Legal Question in Civil Litigation in Oregon

Re: She lied to get a restraining order, did she perjure?

Hello there. Sorry to hear of your predicament. Your question is more appropriately asked in a FAMILY LAW category, if that's a category on this site that's available for you to select. I can suggest you spend a few bucks and at least PAY FOR A CONSULTATION with a FAMILY LAW Atty, and maybe end up hiring one. Find one who handles NOTHING BUT family law cases (Divorce, adoption, etc), or whose practice is limited to just two or three areas of the law, including family.

The SAFEST WAY TO KNOW if you should handle this on your own is to talk to a family law attorney. Find out the PROCEDURE, by having the atty explain the various court stages, just what you MUST do to win, what you can and can't do; AND what to expect.

If your ex really did, clearly, lie to a judge, & with no believable excuse, she COULD face criminal charges by the District Attorney. On this too, ASK that same family law atty. MOST LIKELY, your safest bet will be to HIRE a lawyer to handle all of this.

IF your ex has money, your lawyer may sue her; OR, if she IS charged with a crime, the DA can SOMETIMES make your ex PAY YOU BACK, for what you spent to hire the lawyer, to un-do what SHE did to you! If she pays restitution via the court, you have some LEVERAGE: The Judge will know if she fails to make any payments, and can order her back to jail, if she is found to have factually violated that term of her probation.

FINALLY, there is also an EXPUNGEMENT ISSUE -- and THIS IS IMPORTANT, as you may know, since a record implying any type of domestic violence can have far-reaching consequences, including denial of a concealed carry firearm permit, among others. There is a SEPARATE, statutory expungement procedure in Oregon, to get rid of criminal charges, but you were not charged with a crime. You may want to instead have your atty get YOUR judge to order that removal as part of YOUR overall proceeding, presumably to initially OVERTURN the order. Perhaps you go to the DA first, I don't know.

If you can't afford to hire a lawyer, you STILL NEED A LAWYER -- and there ARE sliding-scale hourly lawyers. If you are in the Portland area, you might check with the St. Andrew's Legal Clinic, affilliated with the Church and Parish of the same name. They used to have one night a week with inexpensive or free consults with lawyers. Check also the Oregon State Bar, which maintains a list of lawyers who have agreed to accept a certain amount of certain types of cases at reduced rates. Another excellent choice for low-income people, if you are, is the Northwestern Legal Clinic, in downtown Portland. It's operated by the Lewis & CLark Law School, run by students but carefully supervised by practicing lawyers.

So, all of that ought to give you something to think about, and give you additional reason to TRY to hire a lawyer.

So, Good Luck!

Re: She lied to get a restraining order, did she perjure?

A restraining order is obtained by presenting the court with testimony demostrating that the statutory requirements of the restraining order statute have been met. You would have the opportunity to challenge those assertions at a hearing. You must request a hearing within 30 days of service. If you did not do so, you are out of luck. You should speak with a Family Law attorney. Feel free to contact me for a consultation.