immediate household or family must experience such contact at least twice in the last two years.

Age-
You can be of any age to get a stalking order. But if you are a minor that is under 18, you must have a guardian to file the order for you. It is not necessary to be of 18 years of age.in case of a minor, the guardian is called a “guardian ad litem”.

Contacts Should Coerce-
You should be sure that these contacts coerce or cause fear in you. The contact should cause you to feel alarmed. If you or any of your immediate family member feel threatened about your safety then you can file this order.

Special Rules-
If you have been receiving phone calls or text messages or emails, then you must prove that these contacts make you feel alarmed and make you fear your safety. Also, you need to prove that these contacts intend to pose a direct threat to you.

How To File For A Stalking Order In Oregon?

An order must be filed in the courthouse of the county where the contact took place or where the stalker lives. For filing the order no payment is required. It is completely free.

Now, while filling up the form, no private data should be disclosed. The person who has committed the crime is the “Respondent” and you are the “Petitioner”. Fill the petition completely and carefully. After the form is filled it must be submitted to the court.

After the petition is filled and submitted to the court. The judge asks you some questions usually under the oath. You must answer truthfully. And if the judge decides that your conditions fit the requirements of the law, he/she gives you a ‘Temporary Stalking Protective Order”.

Thereafter a hearing is scheduled and the judge decides whether the temporary stalking order should be made permanent.

I hope the above points have cleared all your queries about this order. If you are experiencing this please take immediate actions.

Visit here to know about Oregon stalking laws.