Emergency and Restraining Orders

Our priority is ensuring that clients receive immediate assistance in obtaining the necessary legal orders to safeguard their well-being.

Emergency and Restraining Order Topics Covered

Legal Protection When it Matters

At Stannard and Batalden Family Law, we provide experienced representation for clients seeking FAPA restraining orders, emergency custody orders, and other immediate protective measures in Oregon.

Whether you're facing threats of abuse, concerned about your child's safety, or unsure how to respond to a restraining order filed against you, we’re here to help quickly and confidentially.

Protective Orders We Handle

Whether you and your spouse are working together or at odds, there is a process to support your situation:

FAPA Restraining Orders

Under Oregon’s Family Abuse Prevention Act (FAPA), individuals who have experienced abuse by a family member, household member, or intimate partner may petition the court for a restraining order. FAPA orders can restrict contact, grant temporary custody, and provide exclusive use of a shared residence. These orders are often granted the same day a petition is filed and remain in effect for two years, unless modified or dismissed.

Immediate Custody Danger Orders

If a parent believes their child is in immediate danger due to abuse, neglect, or unsafe living conditions, the court may issue a temporary order changing custody or parenting time. These motions require specific legal criteria and must be supported by credible evidence. If granted, a hearing is typically scheduled within 14 days.

Protective measures may also be sought during divorce or custody proceedings to prevent harassment, preserve safety, or restrict parental conduct. These may include status quo orders, emergency parenting plans, or temporary no-contact provisions tailored to the situation.

Protective Orders During Family Law Cases

Is This The Right Option for You?

Seeking a restraining order or emergency custody change may be appropriate if:

  • You’ve been recently harmed, threatened, or abused by a current or former partner

  • Your child is unsafe in the other parent’s care due to violence, substance use, or neglect

  • Someone has violated an existing custody agreement in a way that places your child at risk

If you’re unsure whether your situation qualifies, we encourage you to speak with us. We provide a confidential space to explore your options and act quickly when needed.

What To Expect from Our Team

We prioritize urgent cases and offer fast turnaround for time-sensitive filings.

  1. Filing Your Petition
    We prepare the required documents, affidavits, and evidence needed to request court protection.

  2. Court Hearing
    We appear with you at any hearings the court schedules. We represent you, present your case, and respond to any challenges from the other party.

  3. Ongoing Legal Support
    If long-term safety measures or custody changes are needed, we continue to represent your interests and ensure legal protections remain in place.

“Mindy Stannard was Amazing! I was struggling with a custody battle of my two children. Not only did I get my children back but she helped put protect in place for their futures as minors.” — Victor

“I hired Austin for my divorce and recently for my custody case. Austin is one of the most genuine people I have ever met - she is very knowledgeable about family law and puts the child’s interests above everything else. She is not only a great lawyer, but a very patient, strategic advisor on how to proceed with your case. She responds quickly and communicates very well..” — Meeta

Frequently Asked Questions

  • As it relates to Oregon’s Family Abuse Prevention Act, “Abuse” is defined as one or more of the following acts between family or household members:

    • Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.

    • Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.

    • Causing another to engage in involuntary sexual relations by force or threat of force.

    (ORS 107.705)

  • Police reports are not a required. However, the party seeking protection has the burden of proving the abuse claim by a preponderance of the evidence. Police reports can be valuable evidence to support a claim of abuse.

  • Oregon law allows victims of abuse to file without advance notice to the other party. However, once a restraining order is granted, the other party must be personally served. Typically, service is carried out by the local sheriff’s office where service is taking place.

  • Oregon law allows parents to seek temporary custody of, or parenting time with, a child when the child is in immediate danger.

    The factors the court considers for immediate danger and restraining orders are different. A restraining order is not required to prove a child is in immediate danger.

Get in touch.

We welcome inquiries and requests for consultations.

info@msabfamilylaw.com
(503) 564-7009

Hours: 

Monday 8:30 AM–5 PM
Tuesday 8:30 AM–5 PM
Wednesday 8:30 AM–5 PM
Thursday 8:30 AM–5 PM
Friday 8:30 AM–5 PM
Saturday Closed
Sunday Closed

Our Service Areas

Portland, OR
West Slope, OR
Raleigh Hills, OR
Garden Home-Whitford, OR
Metzger, OR
West Haven-Sylvan, OR

Beaverton, OR
Hillsboro, OR
Cedar Hills, OR
Aloha, OR
St. Helens, OR
Huber, OR

Lake Oswego, OR
Tigard, OR
Wilsonville, OR
Oregon City, OR
Englewood, OR
McMinnville, OR