What To Do if Someone Gets a Restraining Order Against You
Did you get served with an Oregon restraining order? If so, this article is for you. We'll explain what a restraining order is and your options for dealing with it.
If you got served with a restraining order from another state, look for information specific to that state. Restraining orders laws vary from state to state.
What is a restraining order?
A restraining order is a court order that contains a set of rules that you must follow. If you do not follow the rules, you can be arrested. Restraining orders are also sometimes called protective orders.
The image below shows what a typical Oregon restraining order looks like.
What to do if someone gets a restraining order against you
Here are some important first steps to take:
- Read all of the restraining order paperwork. Make sure you understand the requirements and how long the order lasts. Make sure you also understand the claims (allegations) against you.
- Follow the restraining order until it goes away. You must follow the restraining order until a court changes it, ends it, or the order expires. Even if the other side tells you to ignore the restraining order, you should follow it. If you don't, you can get in trouble with the police.
- Decide if you want to fight the restraining order. You can fight a restraining order if you don't agree with the claims against you or the rules. Keep reading to learn how to fight a restraining order.
If you have questions about the restraining order, contact a lawyer for advice as soon as possible.
Can I fight the restraining order?
Yes. If someone gets a restraining order against you, you can fight the restraining order by asking for a court hearing.
A hearing is a formal court date with a judge and the other person involved in your case. This hearing is your chance to present evidence and have witnesses testify on your behalf. You can learn more about restraining order hearings here.
Important! You must ask the court for a hearing within 30 days of the date you are served. If you don't do this, you lose the opportunity to fight the restraining order.
How do I fight the restraining order?
You must ask the court to schedule a court hearing within 30 days of the date you were served with the restraining order.
Sometimes, the court will automatically schedule a hearing. If this happens, you don't have to ask for a hearing. Simply show up to the court date listed in your court papers.
If the court didn't automatically schedule a hearing, here's how to ask for one:
- Complete the "hearing request form," which should be part of the restraining order paperwork served on you. If you can't find the form, you can find it on the Protective Orders forms page on the Oregon Judicial Department website.
- Turn this form in at the circuit court named in the paperwork. Remember, you only have 30 days after being served to request a hearing!
- After you ask for a hearing, the court will schedule a court date and then contact you to let you know when you need to go to court.
Should I fight the restraining order against me?
A restraining order on your record can have long-term consequences:
- Future employers, landlords, dating partners, or others can look up your name in court records and see that someone got a restraining order against you.
- If you don't follow the restraining order, the police can arrest you, and you may face criminal charges. You can go to jail or be fined for not following the order.
- If you have kids, a restraining order can include temporary custody and parenting time rules. It can also make it harder to get long-term custody of your kids in a divorce or separate custody case.
- A restraining order can also require you to give up your guns or move out of your house.
It may be a good idea to fight the restraining order if any of these are true:
- You don't believe you are a threat to the person who got the restraining order against you.
- You disagree with the allegations in the restraining order.
- You agree with the allegations, but disagree with the custody and parenting time orders or other rules in the restraining order.
Are you facing criminal charges? If you were charged with a crime related to the events described in the restraining order, talk to your public defender or criminal defense lawyer before you challenge the restraining order in court. Appearing in court in a restraining order case can affect the outcome of your criminal case.
How do I prepare for a restraining order hearing?
A restraining order hearing is your chance to convince a judge that the restraining order isn't necessary or that some parts of it should change. You can present evidence, have witnesses testify on your behalf, and explain your version of events to the judge.
You can refer to this guide for in-depth guidance on preparing for your hearing.
Do I need a lawyer to fight the restraining order?
No. Most people involved in restraining order cases do not have lawyers.
To fight the restraining order on your own:
- Ask the court to set a hearing: If you don't have a hearing date, ask the court to schedule a hearing by filling out the hearing request form (found in your packet of restraining order paperwork). Turn this form into the court within 30 days of getting served with the restraining order.
- Prepare for your hearing: Prepare for court by gathering evidence, finding witnesses, and preparing your testimony. This guide provides step-by-step guidance on preparing for a restraining order hearing.
- Go to your hearing: Don't miss your hearing! This is your only chance to fight the restraining order. If you miss the hearing, the restraining order will stay in place.
If you'd like to hire a lawyer, this guide will help you learn more about hiring one in Oregon.
Frequently Asked Questions
Restraining orders can last one year, two years, five years, or indefinitely. Read your restraining order paperwork carefully to see when it expires.
The length of a restraining order depends on:
- The type of restraining order: Oregon has five restraining orders, each lasting a different length of time.
- Whether a judge ends the order early: A judge can end a restraining order before its expiration date if there isn't enough evidence that it's needed. This usually happens at a contested hearing.
- Whether a judge extends the order: A judge can also extend (renew) a restraining order past its original expiration date. The other person must submit a renewal application to the court for this to happen. You can request a hearing if you don't think a judge should renew the order.
Tip: If you have any questions about whether you are still under a restraining order, you can call the Oregon circuit court that issued the restraining order. Court staff should be able to tell you whether a restraining order is still in place.
- You must follow the restraining order. If the restraining order says no contact, you must obey that rule.
- The other person does not have to follow the restraining order—only you do.
- If the other person wants to end the restraining order, they must file a form with the court.
Yes. If the other person got a Family Abuse Restraining Order, this order can give the other parent temporary custody of your children. It can also include a schedule for when you can see your children. The courts call this schedule a Parenting Plan. You must follow the custody order and parenting plan.
A restraining order can also make it harder to get long-term custody of your children in a divorce or custody case.
If you disagree with the temporary custody order or the parenting plan, you must ask for a hearing within 30 days of the date the police handed you a copy of the restraining order. See the previous question for information on how to request a hearing.
Warning: If you were charged with a crime related to domestic violence, you might also have to follow a criminal no-contact order. A criminal no-contact order may prevent you from seeing your kids, even though a restraining order says you can. Talk to your criminal defense attorney if you are in this situation and want to see your children.
You should request a hearing to challenge the other person’s restraining order.
You can also get your own restraining order if the other person is abusive to you and you are afraid of them.
You can visit this page for more information on getting a restraining order in Oregon.
Generally, most restraining orders tell you not to communicate with the other person through third parties. Third parties include friends, relatives, children, lawyers, neighbors, or co-workers.
But every restraining order is different. Read your restraining order carefully to understand what is required. Some restraining orders may allow third-party contact for specific reasons—such as making plans for your kids.
Yes. A restraining order is a public court record. It is entered into a statewide law enforcement database.
It can. Read your restraining order carefully. Every restraining order is different. A restraining order can keep you from having guns, ammunition, or other weapons.
If you have any questions about your right to have guns, you should contact an attorney. The law is very complicated in this area!
Yes. Restraining orders are valid in all:
- Oregon counties
- U.S. states and Washington D.C.
- Tribal lands
- U.S. territories