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8/31/2018

Oregon Restraining Order Questions

1 comment:

  1. In my opinion you need to be careful because she may be trying to allege that your friend violated the 1st order when he went to meet with her after her "catfishing". In that situation your friend will have a more serious problem than just the possible renewal of her order or whether he can get an order in the reverse direction: he faces possible criminal charges for violating the 1st order. Yes, the first alleged violation may have been accidental and he didn't know she was catfishing. But if he met up with her a total of four times in response to alleged catfishing, it will become increasingly difficult for him to claim that he didn't know what was going on.


    Remember that a restraining order bars ALL contact (assuming that is what the order says); there is no exception allowed for contact that the protected party initiates or encourages. In my view your friend needs an attorney. Yes, there may be a case for an order in the reverse direction, but the danger of an allegation of one or more violations of the 1st order requires an attorney. If you don't have an attorney yet, I would consider asking the judge for a continuance to allow your friend time to retain an attorney.



    It is not unusual for someone seeking a protective order to deliberately set up situations where there will be contact so as to create more evidence. Angela--the woman who got some now expired orders against me--did a bit of that although to be fair it wasn't to the extreme that your friend's ex seems to be doing. But your friend needs to be very careful because it sounds like an allegation has been made or is about to be made that your friend violated the order when he met up with the ex.

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