Restraining Order During Divorce

Oregon Divorce Frequently Asked Questions

No information below should be relied upon as formal legal advice. These answers should not be used in place of a personal consultation with a qualified lawyer.

Will obtaining a restraining order against my spouse help me in my Oregon divorce?

The topic of getting a restraining order during divorce comes up frequently. The issue is simple: A Family Abuse Protection Act (FAPA) restraining order should never be used simply for a perceived strategic advantage in a divorce. Restraining orders are serious affairs, and should only be used when there is a honest belief of imminent harm to yourself or your children. Improperly applying for a restraining order (that is, when there is no genuine need) can have many long-term consequences, and can adversely impact you during a divorce. The bottom line is that if you or your children are in true danger of abuse, a FAPA is appropriate. If you are unsure, you should discuss the matter with a family law attorney as soon as possible.