What types of Family Abuse Prevention Act restraining orders are there? How long do they last?
There are two types of family abuse prevention act restraining orders: temporary restraining orders and final restraining orders.
When you go to the court to file for a restraining order, the judge might give you a temporary, ex parte 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, ex parte restraining order as soon as you file your petition, without the abuser present in court. At the time you file your petition for a temporary restraining order, the judge may schedule an “exceptional circumstances” hearing. See What is an exceptional circumstances hearing? for more information.
The temporary restraining order is effective as soon as the court grants it. However, it cannot be enforced against the abuser 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 abuser (the respondent) receives the temporary restraining order, s/he has 30 days to ask for a hearing.1 If the abuser asks for a hearing, it must be held within 21 days of that request. However, if the abuser is fighting against the part of the order that gives you temporary custody, the hearing must be held within five days.2 At the hearing, the judge will decide if the temporary restraining order will continue.
If the abuser does not request a hearing, your restraining order will stay in effect and become a final restraining order. Once the judge issues a final restraining order, it is in effect for one year unless the order:
- is withdrawn;
- changed (modified) by the judge; or
- is replaced (superseded) by a separate order that is issued in a divorce, separation, or annulment proceeding.3.
You may be able to have the order extended beyond one year. See How do I renew (extend) the restraining order? for more information.
1 O.R.S. § 107.718(10)
2 O.R.S. § 107.716(1)
3 O.R.S. § 107.718(3)