Your FAQs About Restraining Orders In Oregon ANSWERED
What is a restraining order?
Under the Family Abuse Prevention Act (FAPA), a restraining order in Oregon is defined as an order issued by the court that is designed to protect a person’s physical safety.
What can a restraining order include?
A restraining order issued under FAPA can contain a variety of orders. In some cases, a restraining order can tell the respondent (the person the order says committed the act or acts of abuse) that they must move from the home they share with the petitioner (the person who receives the order). It can also include specific places where the restraining order states the respondent may not go to, such as the petitioner’s workplace, or the school of any children of the parties. Other safety considerations, like barring the recipient from possessing guns, are required by state and federal law.
Are there different types of restraining orders?
Yes. Beyond the restraining order defined under FAPA, there are also the Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order (EPPDAPA), the Sexual Abuse Protection Order (SAPO), the Stalking Protective Order (SPO), the Extreme Risk Protection Order (ERPO), and the Emergency Protective Order (EPO).
Each order is designed to address a specific risk category.
How does someone apply for a FAPA restraining order?
If you need to file for a restraining order, you can go to the courthouse to file in person, or you can file online at www.courts.gov to secure the appropriate forms. It is important to note that you (the petitioner) must file your paperwork in a circuit court of the county where either you or the recipient of the order live.
Equally important to note that for many people seeking restraining orders, being cautious about online activity is important in those cases where their activities are being monitored by those whom they are seeking an order against.
Are there age requirements for restraining orders?
Yes, there are specifications regarding age, but they do vary. Either you and the person you’re filing the order against must be at least 18 years of age. However, if you’re under 18 the requirements differ.
In those instances where you’re under 18, the respondent must be at least 18 years old and someone with whom you’ve had a sexually intimate relationship within the past two years, or they must be at least 18 and be your current or former spouse or registered domestic partner.
FAPA orders also can be obtained against individuals who you are related to, either by blood, adoption, marriage, or against persons with whom you share a child, but in those instances, you must be over 18 years old.
How much does a restraining order cost?
There is no charge for restraining orders in the state of Oregon.
Do I need to have been physically abused to get a restraining order?
The requirements for filing a restraining order include instances of abuse (as defined by statute), attempts of abuse, perceived threats of physical harm, or instances where you’ve been forced to engage in sexual activity. These events must have occurred within the last 180 days prior to filing the petition.
This 180-day time period is not subject to cases where the respondent has been living 100 miles or more away from the petitioner, or during periods in which the respondent was incarcerated. If the abuse or threats of abuse took place outside of the 180-day window, and there has been distance or incarceration during that period, then you can still file for a restraining order.
Additionally, the court requires that you be in fear of imminent danger from the respondent toward you or your children, and that the respondent be capable of causing further harm.
How long will the restraining order last?
A restraining order will remain in place for exactly one year from the date it is signed by a judge, unless sooner dismissed by the petitioner or by the court after a hearing.
If a judge feels that you are still in danger, your restraining order can be renewed for an additional year from that renewal date, but you have to have filed renewal paperwork before the order expires.
What if I want to modify or cancel a restraining order?
Modifications are possible, but they require filing additional paperwork, and depending on the court you’re filing with, certain details will differ, such as needing an additional hearing and providing time periods for the respondent to respond to the updated order.
If you want to dismiss a restraining order altogether, then, again, there is additional paperwork that you need to file with the court. Until the judge grants the dismissal, the original signed order remains in effect. And simply requesting a dismissal does not guarantee that request will be granted by the court. It is up to the court’s discretion to dismiss a FAPA on a petitioner’s motion.
Do I need a lawyer to get a restraining order?
There are no requirements stating that you need a lawyer in order to get a restraining order. You only need to fill out and file the appropriate paperwork and attend any required hearings. However, if you feel you need legal guidance on the matter, then you can enlist the help of counsel to help you navigate the process.
How has COVID affected restraining orders in Oregon?
Due to the highly sensitive nature of FAPA-related restraining orders, these cases continued at an as normal as possible pace throughout the COVID-19 pandemic, despite most other cases in the system being delayed.
In order to keep petitioners and others safe during this period, the court allowed remote hearings for these orders. As of this writing, remote hearings are still an option for restraining orders in some counties. If the order is contested by the respondent, then those hearings may require in-person participation from the petitioner and respondent.
Have questions or concerns regarding the restraining order process? DBMA can help! For years, we’ve helped families in Oregon come to the legal solutions they’ve needed when they mattered most. Contact us today for your confidential consultation.