Protection From Abuse
by: Legal Aid Services of Oregon
| For immediate assistance,call 911. |
CONTENTS
What can I do if my spouse or someone I live with is abusing me?
Who can get a restraining order? Against whom?
How can I get a restraining order?
What can I do if someone is stalking me?
What protection is available to me if I have been sexually assaulted?
Are there other types of help available to me if I have been sexually or physically abused or stalked?
What can I do if my spouse or someone I live with is abusing me?
You can get a restraining order, which is an order from the court that tells your attacker to stop the abuse and to leave you alone. A restraining order can require your attacker to not do anything to harass you or your children, to move from your home, and to stay away from your job or school. The police must arrest your attacker if the restraining order is not followed.
Restraining orders can also include temporary custody and parenting time orders.
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Who can get a restraining order? Against whom?
You can get a restraining order if you are in imminent danger because your attacker has physically abused you or attempted to physically abuse you; put you in fear of bodily injury; or made you have sexual relations against your wishes by using force or threats of force.
You can get a restraining order against someone you are or were married to; adult relatives; a lover you live with or used to live with (of the same or opposite sex); a person who was your lover (of the same or opposite sex) during the last 24 months; and the other parent of your minor child. If you are under 18, you can get a restraining order against a person who is 18 or older if the person is someone you are or were married to, or if you have ever had a sexual relationship with the person.
If you are 65 years old or older, or a person with a disability who has been the victim of physical abuse, sexual abuse, neglect, ridicule, harassment, coercion, intimidation by anyone , including a caregiver, or exploitation by sweepstakes promotion you can get a restraining order if you are in immediate danger of further abuse.
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How can I get a restraining order?
You can ask for a restraining order in a restraining order lawsuit. Forms and instructions are available at all courthouses. Domestic violence shelters and crisis lines, and legal aid offices also have information about getting restraining orders. There is no filing or service fee for these restraining orders.
If a divorce or separation case has been filed, you can also ask for a restraining order as part of that case. You will probably need an attorney to help you get this type of restraining order. If the restraining order deals only with stopping abuse, there is no filing or service fee.
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What can I do if someone is stalking me?
If someone has made you afraid for your physical safety by injuring you, physically or sexually abusing you, committing a crime against you (or your pets or property), threatening you (either by phone, in writing, or in person), following you, watching you, or otherwise stalking you, you may qualify for the protection of a stalking order.
The court has the power to order someone not to contact you when that person has repeatedly (twice) stalked you and made you reasonably afraid for your physical safety.
You can get a stalking order against anyone who has "stalked" you. You do not need to be related to the stalker in order to get protection. You can get a stalking order for your protection, or for the protection of a member of your immediate family or household.
Depending on what county you live in, you may get a stalking order through the police or through the courts. There are no filing or service fees for stalking protective orders.
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What protection is available to me if I have been sexually assaulted?
You may be able to get a restraining order against the attacker, if the attacker is someone you are or were married to; an adult relative; a lover you used to live with (of the same or opposite sex); a person who was your lover (of the same or opposite sex) during the last two years; or the other parent of your minor child.
If you do not qualify for a restraining order because you are not related to the attacker or have never had a sexual relationship with him or her, you may be able to get a stalking order. You can only get a stalking order if there have been two contacts by the attacker.
If you do not qualify for a restraining order or for a stalking order, there may be some protection available to you through the criminal justice system if a police report has been made and if the case is being prosecuted.
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Are there other types of help available to me if I have been sexually or physically abused or stalked?
Yes.
Financial assistance: If you are a victim of domestic violence and you are pregnant or have minor children who live with you, you may qualify for special financial assistance from the Department of Human Resources. If you are currently a victim of domestic violence, or are at risk of domestic violence, and you need financial help to be safe, you should contact your local Department of Human Services office and ask about Temporary Assistance for Domestic Violence Survivors (TA-DVS). A limited amount of money may be available to help you.
Housing assistance: If you are a victim of domestic violence, sexual assault, or stalking, and you need to move out of your home to be safe, you can terminate your lease early by giving your landlord 14 days written notice of termination. To qualify for this relief, you must provide the landlord with a copy of a court’s stalking or restraining order, a police report, or a statement made by a law enforcement officer.
If you want to stay in your home but need the locks changed for you safety, you can ask the landlord to change the locks. If the landlord does not change the locks promptly, you can change the locks yourself. You must give the landlord a copy of the new key if you change the locks yourself. If the person who has abused you is on the lease with you, you cannot have the locks changed unless you have a restraining order which orders the abuser to move out of you home.
Unemployment assistance: If you are forced to quit your job because of domestic violence, you may qualify for unemployment benefits if a reasonable person in your situation would have felt forced to quit for safety reasons, and if before quitting you tried other ways to keep yourself safe.
Immigration assistance: If you are not a U.S. citizen or lawful permanent resident and you have been abused in the U.S. by a U.S. citizen or lawful permanent resident who is your current or former (within the last 2 years) spouse, you may qualify for special immigration assistance. You may also qualify for this assistance if you are the child of an abusive parent citizen or lawful permanent resident, or if you are the other parent of a child abused by a U.S. citizen or lawful permanent resident. These laws are very complicated and you should seek help from and attorney for more information.
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If you are a victim of domestic violence, sexual assault, or stalking, you should contact a local domestic violence or sexual assault services program, the police, a legal aid program, or a lawyer, for support and to see if the law can help in your situation. |
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