Violation of Restraining Orders
When someone has been charged with a domestic violence offense, it is common for a restraining order to be filed as well. In Oregon, a person has 30 days to challenge a restraining order if they believe that it was issued unfairly. At the hearing to challenge the order, the one who requested it needs to prove that the restriction order is, in fact, necessary.
If a restraining order has been filed, it is important to follow the restrictions that were approved by the court. Typically, these restrictions include avoiding contact with the victim, possibly avoiding contact with any children involved, moving out of a current residence if the victim resides there, and being restricted from owning firearms. These restrictions can make it especially challenging to continue leading a normal life, making it important to have representation from a qualified defense attorney. If there is any contact with the victim or if you own firearms, the restraining order is being violated.
In Oregon, violating a restraining order isn’t a crime; however, you could be held in contempt, which does have penalties. Whether you intended to violate the restraining order or not, or whether you believe it was filed unfairly or not, contempt can result in either six months in jail or a fine up to $500. It is important to understand that when a restraining order is issued, you are legally required to follow it.
If you have been charged with violating a restraining order, get in touch with Donahue Law Firm as soon as possible. Our team of defense attorneys fully understand the court system and Oregon law and will use their knowledge and experience to fight for your case. Each situation is different, and we will give each case our full attention.