Temporary Orders During Your Oregon Custody Case
Is your co-parent refusing to let you see your kids? Or are they abusive and threatening to you or your kids?
If you’re going through a custody case in Oregon, you can ask the court to put short-term rules in place (called temporary orders) during your case.
What are temporary orders?
A temporary order is a legal document from a court that creates rules for both parents to follow during a custody case.
Temporary orders don’t last forever. They get replaced by your final custody order at the end of the case.
Should I get a temporary order?
Not everyone needs a temporary order. Temporary orders are most helpful in high-conflict situations.
For example:
- The other parent is refusing to let you see your child.
- The other parent is abusive or threatening to you or your child.
You can ask for temporary orders in other situations. But, in most cases, it’s faster and easier to focus on finishing your case and getting a final order instead of spending time fighting over temporary rules.
When can I apply for a temporary order?
You can apply for a temporary order when you file your custody case or at any time during your case.
Do I need an attorney to get a temporary order?
Maybe.
Some kinds of temporary orders, like status quo orders, immediate danger orders, or restraining orders, you can get on your own (with some help from a family court facilitator).
But other kinds of temporary orders, like those involving financial support or temporary custody of your kids, are trickier. The process varies from county to county, and often, free court forms aren't available. For those orders, you may need to hire an attorney.
How long does it take to get a temporary order?
It can take anywhere from one day to a few months. The time it takes depends on:
- The type of temporary order you're trying to get.
- The county your case is in.
- How the other parent responds to your request for temporary orders.
How do I get a temporary order?
There isn't a simple, straightforward answer. The process depends on the type of order you're trying to get and, sometimes, the county where you file.
Click the orders below to learn more about each type and how to apply.
Temporary orders in Oregon family court cases
A status quo order (also called a temporary protective order of restraint) requires both parents to keep their kids’ living situation and schedule the same during a custody court case.
Should I get a status quo order?
This order may be right for you if:
- Your kids have been living in the same home and following the same visitation schedule for the last three months.
- You want to maintain this situation (the status quo) until your custody case is finished.
How do I get a status quo order?
You can apply for a status quo order without an attorney. To get this order:
- Download status quo forms and instructions from the Oregon court website.
- Fill out the forms and file them with the court (there’s no filing fee).
- Wait for a judge to approve your status quo order (takes about 1-2 weeks).
- Serve the other side with your court forms.
If you need help with these steps, contact your local court facilitator for help.
Notice! The other side can fight your status quo order if they disagree with you. To do this, they can request a court hearing. To keep your order, you’ll need to go to the hearing and prove that the information in your status quo application is correct. Learn more about preparing for a court hearing here.
This emergency order can protect your children if the other parent is abusive or neglectful of them. It only takes one to two days to get this order.
Should I get an immediate danger order?
An immediate danger order may be right for you if:
- Your child is at risk of physical, sexual, or psychological abuse or severe neglect if they have unsupervised contact with their other parent.
- You need immediate help from the court to protect your child.
- You have strong evidence that the other parent is a risk to your child (such as a witness, criminal convictions, police reports, or child abuse investigation records).
- You want your child to live with you.
- You want the other parent to have no contact or only supervised contact with your child.
How do I get an immediate danger order?
To get this order, you must file paperwork with the court and attend a short hearing to explain to a judge why your child is in danger.
Most people can go through this process without help from an attorney.
Here are the steps:
- Download immediate danger forms from the Oregon court website.
- Gather evidence (such as a witness, police reports, or child abuse records).
- File the forms with your local court (don’t file your evidence). When you file your forms, the court will tell you your hearing date (it’s usually the same day or the next business day).
- Text, email, or call the other parent to tell them you filed the forms and that there is going to be a hearing on your request.
- Go to the hearing and bring your evidence with you. Learn how to prepare for a court hearing here.
If you need help with these steps, contact your local family court facilitator.
This emergency order can help you stay safe if you're trying to end a relationship with someone who has been physically abusive to you. You can get this order quickly, within a day or two.
Should I get a restraining order?
A restraining order may be a good choice if:
- Your child's other parent was physically or sexually abusive to you in the last six months.
- You’re afraid of the other parent.
- You want rules in place that limit when the other parent can contact you, come near you, or see your kids.
Learn more about family abuse restraining orders here.
How do I get a restraining order?
You can apply for a restraining order without an attorney. Here are the steps:
- Fill out the court’s restraining order forms.
- Turn in your forms to one of Oregon’s circuit courts.
- Attend a short hearing with a judge.
Learn more about getting a restraining order on this page.
Tip: You can get free help applying for a restraining order from your local domestic violence (DV) agency. DV advocates at these agencies can also help you create a safety plan and connect you with community resources. Find Oregon DV programs on this website.
If you don’t qualify for another kind of temporary order, a temporary custody and parenting time order can be a good option. This order creates rules about:
- Which parent gets to make important decisions about your kids during your custody case.
- Where your kids live during your court case.
- When your kids see each parent during your court case.
Should I get a temporary custody and parenting time order?
It’s not easy to apply for this kind of order. It can take weeks or months. The process is different in each county.
If you can wait to get a custody and parenting time plan in place, it may be better to focus on finishing your entire custody case instead of getting temporary orders.
How do I get a temporary custody and parenting time order?
Since the process varies by county, start by contacting your local family court facilitator for assistance in finding the correct forms and understanding the necessary steps.
If your local court facilitator can’t help you, you’ll need to hire an attorney.
A temporary child support order requires the other parent to pay you child support during your custody case to help with your kids' expenses. Later, when you finalize your custody case, this temporary order will change to a long-term child support order.
Should I get a temporary child support order?
It’s usually not worth applying for a temporary child support order. It can take months to get a decision from the court. The process is complicated, and it varies from county to county.
It often makes more sense to focus on finishing your custody case instead of fighting about temporary orders.
Tip: If you need financial support for your family during your court case, consider applying for government assistance for short-term relief. Learn more about government assistance options here.
How do I get a temporary child support order?
Since the process varies by county, start by contacting your local family court facilitator for assistance in finding the correct forms and understanding the necessary steps.
If your local court facilitator can’t help you, you’ll need to hire an attorney.