Know the Laws: Oregon
UPDATED July 3, 2015
A Family Abuse Prevention Act restraining order ("FAPA" order) is a civil order that provides protection from harm by a family or household member.
This section defines domestic abuse for the purposes of getting a Family Abuse Prevention Act restraining order, commonly referred to as a "FAPA" order.
Domestic abuse is when a family or household member:
A restraining order can order the abuser to:
When you go to the court to file for a restraining order, the judge might give you a temporary restraining order. A temporary restraining order is a court order designed to provide you and your family members with immediate protection from the abuser. You may receive a temporary restraining order as soon as you file your petition, without the abuser present in court.
The temporary restraining order is legal as soon as the court grants it. However, it cannot be enforced until the abuser has been served with notice of the order. A sheriff or another qualified person will serve the abuser with a copy of the order.
After the respondent (the abuser) receives the temporary restraining order, s/he has 30 days to ask for a hearing. If the abuser asks for a hearing, it must be held within 21 days of that request. If the abuser contests (fights) the temporary order, then you will have a court hearing to determine if the temporary restraining order will continue.
Once issued, your (permanent) restraining order is in effect for one year unless:
You can file a petition in the county where you live, or in the county where the abuser lives.*
* O.R.S. § 107.728
You are eligible to file for a Family Abuse Prevention Act restraining order if you have experienced domestic abuse within the last 180 days* by a family or household member, which is defined as:
In Oregon, you may apply for a Family Abuse Prevention Act restraining order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a Family Abuse Prevention Act restraining order? You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Oregon?
Maybe. If you are under 18 years old, you cannot file on your own for a Family Abuse Prevention Act restraining order unless the abuser is over 18 and:
When you file a Family Abuse Prevention Act restraining order, an "exceptional circumstances" hearing will be scheduled if the judge determines that there are issues affecting the custody of your child(ren). The judge will order that this hearing be held within 14 days. At this hearing, the judge will ask both you and the respondent to appear and provide additional information about the circumstances of your children and your contact with them. For example, the judge may order such a hearing if you are not the usual and primary caretaker of the children or if your request for custody conflicts with a previous order of the court in another matter.*
* O.R.S. § 107.718(2)
There is no fee to file for a Family Abuse Prevention Act restraining order* and you do not need an attorney to get one. However, an attorney is recommended if the abuser contests the restraining order or hires an attorney. You can find legal referrals on our OR Finding a Lawyer page.
* O.R.S. § 107.718(8)(c)
Go to the circuit court in the county where the abuse occurred, where you live, or where the abuser lives. Find the civil court clerk and ask for a petition to apply for a restraining order. The form you will need is called "Petition for Restraining Order to Prevent Abuse (Family Abuse Prevention Act)."
You can find links to petitions online by going to OR Download Court Forms.
Note: You, the person filing the complaint, are the “petitioner.” The person against whom you are filing against (the abuser) is the “respondent.”
When you go to the courthouse, remember to bring some form of identification. It is also helpful to bring identifying information about the abuser if you have it such as:
Read the petition carefully and ask the clerk questions if you don’t understand something. You must provide complete and truthful information.
Write about the most recent incidents of violence, using descriptive language (slapping, hitting, grabbing, choking, threatening, etc.) that fits your situation. Be specific. Include details and dates, if possible. If there is space for it on the petition, you could also include details about the history of abuse so that the judge can understand the bigger picture, not just the most recent incident.
An advocate from a domestic violence organization may be able to help you fill out the form. See OR State and Local Programs to find the location of an organization near you.
Do not sign the petition until you have shown it to a clerk; the form may need to be notarized or signed in the presence of court personnel.
After you finish filling out your petition, take it to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as s/he reviews your petition. The judge will decide whether s/he thinks the abuser is a real threat to you and/or your children’s physical safety, and whether or not to issue the temporary restraining order.
If the judge issues you a temporary restraining order, the clerk of the court must deliver a copy of the petition and temporary restraining order to the county sheriff so that the abuser (respondent) can be served. You should also request two free copies of the petition and order for your own records. Make sure to keep a copy of the order with you at all times.
A restraining order (temporary or permanent) is legal as soon as the court grants it. However, it cannot be enforced until the abuser has been served with it.
The county sheriff is responsible for serving the abuser (respondent). You may have the order served by another private party or an officer of the peace. If you choose this option, the person who serves it may have to fill out an affidavit of service that you will have to bring back to court with you – ask the clerk about this if you choose to not have the sheriff serve the papers. You cannot serve the abuser the papers yourself.
There is no cost to file a petition, to have the sheriff serve the papers, or to have a court hearing about the restraining order.
When the abuser receives his/her copy of the restraining order papers and knows about your petition, s/he has 30 days to ask for a hearing, which must be held within 21 days of that request. The court will let you know if there is a hearing scheduled.
You will only have a hearing if the abuser requests one. If the abuser requests a hearing, it is extremely important that you attend that hearing. If the abuser shows up and you do not, the judge may dismiss (drop) your temporary restraining order. If the temporary restraining order is dismissed, you lose the protections that you got in the order, such as child custody and mandatory arrest. Also, if you do not show up at the hearing it may be harder for you to be granted an order in the future.
The judge will want to hear from you and from any witnesses that you may have who witnessed the abuse or your injuries. You will need to be specific -- describe when and where the abuse took place, what happened, how (and with what) you were injured, (e.g., explain to the judge if you were hit with a fist, an elbow, an open palm, a heavy object, on the floor or against a door or furniture, etc.), whether the police were called, and if you were treated by a doctor or medical professional. If you have any pictures of your injuries, medical reports, or police reports, bring them to court with you. See Preparing Your Case page for ways you can show the judge that you were abused.
