Can a Civil Temporary Stalking Order or Temporary Restraining (FAPA) order be Expunged?
It is up to the judge’s discretion. If you won the contested stalking order hearing or FAPA hearing you may be able to expunge a temporary stalking order or the temporary restraining order. However, the issue of civil restraining or stalking orders is not addressed under the state statute for expungements under ORS 137.255. It can be concealed with a motion to the court using the inherent power of the court, only if the judge exercises his/her discretion in your favor. This is an area of the law that needs to be changed, so that a person has a statutory right to expunge his/her record in such a situation. I have a memorandum and motion that can be used to try to get such a record expunged. Usually, I recommend that you accompany it with an affidavit by the person who filed the petition for the order stating there is no objection. Of course, since the statute does not require expungements under these circumstances, I cannot make any guarantees.
Related Questions
- Are TROs (Temporary Restraining Orders) and emergency protective orders available only when the abuser is a spouse?
- What is a TPO (Temporary Protection Order), a CPO (Civil Protection Order), or a CSPO (Civil Stalking Protection Order)?
- What are Civil Protection Orders and Temporary Protection Orders?
