If your relationship contains a domestic violence component, it can be scary for both you and your children. In an Oregon family law context, there are several remedies and options that you should consider to ensure your safety, and the safety of your children. Although the court system has the mechanisms in place to assist you with this process, having a Portland attorney that specializes in domestic violence cases can help ensure your and your children’s safety.
If you or your children have been exposed to domestic violence, first please reach out to one of the many services provided in Oregon to ensure you and your children are in a safe place. Once you are n a safe space, Pierson Family Law, LLC, and Jason K. Pierson offer legal services to families and individuals in Portland who are seeking a protective order or defending against a spurious restraining order.
Protection Under Oregon Law
Oregon provides protection to individuals and their children who have been the victims of domestic violence through the adoption of the Family Abuse Prevention Act. In these cases, the abused individual or “survivor” must show that there has been an act of abuse within the past 180 days of filing for the restraining order, that there is imminent danger of further abuse, and that the accused is a credible threat. The Court’s of Oregon have systems in place to obtain these restraining orders, or Pierson Family Law, LLC can assist you in this process. Oregon law provides that the court can also award emergency temporary custody of a child if the filing party meets their burden. Therefore, these orders are often contested after initially obtained.
If the alleged abuser requests a hearing, both parties will have to attend a hearing to determine if the restraining order will remain in effect. Pierson Family Law, LLC provides legal services to ensure that you and your children remain safe by providing compassionate advocacy at the time of that hearing.
Defense of Accused
Unfortunately, because of the broad power of the court to award remedies related to custody and parenting time under the Family Abuse Prevention Act, there are some who seek to take advantage of the system by making false accusations. This tactic is reprehensible, because it undercuts the system’s ability to protect those who are truly in need of the protections afforded under this important protection. If you have been accused of domestic violence, and you have not committed an act of abuse, Pierson Family Law, LLC welcomes you to call and discuss your legal options.
If you are seeking protections afforded under Oregon law due to your spouse’s abusive behavior, or you have been unjustly accused of abuse, talk to Pierson Family Law, LLC, for guidance. With compassionate advocacy, Attorney Jason Pierson can help.