If the abuser shows up to the hearing with a lawyer, you may ask the court to postpone the hearing to a later date (also called a continuance) to give you some time to get a lawyer to represent you. Even if the abuser doesn’t have a lawyer, you may wish to bring one with you to the hearing to help present your case to the judge. See OR Finding a Lawyer for contact information of lawyers in your area. If the abuser does not show up for the hearing, the judge may still grant you a restraining order for up to one year, or the judge may order a new hearing date.
Maybe. A judge can give you a temporary restraining order without a full court hearing and without the abuser present. However, the abuser has the right to request a hearing, within 30 days of being served with the paperwork notifying him/her of the temporary restraining order, for a chance to tell his/her side of the story. If the abuser does request a court hearing, a hearing will normally be set for some time during the following 21 days. You must attend that hearing. If you do not go to the hearing, a judge may take away your temporary restraining order. You may have to face the abuser at that hearing.
If the abuser does not request a court hearing, your temporary restraining order can last for up to one year.
You may have additional court hearings if you want to change or extend your restraining order, or if the abuser violates the restraining order. The abuser may come to those hearings. See How do I change or renew (extend) the permanent restraining order?.
Here are some things that you may want to consider doing. Please evaluate each one in the context of your specific situation to see if you think that it is appropriate for you:
If the abuser violates the restraining order, you can immediately call 911. Make sure that the officers make a report so there will be a record of the violation. Write down the officer's name, badge number, and report number. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it may help you have the order extended or modified. According to the law, a peace officer must arrest the abuser and take him/her into custody (without a warrant) when the peace officer has probable cause to believe that a restraining order exists, was properly served and was violated.*
If the police are called and the abuser is arrested, a court hearing may be set to have him/her found in "contempt of court" for violating the restraining order, or criminal charges can be filed. At the hearing, if the abuser is found in contempt of court, the maximum punishment could be a fine and/or up to six months in jail. Your local district attorney is required to represent your interests at the contempt hearing if you cannot afford to hire your own attorney.**
The restraining order can play an important role in protecting yourself, but it is important to create a safety plan or go to a local support center for additional help in keeping yourself as safe as possible. For additional help, please see our Staying Safe and OR State and Local Programs pages.
* O.R.S. § 133.310(3)
** Oregon State Bar website
You can go back to the court where you originally filed the Family Abuse Prevention Act restraining order and request an extension. There does not have to be a further act of abuse in order to get it renewed.* A judge may renew (extend) the restraining order if s/he finds that you are reasonably afraid of further acts of abuse by the abuser (respondent) if the order is not renewed.** If your child was included in the order, and now your child has reached the age of 18, s/he can get the order extended for himself/herself if s/he is reasonably afraid of further acts of abuse by the abuser (respondent) if the order is not renewed.** Even if the original petitioner/parent does not want the order renewed for himself/herself, the child (who is now 18) can still get the renewed order for himself/herself (s/he does not have to file a new petition).*** In order for the court to renew your restraining order, you must request the renewal before your current order ends.
If the judge decides to grant the renewal, the abuser will be notified of the renewal. The abuser then has the right to request a hearing to fight the renewal. If the abuser requests a hearing, the judge will schedule the hearing within 21 days.**** If this happens, you might find it helpful to have an attorney. Go to our OR Finding a Lawyer page for legal referrals.
* O.R.S. § 107.725(2)
** O.R.S. § 107.725(1)
*** O.R.S. § 107.725(3)
**** O.R.S. § 107.725(4)
Your order is good wherever you go in Oregon. Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands. Different states have different rules for enforcing out-of-state protection orders. To find out more information about your new state’s policies, go to Know the Laws and choose your state from the drop-down menu on the left side of the screen. Under the Restraining Order section, you will find information about “Enforcing an Out-of-State Order.”
You may want to have your address changed officially by the court. However, if your new address is confidential from the abuser, be sure to ask the clerk how to keep the new address confidential from the abuser if s/he checks the court records for any reason. Check with a local domestic violence organization for more help.
If you are moving to a new state, you may want to call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your in your new state. They might be able to tell you if the new state requires you to register the order with that state and other useful information. However, before registering the order, you should make sure that the new state will not notify the abuser that you are living there if this will be unsafe for you.
Keep in mind that if your order includes an order about custody or visitation of a minor child, you may have to give notice to and seek permission from the court and/or the abuser of your move, depending on what your order says and the laws in your state. Please speak to an attorney for more information. You can find legal referrals on our OR Finding a Lawyer page.
If you want to drop your restraining order, you need to go back to the court that issued your order and fill out dismissal papers. You may have to talk to the judge and tell him/her why you want to drop the restraining order. Different judges have different ways of handling these requests. Some judges will ask you lots of questions, but other judges will just sign the dismissal order without asking you anything. In some counties, the judge will tell you to go to a class with other domestic violence victims before the judge agrees to drop the order.
In some cases, the judge will try to help you figure out whether there is a way to modify (change) your order so that it can still give you some protection from abuse, but so that you can have the contact you want with the abuser.
If you have dropped your restraining order (or let it run out) and you are abused again, you can always go back to court for a new restraining order if you meet the requirements. Talking to a domestic violence advocate might help you decide which option is best for you. See our OR State and Local Programs page for referrals to local domestic violence organizations.