rights of defense with restraining order

Discussion in 'Legal & Political Archive' started by bigezfosheez, Feb 11, 2012.

  1. bigezfosheez

    Washington County
    Well-Known Member

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    If i have a restraining order against someone, does that enhance my rights of defense if they come into my safety bubble?
  2. deen_ad

    Vancouver, WA
    Well-Known Member

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    It allows you to call the police if they get too close. We all know that a piece of paper will stop a knife or bullet!!

    I don't think it does much else, you couldn't shoot them if they came too close unless they attacked you first, all you can do is call 911 and see if they can send someone in the next 20 min or so to arrest the person.
  3. rolandson

    Active Member

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    It doesn't give one the 'right' to shoot on sight; one still needs to have a reasonable...well, read it for yourself:

    161.209 Use of physical force in defense of a person. Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]

    161.210 [Repealed by 1971 c.743 §432]

    161.215 Limitations on use of physical force in defense of a person. Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if:
    (1) With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person; or
    (2) The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable if the person withdraws from the encounter and effectively communicates to the other person the intent to do so, but the latter nevertheless continues or threatens to continue the use of unlawful physical force; or
    (3) The physical force involved is the product of a combat by agreement not specifically authorized by law. [1971 c.743 §24]

    161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
    (1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
    (2) Committing or attempting to commit a burglary in a dwelling; or
    (3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]

    The mere presence of the individual whom one has secured a restraining order against is not, in itself, justification for use of force. The restraining order may help, but it alone isn't enough.
    branson4020 and (deleted member) like this.
  4. bernie1

    New Member

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    NO, the fact you have a Protection Order in place simply means there is a record of a possible threat to you, the authorities have been notified and are in the loop.. Your rights as a gun owner are not increased, or decreased based on any possible threat to you or your household.

    Be safe
    Redcap and (deleted member) like this.
  5. Stomper

    Shut Your Face!!
    Gold Supporter Gold Supporter

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    In Oregon, deadly force is justified if a perpetrator has 1. The means, 2. The intent, 3. The opportunity to inflict death or serius bobily harm to you or another person... A violation of a restraining order is an act of contempt of court, not "enhanced self-dfense rights enablement" outside of existing ORS law.

    (I'm not a lawyer, nor do I pretend to be one... But I can read, have excellent comprehension skills, and am capable of drawing sensible conclusions that are reasonably accurate... Even if I don't know what I'm talking about!)
    mjbskwim and (deleted member) like this.
  6. DoubleTapDrew

    Well-Known Member

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    No. But it at least shows you were concerned enough about the person that you filed a restraining order which may help you in court if you ever had to use force against that person.
  7. chemist

    Beaverton OR
    Well-Known Member

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    Yes, it can only help in your defense in court. But it does not expand the range of justification for your use of deadly force.

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