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OREGON : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Under Oregon law, domestic abuse is when a family or household member:

• Attempts to hurt you physically
• Actually hurts you physically (intentionally, recklessly or knowingly)
• Intimidates or makes you afraid of serious physical injury (intentionally, recklessly or knowingly)
• Makes you have sex against your will by force, or threat of force

YYou are eligible to file for a restraining order if you have experienced domestic abuse within the last 180 days* by:

• A current or former spouse
• A person with whom you have a child in common
• An adult to whom you are related by blood or marriage
• A person with whom you are cohabiting
• A person with whom you have cohabited
• A person with whom you have been involved in a sexually intimate relationship within the last two years

Cohabiting generally means living in the same household in a sexual relationship. The law does not specifically require that you and the abuser be members of the opposite sex.

*For purposes of computing the 180-day period, any time during which the abuser is in prison or has a principal residence more than 100 miles from your principal residence do not count as part of the 180-day period.

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Types of protective orders:

A temporary restraining order

This is a court order designed to provide you and your family members with immediate protection from your abuser. You may receive a temporary restraining order as soon as you file your petition, without your abuser present. Once issued, your temporary order is in effect for one year unless:

• the order is dismissed or modified by the court;
• it is dismissed earlier by the court at your request; or
• the court renews it at your request, whichever comes first.

The temporary restraining order is legal as soon as the court grants it. However, it cannot be effective in a practical sense until the abuser knows it exists and he is supposed to stay away from you. A sheriff or another qualified person must "serve" the abuser with a copy of the order. Go to our Sheriff Locations & Info page for Sheriff Department Locations in your area. After the respondent (your abuser) receives the temporary restraining order, he has 30 days to ask for a hearing. If your abuser asks for a hearing, it must be held within 21 days of that request. If your abuser contests the temporary order, then you will have a court hearing to determine if the temporary restraining order will continue.

Note that at the time you file your petition for a temporary restraining order, the judge may schedule an "exceptional circumstances" hearing. An "exceptional circumstances" hearing will be scheduled if the judge determines that there are issues affecting the custody of the child(ren). The court will order that this hearing be held within 14 days. At this hearing, the judge will ask both you and the respondent to appear and provide additional information about the circumstances of your children and your contact with them. For example, a judge may order such a hearing if you are asking for temporary custody of a breastfeeding infant where the respondent is the breastfeeding mother. Or, the judge may order such a hearing if you are not the usual and primary caretaker of the children, or if your request for custody conflicts with a previous order of the court in another matter. If this hearing is scheduled, the respondent can request an earlier hearing to be held within 5 days after respondent's request.

A stalking protection order

This is a court order that is designed to stop someone from harassing you (or your family members).

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Benefits:

A restraining order can order the abuser to:

• Stop abusing, threatening, or interfering with you and any children in your custody
• Stay away from your home, school, place of business, or other specified place
• Leave your home if you are the sole or part owner (or renter) of the home or you are married to the abuser
• Remove personal belongings from the home while police stand guard
• Give you temporary legal custody of the children
• Give your abuser temporary custody (if you request) dependent upon certain conditions to protect the children
• Allow you visitation rights to the children
• Pay you emergency monetary assistance
• Have no contact with you in person, by mail, or by phone

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Costs:

The order is free, and you do not need an attorney to get one.

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Violations:

If your abuser violates the restraining order, you should immediately call 911. Insist that the officers make a report so there will be a record of the violation. Save the officer's name, badge number, and report number. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified. After the court grants you a restraining order, the county sheriff is required to enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice. Then, an officer at the scene of an alleged violation will be aware of your restraining order. To be certain, you may also personally deliver copies of the order to a county sheriff for entry into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice. An abuser who violates the restraining order can be jailed for up to six months and fined up to $300.

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