Oregon Protective Orders
When people come to our law firm seeking protection from an abusive situation, they sometimes do not know what kind of protective order is needed for the situation. Our firm has experienced attorneys to help you determine the type of Oregon protective order needed. When one is in imminent danger of further abuse, it is important to avoid delays by choosing the correct type of protective order and explaining how the facts of a situation meet the requirements for the protective order sought. The attorneys at Clark Law and Associates, LLC can help with choosing the correct protective order and assist with stating the relevant facts on the petition, so the protective order is more likely to be granted.
The three most common types of protective orders to protect people from abuse in Oregon are:
- F.A.P.A. orders. (Family abuse prevention act) These are commonly known as restraining orders.
- Stalking orders
- E.P.P.D.A.P.P.A. orders (Elderly persons and persons with disabilities abuse prevention act) are commonly called elder abuse orders, even though these orders include those with disabilities.
Do I need an Oregon attorney to represent me in a protective order? Many effectively represent themselves in protective proceedings. Sadly, non-attorneys sometimes fail to emphasize the relevant facts and sometimes fail to follow the rules of evidence, which can cause an unnecessary loss. The attorneys at Clark Law and Associates, LLC are experienced in handling the various types of protective orders, which gives our clients a better chance of prevailing in a contested hearing or negotiating a reasonable settlement in light of the evidence. While we can represent a petitioner at the initial ex parte hearing (a hearing where only the petitioner is heard) and throughout the entire process, some petitioners initially obtain a temporary protective order without legal assistance and then seek legal assistance if the protective order is contested. Ideally, we prefer to assist with the initial paperwork to assure the petitioner has chosen the correct type of protective order and assist with articulating the relevant facts. However, if there is no time to obtain counsel, it is better to get an initial temporary order without counsel, than to be without protection. After a protective order is served on the respondent, we can represent either the petitioner or the respondent at a contested hearing, which is a trial before the judge where both sides can present evidence in their favor and cross-examine witnesses. Sometimes we negotiate and customize a settlement in light of the evidence that may better meet the needs of our client, and often the opposing party, without the risk of a contested hearing.
No Conflicts of Interest: The attorneys at Clark Law and Associates, LLC can only represent one party, not both, even if the goal is to reach a settlement. When a prospective client calls our law firm at (503) 238-1010, we will need the names of the involved parties prior to hearing your story so we can verify we do not represent the opposing party. We zealously represent our clients and the opposing party should not expect advice from us.