What Kind of Restraining Order Do I Need?
A Quick Guide to Family Abuse Prevention Act Restraining Orders, Stalking Protective Orders, Elder Abuse Protective Orders
In Oregon, there are three different types of protection orders available. Most people are familiar with “restraining orders” and think of those as the default. However, in many cases, these orders do not apply to the given situation. This does not mean the survivor is without help. Although a “stalking order” may not sound like what you need, it is very possible that you qualify.
Restraining orders require that the victim/survivor and the abuser be of a particular relation. This means you must be related, by blood or marriage; in a sexually intimate relationship; be the unmarried parents of a child; etc. In other words, you must have some type of family relationship. The reason for this is that restraining orders were created under the Family Abuse Prevention Act. Please see http://osherlaw.com/info/restraining_orders/ for more information on restraining orders.
Stalking orders, however, can apply to any type of relationship between an abuser and a survivor. You can be related or you can have absolutely no relationship. The only thing that matters is your physical safety. If you meet the requirements as far as fear of your physical safety, you can qualify for a stalking order. Please see http://osherlaw.com/info/stalking_orders for more information regarding stalking orders.
The other protection order available is for the elderly and disabled under the Elderly Persons and Persons with Disabilities Abuse Prevention Act. This particular abuse prevention order covers much more than physical danger. This statute applies to emotional abuse as well as financial abuse of someone who is either age 65 or older or someone who has a disability (or both).
Once you have figured out which type of order will help you, make sure you start using the right terminology. There are too many people who walk into the courthouse, ask for a restraining order, are given the wrong paperwork and feel they are without help. If you need further assistance, please contact our office.