What To Do if Your Restraining Is Violated

If you have a restraining order in Oregon and the person it protects you from (the Respondent) violates it, you can take steps to enforce the order and protect yourself. This guide explains what a violation is, how to report it, and the legal steps you can take.

What is a violation?

A violation occurs when the Respondent disobeys any part of your restraining order. Here are some important points to remember:

• Your restraining order is specific to your situation. Be sure you understand what it allows and what it prohibits.
• The Respondent must follow the order, even if you agree to a change. A judge must approve any modifications. 
• You cannot violate your own restraining order (unless it has a parenting plan, in that case you both have to follow that plan).

How to report a violation

If the Respondent violates your order, here’s what you can do:

1. Call the police: If you are in immediate danger, call 911. Otherwise, use your local police's non-emergency number.
2. Show your restraining order: If you have a copy, show it to the police when you report the violation.
3. Provide proof: Evidence like text messages, phone calls, photos, or witness statements can support your case.
4. Police response: If the police see enough evidence, they must arrest the Respondent. If the Respondent is not there, give the police information about where they might be.
5. Ask for a police report: Always request a report or case number, even if the police do not believe a violation happened.

What to do if the police don’t help

Oregon law requires police to arrest the Respondent if they find probable cause for a violation. If the police refuse to help or make an arrest, consider contacting an attorney. You might also find free legal assistance through legal aid offices.

Keeping a record of violations

Even if you don't report every violation, keeping a record can be beneficial for future legal actions:

• Write down the date and details of what happened
• Make a note of any witnesses to the incident
• Save evidence such as texts, emails, or photos

You may need to use this evidence later if you need to renew (extend) your order or make changes. 

Working with the District Attorney (D.A.)

In Oregon, the D.A.'s office is responsible for filing criminal charges against people who break the law. You can ask the D.A. to take legal action for the violation:

• Reach out to the D.A. in your county and ask them to prosecute the violation.
• The D.A. will review the police report and decide whether to file charges.
• Additional evidence, beyond just your testimony, can strengthen your case.

What happens if the D.A. prosecutes?

If the D.A. decides to move forward, the case may end in a few ways:

• Plea agreement: The Respondent may plead guilty in exchange for a specific punishment.
• Trial: The case will go to trial if no plea agreement is reached. You may need to testify.
• Dismissal: If there isn't enough evidence a violation happened, the case may end without a conviction.

If the Respondent is found guilty, they could face jail time, fines, probation, or be required to complete counseling. You have a right to participate in the case. You can make a statement during sentencing. Speak to the D.A. or a victim advocate at the D.A's office if you want to do this.

Need more help?

Resources are available to assist you with restraining order violations and other issues related to domestic violence:

• Legal aid services. You may qualify for free legal help if you can't afford a lawyer. Find your local legal aid office here.
• Domestic violence support. You can also get free support from your local domestic violence program. Find your local program on the Oregon Coalition Against Domestic and Sexual Violence website.