How do I renew (extend) the restraining order?
Before your current order expires, you can go back to the court where you originally filed the Family Abuse Prevention Act restraining order and request a renewal (extension) for another year. There does not have to be a further act of abuse in order to get it renewed.1 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.2
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.2 Even if the original petitioner does not want the order renewed for his/her own protection, if the child who was included in the original order turns 18, s/he can still get the order renewed for his/her own protection without filing a new petition.3
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.4 If this happens, you might find it helpful to have an attorney represent you at the hearing. Go to our Oregon Finding a Lawyer page for legal referrals.
1 O.R.S. § 107.725(2); Oregon Court’s Renewing a Restraining Order Instructions
2 O.R.S. § 107.725(1)
3 O.R.S. § 107.725(3)
4 O.R.S. § 107.725(4)