Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Domestic Violence Restraining Order

Oregon law defines domestic violence as assault, threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual conduct, burglary, trespassing, harassment, and stalking committed by a family or household member.  The court will examine the relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.

Oregon law provides for a domestic violence restraining order for victims of domestic abuse.  There are two types of orders – a temporary restraining order and a permanent restraining order.  A temporary order, which lasts 30 days, may be given to you on the day you file your Petition for a Restraining Order if the judge believes you are in imminent danger.  A permanent restraining order cannot be issued until the alleged abuser is given a chance to recount his or her side of the story.  The temporary restraining order will be issued for the length of time that you have to wait until your hearing.

After you file your Petition for a Restraining Order, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each given a chance to present your respective sides of the story, the judge will decide whether or not to issue a permanent restraining order.  If your petition is granted, it will run anywhere up to one year, though you may apply for a renewal which may be granted subsequent to a hearing.

If, after your hearing, you are granted a domestic violence restraining order, it is likely to order the abuser to do the following things: not commit or threaten any acts of domestic violence; stay away from your home, school, or work or any other place that is necessary to protect you; pay the rent on your previously shared home; not contact you or anyone else that is necessary to protect; not possess or purchase any firearms; attend domestic violence counseling; undergo a psychiatric evaluation; and anything else necessary to prevent further abuse.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages. It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Oregon who have been victims of domestic violence can be found here.