Salem Domestic Violence Attorney
Unfortunately for some families, domestic violence is a terrifying reality. The purpose of protective orders is to help victims of domestic violence get out safely. However, protective orders are sometimes used to gain leverage in divorce and child custody cases. In order to avoid losing access to home and children, you need an attorney who can step in and contest the order. As a family law and criminal defense attorney, I am well-prepared to challenge protective orders. I am attorney Daniel J. Lounsbury. For years, I have assisted clients in Salem with issues surrounding protective orders and domestic violence.
Restraining Order Lawyer In Marion County
If your former spouse or dating partner has a restraining order against you, I am prepared to take steps to challenge the order. As a criminal defense attorney, I am also prepared to defend you against any criminal charges that have been filed. My ability to handle both civil and criminal cases simplifies the process for my clients – knowing that you can rely on one lawyer to handle your legal issues can offer you a great deal of peace of mind.
I also represent victims of domestic violence. No one deserves to be abused, and if your partner has abused you, I will help you secure a protective order. As a Salem domestic violence lawyer, I will defend the order in court if your ex-partner challenges it.
Understanding The 21-Day Hearing Process In Marion County
When someone serves you with a restraining order in Oregon, the court typically grants a temporary order immediately. Once served, you have 30 days to request a contested hearing. If you file a request, the court will then schedule the hearing within 21 days.
At the hearing, both sides present evidence and testimony. For a Family Abuse Prevention Act (FAPA) restraining order, the petitioner must prove that abuse occurred. For a stalking protective order, the petitioner must prove that a pattern of stalking occurred. If you’re facing this hearing, I can help prepare a strong defense by gathering evidence, interviewing witnesses and challenging the petitioner’s claims. If you’re seeking protection, I can build a compelling case to show the court why you need the order.
What Qualifies As Abuse Or Stalking In Oregon?
Under Oregon law, abuse includes physical harm, fear of imminent serious physical injury or sexual abuse between family or household members. Stalking involves repeated unwanted contact that causes reasonable fear or alarm. Criminal harassment is a separate offense and does not serve as a standalone ground for obtaining a civil restraining order.
Judges look for concrete evidence. Text messages, emails, photos of injuries, witness statements and police reports carry significant weight. The court wants to see a pattern of threatening or abusive behavior, not just isolated arguments or general relationship conflict. A single heated disagreement or nonthreatening communication usually doesn’t meet the legal threshold.
Understanding what qualifies and what doesn’t can help me build a realistic strategy for you. Whether you’re seeking protection or defending against false allegations, I guide you through what evidence matters and how to present it effectively.
Modifying Or Terminating An Existing Restraining Order
Circumstances change. You may need to modify or terminate a restraining order for legitimate reasons. If you are the respondent and the 30-day window to contest has passed, I can help you file a motion to modify specific terms of the order, although we cannot file a motion to dismiss it entirely.
The court evaluates whether conditions have genuinely changed and whether public safety concerns remain. I help clients navigate this process in both family law and criminal contexts. If the restraining order affects your custody arrangement, divorce proceedings or pending criminal charges, I will coordinate all aspects of your case to protect your rights and your family’s future.
Contact Daniel J. Lounsbury Attorney at Law
Schedule a consultation by contacting my office in Salem, Oregon, at 503-967-3119 or 800-615-7072.