Understanding How Protective Orders Help Fight Domestic Violence

May 17, 2012

The Oregon Family Abuse Prevention Act aims to protect families around the state from the ravages of domestic violence. One of the tools in the arsenal of legal weapons designed to fight against abuse is the protective order, sometimes known as a "no-contact order."

Like their name implies, protective orders are designed to keep one person a specific distance away from another person or location, thus protecting the one who sought the order from imminent physical harm. The protection they offer is often extended to include children and vulnerable loved ones. The orders are designed to act as a deterrent, promising negative consequences like jail time, probation, fines and a charge of contempt of court if they are violated.

Restraining orders, on the other hand, are similar to protective orders in some respects, but they generally cover property and assets instead of people. They are often used to prevent one person -- commonly a former spouse or soon-to-be former spouse -- from interfering with, squandering, destroying or hiding assets before a property settlement agreement can be finalized. Temporary restraining orders are also used by Oregon family courts to make short-term custody and visitation arrangements until a more permanent solution can be found.

Seeking an Order

Sometimes the party who needs the protections offered by a protective or restraining order isn't sure of how to go about seeking one. Luckily, the state of Oregon makes it relatively straightforward to apply. Applications are available at each county's courthouse, and there is no charge to seek an order. Even though the application process itself isn't terribly complicated, having the counsel of a skilled family law attorney throughout can take the stress and uncertainty out of the equation of seeking a restraining or protective order.

Article provided by The Law Office of Thomas M. Brasier
Visit us at www.brasierlaw.com