If you find yourself wondering how to get a restraining order in Oregon, it’s important to ensure you are going through the correct legal channels. Since the appropriate protocol differs from court to court, your first step is to check with your local jurisdiction to ensure all requirements are met. Filing and receiving a restraining order can give you the peace of mind you need. We’re here to help you each step of the way.
When you file a restraining order it's a legally binding document that mandates that a person must remain a minimum distance away from you at all times. This document is issued by a court of law when you feel your safety is at risk. Among the things a restraining order will dictate are:
If you live in the Portland area and need a lawyer to help you file a restraining order, we can help. We’re based in Beaverton and will give you a free consultation. We have experience with criminal defense, domestic violence cases, and more.
There is a certain set of criteria you must meet in order to apply and be considered for a restraining order in Oregon. These include:
Both you and the respondent must be a minimum of 18 years of age. If you are under the age of 18, the respondent must be older than this set minimum.
The respondent must be your current or former spouse, your Registered Domestic Partner, or someone with whom you had or are currently having a sexual relationship. This sexual union must have occurred within the last two years. You are also eligible to file a protective order against someone who is related to you by blood, marriage, or adoption, or with whom you share a child.
Within the previous 180 days, the respondent must have caused you physical injury or made you fear they would be violent towards you. This would also include if you are forced to have sexual relations against your will.
It is important to note that if the respondent was in prison or resided in excess of 100 miles from your house that these periods of time are not eligible for inclusion in the 180-day period. This rule ensures you may still apply for a restraining order if these were your circumstances during those 180 days.
Your safety must continue to be in jeopardy at the time of filing. The respondent must post a physical threat to you or to your children. A judge cannot legally give you a restraining order to assist with obtaining temporary custody of children shared with the respondent. Threatening, rude, or mean behavior is not sufficient cause to warrant the granting of a restraining order.
You need to file your restraining order in the county where you or the respondent lives. You should take your documents directly to the Circuit Court courthouse and file the paperwork there. To find the nearest courthouse in your area, you can visit the Oregon Courts website.
If your address is nearer to a court in another county, we recommend speaking directly to the court or a lawyer to find out where you need to file your paperwork. Some towns are listed in two different counties, and you’ll need to be sure that you apply for your restraining order in the correct one.
If you need to file a restraining order in Oregon, we have some good news for you. Filing the required paperwork is available to you at no cost. You simply fill out the paperwork and deliver it to your local courthouse for processing.
There are some specific instructions that must be followed when filling out the paperwork for a restraining order. They are as follows:
If you need assistance filling out the paperwork, the court may have an advocate on staff that can assist you. However, it is important for you to be aware that this advocate cannot answer any legal questions for you.
The best piece of advice we can give you when filing this paperwork is to ensure you record the name of your county at the very top of every form in the provided spot. If you fail to do this, it could interfere with the timeliness of scheduling your hearing.
There are several different forms that must accompany your application for a restraining order in Oregon. These include:
This form serves as a notice to the court and to the respondent that you are applying for a restraining order against your abuser (the respondent).
With this form, one must be filed for you as well as one for the respondent. This form can only be viewed by the person it is about. We cannot stress this enough: this is the only place where confidential information can appear.
This notice indicates that you have filed the Confidential Information Form as part of your application for a restraining order with your local court.
This is the actual document that is reviewed by the court for consideration of a restraining order against the respondent.
Along with these forms, you must also provide your current address and phone number. This contact information is where the court and/or sheriff will attempt to reach you if needed. The address you provide on this form must be somewhere within the state of Oregon, but you do not have to currently reside there. This information is a matter of public record, and the respondent will also have access to it. If you prefer the respondent not know where you reside or have access to your phone number, you can choose an alternative mailing address and contact number.
When you provide your contact information, the court will send all communications to this address or phone number. You are required to check both your mail and your phone regularly to ensure you don’t miss out on any important information. If you are required to appear for a hearing and miss your court date because you have not checked your mail or messages, your case may be dismissed entirely.
When filing your application for a restraining order, there are several other important pieces of information the court will require. Among the other details an Oregon court will need are:
The court will need a complete picture of your case to make a fair decision about your restraining order. If there are any previous restraining orders or family court issues in your past with the respondent, this information must be provided to the court. You are required to submit this whether the cases are completed, pending, or ongoing.
The parentage of any minor children involved in this dispute must be verified prior to any attempts to file a restraining order and proceed with judgments for custody, parenting time, or child support.
Both biological parents can sign and file a birth certificate or you may submit a Voluntary Acknowledgement of Paternity with the State Registrar of Vital Statistics. These documents are typically finalized at the hospital following the birth of the child.
