I had a restraining order issued against me as litigant in a neighborly dispute. this event occured in 2009 outside of Oregon. The restraining order was for one year not to contact my next door neighbor a male in his late 30"s that was the condominium treasurer.
Do I have to disclose this event as part of accurately and thrutfully answering the question os "Abuse or Protection" is it the same thing?
Family Law Attorney
Yes, you must truthfully answer all questions on the application. It's not quite clear what kind of restraining order this was - a Stalking Protective Order, perhaps, if it was against a non-relative? But that does indeed sound like an "abuse or protection" case. Bear in mind that these cases are in the public record, and it's easy to verify whether your application is truthful. Being dishonest and trying to hide this on your application is bound to be worse than admitting to it.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: firstname.lastname@example.org | Online: www.northwestlawoffice.com
Estate Planning Attorney
There really aren't enough facts to answer your question in a meaningful way. It all depends on the actual question being asked on the application and the type of restraining order that your talking about.
You use the word "case" which is important. I have been involved in a number of cases that weren't "abuse" cases but did result in a restraining order being entered as the result of a settlement agreement. Without any relevant information, if its an anti-stalking order resulting from the filing of a petition for a stalking order then you probably need to disclose that order since its a protective order. Same thing if the case is an assault or battery case that results in a restraining order.
However, if its just a boundary dispute or failure to pay HOA dues (collection action) then you may not need to disclose the case. Maybe the order was a part of a settlement agreement in that litigation. If the litigation was a boundary dispute that got a little heated, then that may not be an abuse or protection case, as opposed to a case in which your neighbor filed a petition with the court requesting a stalking order.
That being said these are legal arguments and your prospective employer may not see a distinction and be very upset that you didn't disclose the order. Of course unnecessarily disclosing it may result in your application being skipped. Good luck with your decision.