What To Do if Someone Gets a Restraining Order Against You
Did you get served with a restraining order? If so, this article is for you. We'll explain what a restraining order is and your options for dealing with it.
What is a restraining order?
A restraining order is a legal document 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 an Oregon restraining order looks like.
Dealing with a restraining order against you
If someone gets a restraining order against you, here's what to do:
- Read the restraining order paperwork. Make sure you understand the requirements and rules in the restraining order. Make sure you also understand the claims (allegations) against you.
- Decide if you want to fight the restraining order. You can fight a restraining order if you don't agree with the claims or the rules in the order.
Understanding the restraining order paperwork
Each restraining order is different. Read the court paperwork to understand the claims against you and what the restraining order requires.
A restraining can:
- Require you to move out of your house.
- Limit when you see your children.
- Limit how you can communicate with the other person.
- Affect your gun rights.
- Require you to pay the other person money.
Should I fight the order?
When deciding if you should fight the restraining order, here are some things to know:
- A restraining order is a public record. This means future employers, landlords, dating partners, or others can look up your name in court records and see the restraining order.
- If you don't follow the restraining order, you face criminal charges. You can go to jail or be fined for not following the order.
- If you have kids, a restraining order will make getting custody of your children harder.
How do I fight the restraining order?
If you want to fight the order, you must act quickly. If the court didn't schedule a hearing, you only have 30 days (from the date you're served) to ask for a hearing.
- To request a hearing, fill out the "hearing request form." This form is in the packet of paperwork you were served with.
- Turn this form in at the circuit court named in the paperwork.
- Remember, you only have 30 days after getting served to ask for a hearing!
How do I prepare for the restraining order hearing?
A restraining order hearing is your chance to convince a judge the restraining order isn't necessary or that some terms should be changed. You can present evidence, call witnesses, and explain your version of events.
You can refer to this guide for help 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
- 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
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.