How To Get A Restraining Order In Oregon

An Oregon restraining order, also known as a protective order, is a court-issued legal directive prohibiting an individual (the respondent) from contacting or physically interacting with another person. Domestic violence, physical abuse, sexual abuse, harassment, stalking, and other forms of harm may warrant the issuance of a restraining order. 

The Family Abuse Prevention Act (FAPA), Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 163.760 to 163.777, ORS 30.866, and ORS 163.730 to 163.750 govern the issuance of Oregon restraining orders. Furthermore, most civil restraining orders in Oregon result from civil petitions and are recorded as part of Oregon civil court records.

Types Of Restraining Orders in Oregon

There are five (5) types of restraining orders under Oregon Law, which are described below:

• Family Abuse Restraining Orders are issued to protect an individual from domestic violence or other family abuse
• Elderly Persons and Persons with Disabilities Restraining Orders protect individuals aged 65 or older or those with disabilities (mental or physical disabilities) from different forms of abuse. These include neglect or abandonment resulting in bodily harm, sexual abuse, financial abuse, being called unkind names, threat of, or actual physical abuse. 
• Stalking Protection Orders (SPOs) are intended for individuals who are in danger due to being persistently followed or harassed by someone.
• Extreme Risk Protection Orders (ERPOs) are issued to protect someone from hurting themselves or someone else with a firearm. 
• Sexual Abuse Protection Order (SAPO) protects an individual from unwanted sexual contact. 

Are Restraining Orders Public Record In Oregon?

Yes. Oregon restraining orders are considered public court records pursuant to the Oregon Public Records Law, codified in Oregon's Revised Statutes Chapter 192. Generally, restraining orders are issued by local courts and documented in case files generated and maintained by the issuing court. These case files are usually accessible to the public unless a court order seals them. 

Notwithstanding, specific information and documents related to or found in restraining orders are protected from public access. These include, but are not limited to, personal identifiable information of juveniles, Social Security Numbers, and the Confidential Information Form (CIF) in a restraining order application.  

How To Lookup Restraining Orders In Oregon

Interested persons can look up restraining orders in Oregon through any of the following: 

• Oregon Counties Circuit Courts
• The Oregon Judicial Case Information Network (OJCIN) website
• Third-party websites that provide background check services

Can You Lookup A Restraining Order Online?

Yes. Restraining orders are part of public court records. Thus, record seekers may look them up online through the Oregon Judicial Case Information Network (OJCIN) website. The website hosts information about different cases the Oregon Judicial System handled, including civil matters, such as restraining orders. However, only basic information about restraining orders is typically found on the OJCIN website. Therefore, record seekers must visit or contact the Circuit Court that issued the sought-after restraining order to obtain comprehensive information. Alternatively, they can contact the local law enforcement agency responsible for serving the restraining order to the respondent, usually the Sheriff's Office of the county where the order was issued. 

Another way to find restraining orders online is through third-party websites that offer background check services. These sites allow users to look up public records that individuals are subject to, including restraining orders.

How To File A Restraining Order In Oregon

The procedures to file a restraining order in Oregon can be summarized in the following steps: 

• Step 1 - Choose The Appropriate Restraining Order

As previously explained, five (5) restraining orders may be issued under Oregon Law. These include a family abuse restraining order (FAPA), elderly persons and persons with disabilities restraining order (EPPDAPA), a stalking protection order, a sexual abuse protection order (SAPO), and an extreme risk protection order (ERPO). To avoid having their request denied, the applicant must choose the type of restraining order that best fits their circumstances and the abuse they face. It is worth noting that an individual can be eligible for multiple orders.

• Step 2 - Find And Complete The Necessary Court Forms

To request a restraining order, an individual must complete the necessary court form for the specific type of restraining order they desire. These forms can be found online at the Oregon Judicial Department website. Paper copies are also available at local circuit courts. There are trained advocates at local domestic violence resource centers who can offer assistance on deciding which type of restraining order best fits an individual's situation and how to fill out necessary court forms. An individual may also qualify for free help through local legal aid offices, or they can use Oregon's Lawyer Referral Service to find and hire a lawyer for assistance on completing necessary court forms.  

• Step 3 - File A Court Form With One Of Oregon's Circuit Courts

After completing the necessary court forms, applicants can file them in the Circuit Court in the county where they reside, the respondent resides, or where the abuse occurred. Note that when applying for an Extreme Risk Protection Order, the applicant must file their application where the respondent lives or where their violent or suicidal behaviour occurred.

• Step 4 - Attend A Hearing 

During this hearing, a judge will review the applicant's filed restraining order paperwork and ask them questions about their situation and why they seek the restraining order. Subsequently, the judge may approve and issue the requested restraining order at the end of the hearing or deny the application.  

Can You File A Restraining Order For No Reason In Oregon?

No. Under Oregon Law, applicants can file for a restraining order if the respondent tried to or physically injured them, or they were sexually assaulted by force or threats of force by a respondent. They may also file a restraining order if they are in ongoing danger of abuse or if the respondent has threatened their physical safety or that of their children.

What Proof Do You Need For A Restraining Order In Oregon?

Applicants are not required to provide proof when requesting a restraining order in Oregon. They only need to truthfully complete the application form for the type of restraining order they want to get and file it with the appropriate court. Notwithstanding, they can provide different evidence of abuse to bolster their claims. These include police reports, medical records, eyewitness statements, text messages, written threats, and photos.

How Long Does It Take To Get A Restraining Order In Oregon?

Around one (1) to two (2) business days. After a restraining order application has been submitted, a judge will typically review it on the same day or the next business day, and a hearing for the order issuance will be held. 

How Long Does A Restraining Order Last In Oregon?

In Oregon, a restraining order is valid for two (2) years from when the judge signed it. A restraining order can also be renewed before it expires for an additional two (2) years if the judge believes the applicant is still in danger.

How Much Does A Restraining Order Cost in Oregon?

No. Restraining orders are issued for free in Oregon. Applicants are not required to pay a filing fee when submitting an application for a restraining order. 

Can You Cancel A Restraining Order In Oregon?

Yes. An individual can change or cancel a restraining order they have obtained against a respondent by using the following steps:

• Complete required forms: Like the restraining order application form, interested persons can find a restraining order dismissal request form on the Oregon Judicial Department website. Alternatively, they can contact the Circuit Court that issued the original restraining order to obtain the dismissal request for the type of restraining order that was issued.  
• File the forms: The applicant must complete the appropriate restraining order dismissal request form and file it with the court that issued the original restraining order. 
• Wait for the court's response: This is usually a hearing where a judge reviews the applicant's dismissal request. Additionally, they may be asked for more information about their reasons for seeking dismissal.