What relief can the court award in a restraining order
This post is the third in our series on Oregon’s “Family Abuse Prevention Act” restraining orders. The first post was on who is eligible to get a restraining order. See post here. The second post was on what you have to show to a judge to obtain a restraining order. See post here. This post is about what types of relief the court can order when issuing a restraining order. Some relief is mandatory, and some is discretionary:
If you meet the requirements of the statue, the court:
Must grant a restraining order.
If there are minor children of the parties, the court must award temporary custody to the moving party unless the moving party asks that it be awarded to the other parent. UCCJEA
If the court awards parenting time to the respondent, the parenting-time order must provide adequately for the safety of the child and the petitioner. ORS 107.718(4).
If requested by the party who is awarded custody of the child, the court must order a peace officer to assist in recovering the child and must authorize the use of any reasonable force necessary to that end. ORS 107.732(1). See §4.71, infra.
If requested, the court must order that the respondent be required to move from the petitioner’s residence if the parties are married, if the residence is jointly owned or rented by the parties, or if the title or lease is held solely in the petitioner’s name. ORS 107.718(1)(b).
If the court requires the respondent to move from the petitioner’s residence, it must also order that the respondent be restrained from entering or attempting to enter a reasonable area surrounding the petitioner’s current or subsequent residence. ORS 107.718(1)(c).
If requested, the court must order that a peace officer accompany the party who is leaving (or who has left) the parties’ residence to assist in removing essential personal effects of the party or the party’s child. The term essential personal effects includes clothing, toiletries, diapers, medications, Social Security cards, birth certificates, identification, and tools of the trade. ORS 107.718(1)(d).
9. (§4.44) Restraint of Respondent
The restraining order restrains the respondent from intimidating, molesting, interfering with, or menacing the petitioner and a child in the petitioner’s custody, and from attempting any of these acts. ORS 107.718(1)(e)–(f).
0. (§4.45) No-Contact Provisions
If requested by the petitioner, the court must order that the respondent have no contact with the petitioner in person, by telephone, or by mail except as described in the order’s parenting-time provisions.
The court must set a security amount of $5,000 unless specified otherwise at the court’s discretion. ORS 107.718(5).
DISCRETIONARY RELEIF
The court has authority to restrain the respondent from entering or attempting to enter any premises in addition to the petitioner’s home when it appears to the court that the restraint is necessary to prevent the respondent from intimidating, molesting, interfering with, or menacing the petitioner or a child in the petitioner’s custody. ORS 107.718(1)(g)
2. (§4.48) Other Relief NecessaryThe “other relief necessary” provision can be used to order relief particularly drafted to meet the safety needs of an individual petitioner and his or her children. ORS 107.718(1)(h). The court may use this provision to restrain the respondent from activities including the following:
The court may order additional relief if necessary to provide for the safety and welfare of the petitioner and a child in the petitioner’s custody, including but not limited to emergency monetary assistance. ORS 107.718(1)(h). See §4.49, infra.
• Visiting locations in addition to the ones authorized under ORS 107.718(1)(b) and (g). For example, the court might restrain the respondent from entering the petitioner’s mother’s house if that is where the petitioner and the children spend each weekend.
• Contacting the petitioner through third parties.
• Purchasing or possessing weapons. A violation of this prohibition exposes the respondent to a state court sanction for contempt of court. Otherwise, the respondent faces potential federal criminal liability for weapon purchase or possession in some circumstances. See §4.75, infra.
• Coming within a defined radius of the petitioner’s person, for example, 150 feet.
• Engaging in any other activities that would compromise the safety of the petitioner or child.
First, the court must grant a restraining order at ex parte if you meet all of the requirements of the statue.
H. (§4.32) Mandatory Relief at Ex Parte Hearing
1. (§4.33) Temporary Custody and Parenting Time
a. (§4.34) Paternity
b. (§4.35) Jurisdiction over Custody in FAPA Proceedings
2. Temporary Emergency Jurisdiction
a. (§4.36) When No Previous Order Exists
3. (§4.38) Custody Determinations When a Previous Oregon Custody Order Is in Place
4. (§4.39) Parenting Time
5. (§4.40) Police Assistance to Recover Child
6. (§4.41) Ouster
7. (§4.42) Surrounding Areas
8. (§4.43) Peace Officer Standby
9. (§4.44) Restraint of Respondent
10. (§4.45) No-Contact Provisions
I. (§4.46) Discretionary Relief at Ex Parte Hearing
1. (§4.47) Further Restraint of Respondent
2. (§4.48) Other Relief Necessary
a. (§4.49) Emergency Monetary Relief
b. (§4.50) Other Appropriate Relief
J. (§4.51) Security Amount
K. (§4.52) Duration of Relief
