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Temporary Restraining Orders

Eligibility

You can get a Temporary Restraining Order (TRO) if you are a victim of abuse committed within the last six (6) months and fear more abuse in the future. The law says that you have been abused if your attacker has:

  • Physically abused you or attempted to physically abuse you, or
  • Made you afraid of serious bodily injury in the near future, or
  • Made you have sexual relations against your wishes by using force or threat of force.

And

  • You are at least 18 years old, or “emancipated” (a legal action) or
  • Younger than 18 and the abuser is 18 or older and is a spouse, former spouse, or a person whom you have been involved with in a sexually intimate relationship. In the latter instance, the court may need to appoint a temporary guardian for you.

You can get a Temporary Restraining Order against

  • Someone you are married to or used to be married to,
  • An adult relative (including in-laws and those related by adoption),
  • An intimate partner you now live with or have lived with (of the same or opposite sex),
  • A person who was your intimate partner (of the same or opposite sex) during the last 24 months,
  • The other parent of your minor child or children.

Protection that can be requested

A Temporary Restraining Order can protect you and your children in several ways. For example, it can:

  1. Designate who should have temporary custody of children you have with the respondent (the abuser). But the TRO cannot override any divorce provisions;
  2. Order the respondent, your abuser, not to molest, intimidate, interfere with or menace you and any minor children in your custody;
  3. Require your abuser (the respondent) to stay away from your residence, your place of employment, your school, or the place where your child care is provided;
  4. Order the respondent, your abuser, not to phone you or send you mail;
  5. Require the respondent/your abuser to move out of the house, if you and the abuser together own or rent your residence (you need to be on the lease or title), or if you are married to the abuser;
  6. Obtain police protection while the person who has been ordered to leave (you or your abuser) returns to the residence to remove personal belongings (clothing, legal documents, medications); or request police assistance in recovering the custody of your child (if custody is awarded to you);
  7. Provided needed special protection, such as ordering the respondent/abuser not to carry a gun.

How to get a Temporary Restraining Order in Wallowa County

Applying for a TRO is relatively easy and free of charge. The paperwork takes about an hour. If awarded, the TRO will be in effect for one year, unless you go to the court and ask that it be removed.

  • You will find the forms at the County Courthouse, located at 101 S. River Street, Room #204, in Enterprise.
  • If you need assistance in filling out the Request for a TRO, contact an advocate at Safe Harbors, at (541) 426-4004 (office).
  • The TRO will not be in effect until the respondent/abuser has been served and it has been entered into the Law Enforcement computer system.
  • The respondent/abuser has the right to request a hearing to contest the TRO. This must be done within 30 days. If child custody is contested, the hearing will be within 5 business days; otherwise a requested hearing will be held within 21 days.
  • If you are notified of a hearing, you MUST appear or it will be dismissed. (There may be the possibility you could appear by phone.)
  • Be sure to carry a copy of your TRO with you at all times.
  • If you need a TRO for longer than a year, you must go to the Courthouse BEFORE the end of the year that it protected you and complete the papers for renewal.

Temporary Restraining Order Violations

  1. If you want the TRO to work for you, you must report any violations to the police. Or if you are put in danger, call 911. Request that the officer who comes to the scene file a police report.
  2. To find out if charges have been filed, you may call the District Attorney’s (DA) office. You should also call the DA and explain what happened. You may ask the DA to prosecute your abuser for violating the TRO whether or not the police arrested him for violating the order.

 

© 2008 Safe Harbors