Key Takeaways:
- Oregon law allows you to seek legal protection from an abusive spouse through several types of protective orders, including Family Abuse Prevention Act (FAPA) restraining orders.
- A FAPA restraining order may be available if your spouse caused bodily injury, attempted to cause injury, threatened imminent harm, or forced sexual relations through threats or force.
- Oregon also recognizes other protective orders, including stalking protective orders, sexual abuse protective orders, elder abuse protective orders, and Extreme Risk Protection Orders involving firearms.
- To obtain a restraining order, you must file a petition with the circuit court describing the abuse, recent incidents, and your relationship with the respondent.
- A restraining order may prohibit contact, require a spouse to leave a shared residence, impose firearm restrictions, and create temporary custody and parenting time rules.
- Violating a restraining order can result in arrest, criminal charges, contempt sanctions, fines, and jail time under Oregon law.
When your spouse or romantic partner is subjecting you to threats, acts of abuse, or intimidation, you can seek protection through a restraining order. In Oregon, the most common option is an order issued under the state’s Family Abuse Prevention Act, known as a FAPA order, which helps you protect yourself and your children from abuse without having to file for divorce or separation.
Once issued, a restraining order may prohibit your spouse from contacting you or owning a firearm. If they injured you (or attempted to do so), threatened you, or made you feel like you’re in imminent danger, a judge may review your request for protection the same day. In this article, we’ll go over the protective orders available in Oregon, the filing requirements for each, and your options if your spouse violates the order after it’s issued.
What Is a Restraining Order in Oregon?
A restraining order is a legal, court-issued document intended to protect you or your children from domestic abuse, threats of violence, stalking, sexual abuse, or repeated unwanted contact. Once a judge signs the order, the restrained person must follow all conditions listed in the order or risk penalties.
If you’re seeking protection from a spouse, the most common option is a Family Abuse Prevention Act restraining order, also known as FAPA orders. Oregon law also allows people to seek protection through the following:
- Stalking protective orders
- Sexual abuse protective orders
- Elder abuse protective orders
- Extreme Risk Protection Orders involving firearms
Depending on the situation, the order may prevent your spouse from contacting you, entering your home, coming near your workplace, or communicating through phone calls, text messages, email, or social media. Some orders also include temporary custody provisions involving children and restrictions on firearm possession.
In Oregon, a restraining order becomes enforceable after the respondent receives notice of it. This means that the police can arrest your spouse for violating it, even without a separate warrant in many situations. Violations may also lead to criminal charges, contempt proceedings, fines, and jail time.
What Is a FAPA Restraining Order?
As indicated earlier, a Family Abuse Prevention Act restraining order, known as a FAPA order, is the primary domestic violence restraining order in Oregon. Depending on the circumstances, it can accomplish the following:
- Prohibit contact
- Require a person to leave a shared home
- Restrict access to a minor child or children
- Prohibit firearm possession
- Require the person to remain a certain distance from the petitioner and other protected parties
You may seek a FAPA order to protect you from parties like the following:
- A current spouse
- A former spouse
- A person you currently live with
- A person you previously lived with
- A family member related by blood, marriage, or adoption
- A person with whom you had a sexually intimate relationship within the last two years
- A person with whom you share a child
To grant a FAPA restraining order, the court must find that abuse occurred within the previous 180 days. Oregon law excludes certain time periods from that calculation, including periods when the respondent lived more than 100 miles away or was incarcerated. The court must also find that the respondent presents a credible threat to your physical safety and that you fear future abuse.
In this context, ‘abuse’ includes:
- Causing bodily injury
- Attempting to cause bodily injury
- Placing another person in fear of imminent bodily injury
- Forcing sexual relations through force or threats
Not every marital dispute qualifies for a FAPA order. Verbal disagreements, insults, and relationship conflict generally don’t meet the legal standard unless threats of imminent physical harm are involved.
When reviewing a petition, the judge will examine the allegations. Your written statement should include dates, locations, descriptions of incidents, and any supporting evidence available. Photos, medical records, witness statements, and prior police reports may also help support your request. If the judge grants the petition, the court issues a temporary restraining order. Law enforcement then serves your spouse with notice of the order. After that, they have the right to request a hearing and challenge the allegations in court.
Other Types of Protective Orders Available in Oregon
A FAPA restraining order is only one of several protective orders available. In some abusive situations, another type may be more appropriate. The relationship between the parties, the type of conduct alleged, and the type of protection requested all affect which order may apply.
Stalking Protective Orders
Oregon courts may issue a Stalking Protective Order (SPO), when a person engages in repeated unwanted contact that makes you fear for your safety. This type of order may apply when someone repeatedly calls, texts, follows, monitors, or contacts you after being told to stop. A stalking protective order doesn’t require a marriage, dating relationship, or family relationship between the parties.
