Let’s say that your client could potentially prevail and that they have not met this criteria of causing bodily injury or attempting to or placing the person in fear, and you go to court. It happens several times throughout the year that you’re either trying to obtain a restraining order to keep it in place or try to get it dismissed because you’re representing the person who doesn’t want the restraining order. It’s just a trial where your client is going to testify about what happened at the incident and why it was not abuse. They’re going to bring a witness, if there is any witness to anything usually surrounding that incident, the police or a police report, and just hopefully proving to the judge that whatever happened on that day did not rise to the level of needing a restraining order.
Laura Schantz is a family law attorney and mediator practicing in Beaverton, Oregon. To learn more about Laura Schantz and her firm, Schantz Law P.C., visit www.oregondivorceattorney.com.