Download Restraining Order Forms For Oregon
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FAQ
If you receive a restraining order, it will likely appear on your record if it goes from being a temporary order to a permanent one during the court hearing. If the petition for a permanent restraining order is denied, then it is possible that the order will be expunged from your record.
Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.
While Restraining Orders can be used as a preventative measure, No Contact Orders are typically filed after a dispute has taken place; these orders are filed in domestic cases, and in some instances, other criminal offenses involving an alleged victim.
The stalking contacts must cause you to feel alarmed (fearful of danger) or coerced (forced). The feeling of alarm or coercion must be objectively reasonable. This means that the average person would also feel alarmed or coerced by the contacts.
A restraining order can be dismissed by the petitioner (the person who filed the restraining order) by the filing of a written request for dismissal. A judge can also dismiss the FAPA order after a hearing on the merits, if the judge finds that there aren't grounds upon which the restraining order can stand.