Conduct supporting an SPO may include:
- Threatening social media messages
- Repeated appearances at a person’s home or workplace
- Online harassment
- Surveillance
- Unwanted gifts and communications
As the petitioner, you must show that the contact caused reasonable alarm and created fear for your personal safety or that of a family member. Courts review the frequency of the contact, what the person said in their communications, and their overall conduct before deciding whether to issue the order.
Sexual Abuse Protective Orders
Oregon law also permits courts to issue Sexual Abuse Protective Orders in cases involving nonconsensual sexual conduct. These orders may apply when you experienced sexual abuse and don’t qualify for protection under a FAPA restraining order. In many situations, this type of order is used when the parties don’t have a domestic or family relationship.
A petitioner seeking this type of order must provide information about the sexual abuse and explain why protection from future contact is necessary. The court may prohibit communication, restrict contact, and impose stay-away conditions if the petition is granted. As with other protective orders, violating the order can result in arrest and criminal penalties.
Elder Abuse Protective Orders
Elder Abuse Protective Orders protect adults who are 65 years of age or older. They may also protect vulnerable adults with disabilities who are experiencing abuse, neglect, abandonment, or financial exploitation. If granted, the order may:
- Prohibit contact
- Remove a person from a residence
- Restrict access to financial accounts and property
Extreme Risk Protection Orders
An Extreme Risk Protection Order (ERPO) allows a court to restrict a person’s access to firearms when they present a danger to themselves or others. Family members, household members, and law enforcement officers may petition the court for this type of order. These cases frequently involve one or more of the following:
- Allegations of threats
- Violent conduct
- Suicidal statements
- Dangerous behavior involving firearms
If the court grants the petition, the respondent must surrender firearms and may not purchase any more during the period covered by the order. Law enforcement agencies may remove firearms if necessary, while the court may also schedule hearings to determine whether the restrictions should remain in place.
How to Get a Restraining Order Against Your Spouse in Oregon
To get a restraining order, you need to file a petition through the Oregon circuit court. You’ll want to make sure you apply for the right order: many spouses seek protection through a FAPA restraining order, but stalking protective orders and other forms of relief may apply in certain cases. An Oregon family law attorney can help you determine which one is most appropriate for your situation.
Below is an overview of the steps involved:
- Complete the Required Court Forms: You must complete a petition and other court documents describing the abuse or threats involved. The forms ask for information about the relationship between the parties, recent incidents of abuse, prior police involvement, and any children shared by the parties. You must sign this paperwork under penalty of perjury.
- File the Petition With the Court: Restraining order petitions are filed through the circuit court in the county where the petitioner or respondent lives. In most FAPA cases, Oregon doesn’t charge a filing fee. After the paperwork is submitted, a judge reviews the petition and decides whether temporary protection should be granted.
- Service of the Restraining Order: If the judge grants temporary protection, the respondent must receive legal notice of the order before enforcement begins. Police officers, private process servers, or other authorized individuals usually handle service. Afterward, the respondent is legally obligated to follow all terms of the restraining order.
- Attend the Court Hearing: If the respondent challenges the restraining order, the court schedules a hearing. At the hearing, both parties may testify, present evidence, call witnesses, and question opposing witnesses. The judge then decides whether the restraining order will remain in effect.
FAQs About Restraining Orders in Oregon
How Long Does a Restraining Order Last in Oregon?
In Oregon, a FAPA restraining order generally remains in effect for one year from the date the judge signs the order. Some restraining orders can be renewed before expiration, but you must file a request with the court and explain why continued protection is necessary.
Note: Either party may ask the court to modify certain terms of the restraining order. For example, a party may request changes involving parenting time, communication restrictions, or protected locations. But until the court approves a modification, both parties must continue following the existing order exactly as written.
Do You Need a Lawyer to Get a Restraining Order?
No. Many people file petitions on their own through the circuit court using forms provided by the court system. That said, restraining order cases can become difficult when the respondent contests the allegations. If they hire legal counsel, you may have a stressful time responding to disputed claims.
An Oregon family lawyer can help prepare court filings, organize supporting evidence, and present testimony during the hearing. Legal representation is especially valuable when the restraining order involves child custody disputes, firearm restrictions, pending divorce proceedings, or allegations that could lead to criminal charges. Taking the time to speak to an attorney can help you make the right decision for your safety and future.
Questions About Restraining Orders? Speak to an Oregon Family Lawyer Today
If your spouse is abusing, threatening, or intimidating you, speak to an Oregon family law attorney about your options for a restraining order. The legal team at Harris Velázquez Gibbens, PC represents clients throughout Oregon in these types of family law cases and can help you seek the protection you need. If you have questions, call us at (503) 648-4777 to start with a free 15-minute phone evaluation. You can also contact us about your family law case online. Se habla español.
