Getting a Restraining Order in Oregon
Getting a restraining order can be stressful, but this page will break down the steps and answer frequently asked questions about getting one in Oregon.
Steps to getting a restraining order
- Decide which restraining order is right for you.
- Find and complete your court forms.
- Turn your court forms into one of Oregon's circuit courts.
- Attend a short hearing.
Keep reading to learn more about these steps.
Step 1: Decide which restraining order to apply for
Oregon has five different restraining orders. Each one protects against different kinds of abuse. You can be eligible for multiple orders.
- Family Abuse Restraining Order (FAPA): This is the most common restraining order. It helps people who are being hurt by their romantic partners or family members.
- Elderly Persons and Persons with Disabilities Restraining Order: This order is for people with disabilities or people 65 and older. Protects people from financial, verbal, physical, or sexual abuse.
- Stalking Protection Order: Protects victims of severe stalking behavior.
- Sexual Abuse Protection Order: This order protects people who were sexually assaulted by someone who does NOT qualify for a Family Abuse Restraining Order.
- Extreme Risk Protection Order: This is Oregon’s “red flag” order. This restraining order makes a person get rid of their guns if they are at risk of hurting themselves or someone else.
You can read more about each of these restraining orders here.
Step 2: Find and complete your court forms
You can find free restraining order forms on the Oregon Judicial Department website. You can also get paper copies at your local circuit court.
If you need help with forms:
- Contact your local domestic violence resource center. Trained advocates can talk to you about restraining order options and help you decide which order to apply for. They can also help you make a safety plan. Find Oregon domestic violence centers on this website.
- Talk to a lawyer. You may qualify for free help through your local legal aid office. If you don't qualify for free help, you can find a lawyer using Oregon's Lawyer Referral Service.
Step 3: Turn in your court forms at one of Oregon's circuit courts
There are rules about where you can file for a restraining order. In most cases, you can turn in your paperwork in:
- The circuit court in the county where you live.
- The circuit court in the county where the other person lives.
- The county where the abuse happened.
Exception: If you're applying for an Extreme Risk Protection Order, you can only apply in the county where the other person lives or where their violent or suicidal behaviors occurred.
Step 4: Attend a short hearing
Last, you'll have a formal meeting (called a hearing) with a judge. Here's what to know about this hearing:
- The other side will not be at the hearing.
- The judge will review your restraining order paperwork.
- The judge may ask you some questions about your situation and why you need a restraining order
- The judge will decide if you qualify for the restraining order you applied for.
- If your restraining order application is approved, you'll leave this hearing with a restraining order.
Frequently Asked Questions
It usually takes one to two business days to get a restraining order. Applications are generally reviewed by a judge on the same day or the next business day after you submit them.
No. It is free to get a restraining order in Oregon.
No. You don't have to tell the other person you're applying for a restraining order.
Usually, no. But they can help you in two specific situations:
- Domestic violence emergencies: The police can help you get a temporary, seven-day restraining order called an "Emergency Protection Order." But the police can only help you get this order if you are in immediate danger and an order is necessary to keep you safe.
- Serious stalking situations: The police can start a stalking order case for you by issuing a "Stalking Citation." The citation will include a court date, usually within a few days. The police will give the stalking citation to the person stalking you. Both of you will need to show up to the court date listed in the citation. For more information on stalking orders, go here.
No. If you, or the person hurting you, live in Oregon, you can apply for an Oregon restraining order. You do not have to provide citizenship information on an application for a restraining order. If you need an interpreter, you can ask your local circuit court to provide you with an interpreter.
If your restraining order is approved, court staff will contact the sheriff's office in the county where the other person lives. The sheriff's office will send an officer to their home or work to hand them a copy of your restraining order.
Maybe. Here's what you need to know:
- You don't have to see the other person to apply for an order.
- If the other person disagrees with your restraining order, they can request a hearing. You must go to that hearing if you want to keep your restraining order. The other side will most likely be there. You can learn more about restraining order hearings here.
Yes. Oregon restraining orders apply in all:
- Oregon counties
- U.S. states and Washington D.C.
- Reservations and tribal lands
- U.S. territories
If you are planning to move out of Oregon, you may want to talk to an attorney or domestic violence advocate in the state you are moving to. They may recommend taking additional steps to protect yourself in that state.