Domestic violence continues to be a problem in Oregon and throughout the U.S. While committing acts of domestic violence is against the law, it still occurs. To protect victims of domestic violence, all states have orders of protection available to them. People who violate orders of protection may face criminal charges that carry stiff penalties.
There are three types of orders of protection, including emergency orders, protection orders, and restraining orders. Emergency protection orders may be issued by a police officer who has responded to a report of domestic violence. This order forces the abuser to leave the home and to stay away for a short period.
Protection orders are issued by judges after a hearing. When a victim applies for a protection order, the court may issue a temporary order and a hearing. The temporary order will be valid until the hearing date. Both parties will have the opportunity to present evidence at the hearing. If the court finds that a protection order is necessary, it may be issued. Protection orders might include no contact provisions, orders to stay away from the home or workplace of the victim, and others.
Restraining orders are orders that restrain people from doing certain things. In divorces, for example, a restraining order might prevent both spouses from selling or giving away property while the divorce is pending. People who have been accused of committing acts of domestic violence or of violating protective orders may want to talk to experienced criminal defense lawyers as soon as possible. The attorneys might defend against protection order requests at hearings. If their clients are accused of violating protective orders, the attorneys may vigorously defend them against the allegations to protect their clients’ liberty interests. In some cases, the lawyers might win dismissal of the charges against their clients.