Category Archives: Domestic Violence

New Case Law – Definition of Abuse under Family Abuse Prevention Act

On August 10, 2011, the Oregon Court of Appeals decided Sacomano v. Burns. The Court of Appeals reversed the trial court’s decision to continue a restraining order after a hearing. The court found that, although the respondent had sent the … Continue reading

Posted in Domestic Violence, Legal Developments, News | 1 Comment

New Case Law – Family Abuse Prevention Act Restraining Orders

On July 13, 2011, the Oregon Court of Appeals decided Maffey v. Muchka. The Court of Appeals affirmed the trial court’s continuance of a restraining order based on the petitioner’s testimony that the respondent threatened her and physically intimidated her … Continue reading

Posted in Divorce, Domestic Violence | 2 Comments

Grounds For Stalking Protective Orders

As part of my Portland Oregon based divorce practice, I get a lot of questions from clients about limiting or preventing contact between themselves or a family member and another party for safety reasons.  We’ve posted 4 previous articles on domestic … Continue reading

Posted in Divorce, Domestic Violence | 3 Comments

Who can get a restraining order?

As Portland based family law lawyers, we field a lot of questions about restraining orders under Oregon’s “Family Abuse Prevention Act.”  Many are interested in getting help and keeping an abusive partner or household member away. Others have been served … Continue reading

Posted in Divorce, Domestic Violence | Tagged | 6 Comments

Can I sue my spouse for abuse?

     Clients often ask me about what remedies they have against an abusive spouse. In a divorce action, the issue of abuse is often completely irrelevant, especially in a case where there is no dispute over the parties’ rights … Continue reading

Posted in Dissolution, Divorce, Domestic Violence, Legal Developments, News | Leave a comment

Which divorce model is best for me?

Clients have a few options regarding a procedure model for their divorce case.  They can go the standard litigation route through the courts, engage in mediation, or use the collaborative divorce model.  There are costs and benefits to proceeding under … Continue reading

Posted in Alternative Dispute Resolution (ADR), Collaborative Divorce, Dissolution, Divorce, Domestic Partners, Domestic Violence, Legal Developments, Myths | Tagged , , , | 2 Comments

New Case Law: Restraining orders, easy to get, but harder to keep?

Oregon’s “Family Abuse Prevention Act” protects victims of domestic violence and allows victims of recent abuse to obtain protection from an abuser. ORS 107.700 et seq. While this is a necessary and valuable statute, it is also frequently misused as … Continue reading

Posted in Domestic Violence, Legal Developments | 5 Comments

News: Custody disputes extend to animals

In dissolution of marriage cases and any type of custody case, we automatically assume that the parties have a dispute over the custody of their children. Sometimes, though, the parties may be interested in settling a dispute over pets. CNN … Continue reading

Posted in Child Custody, Dissolution, Domestic Violence, News, Property Division | 2 Comments