If neither of these documents is available, you have a few other options for verifying the parentage of your minor children. You can contact the Oregon Child Support Program or speak with an attorney.
If you were married to the respondent when the child was born, the parentage of your child is assumed by the court IF the minor was born within the 300 days following the dissolution of the marriage. However, it is crucial that you understand that if this is your chosen verification for parentage, it can be challenged in court.
This form must include the details you want to see in place with the granting of your restraining order. The details included in this form must be the same as what you outlined in your original Petition for a Restraining Order to Prevent Abuse.
We cannot stress this point enough: it's important that you not write or mark in the column that is reserved for the judge’s initials. It's in this place that the judge will provide his or her signature and make any necessary comments if your petition is granted. Once the order has been signed by the judge, a copy of it will be forwarded to you.
Once your petition for a restraining order has been filed, the court clerk will notify you of the day, time, and location of your hearing. During your hearing, the judge will carefully review all of your paperwork. You should be prepared to answer any questions the judge may have for you. If your restraining order is approved by the judge, you will receive a copy of the order.
You will also need to ensure that a copy of the order is delivered to the respondent. The sheriff’s deputy may serve the papers to this person for you. The court will arrange for the sheriff’s office to receive a copy of the paperwork. If you prefer, you can hire a private process server or even any mentally competent adult over the age of 18 to deliver the order to the respondent. You are not legally permitted to serve the respondent with the order yourself.
The person that delivers your order must complete a certificate of service which must then be filed with the court. The form is included in the package when delivered to the sheriff’s office, but some private process servers provide their own forms. You must discuss with the court clerk ahead of time how you will get the document served to the respondent. The respondent cannot be held responsible for violating the restraining order until they have been served.
Once the respondent has received the order from the server, he or she has 30 days from that date to ask for an additional hearing to have the order overturned or changed. In cases where the respondent does not contest the order, the restraining order will stand. When 30 days have passed, the only allowable changes to the order are as follows:
If necessary, a judge may determine a hearing is required to discuss exceptional circumstances involving the custody of any minor children. If this is deemed pertinent, the date and time for this hearing will be outlined by the judge on the front page of the restraining order.
In the case that the respondent requests a hearing, you can expect it will be scheduled quickly. Most often, you will only have approximately two days’ preparation time. If the hearing will occur at a later date, you will be informed of the time, date, and location by letter. Sometimes you will be contacted by phone.
One of the things we must stress to you is that you are required by law to attend all hearings. Failure to do so may result in your restraining order being withdrawn. For emergency situations, you need to contact the court clerk as quickly as possible to explain your circumstances. A lawyer can attend the hearing with you or on your behalf. Alternatively, some judges will allow you to participate in the hearing via phone or video. For more definitive answers regarding court appearances in your jurisdiction, you will need to contact the court.
If you fear your safety may be in jeopardy, the sheriff’s deputy is allowed to accompany and stay with you when in the courtroom. To arrange this, you will need to call the court in advance of your hearing.
This particular type of hearing is held in order for the judge to determine whether the order should stand as it is, whether changes are necessary, or whether it should be dismissed entirely. In some cases, a judge may decide not to make any amendments to an order even if you and the respondent both agree to what you want changed.
During this hearing, you will again be required to provide proof that you were abused by the respondent and have reason to believe you are still at risk. You will need to give testimony if required and to have witnesses appear. At this time, the judge may ask to see evidence of the abuse including photos, doctors’ reports, or any other pertinent information.
A restraining order is typically in effect for a period of one year from the date and signature of the judge on the document. It may be dismissed early or canceled.
If you want your restraining order to be renewed, you can so long as you're still in danger. Your renewals can be for one year. But you can continue them consecutively as long as you have reason to believe the respondent continues to mean you harm. To renew your restraining order, you must file for renewal prior to the expiration of your current order. You can pick up renewal forms at the court office, or you can obtain the paperwork online.
If the respondent violates the restraining order, you should call the police immediately. The respondent will be arrested. The punishments for violating a protection order include fines, probation, and/or jail time.
You can cancel your restraining order by filing the appropriate paperwork at the courthouse. The judge will then have the option to dismiss the order. Typically, it takes a period of several days from the date of filing for a decision to be reached and for the local police to be informed of the order’s dismissal.
If you are the victim of domestic abuse, you don’t have to wonder about how to get a restraining order in Oregon. Follow the steps outlined in this blog post to better understand Oregon’s restraining order laws. That will teach you how they can help you get the protection you need. For more information on how to file for a restraining order in Oregon, contact us for a free consultation. We’re here to help keep you and your family safe!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
