Types of restraining orders:

There are two main kinds of restraining orders under Oregon law: Restraining orders under the Family Abuse Prevention Act; and Stalking Protective Orders.

Family Abuse Prevention Act orders:

You can ask the court for a restraining order under the Family Abuse Prevention Act (a FAPA order) if, within the previous 180 days, you have been physically harmed, threatened with physical harm, or forced to engage in sexual acts against your will. The perpetrator can be any person in your family or any person with whom you've had a sexual relationship in the past two years, or any co-parent of your child. If you've been subjected to such violence by someone who doesn't fit that description, you may instead qualify for a Stalking Protective Order. In either case, you should also call the police to report the incident as soon as possible.

Stalking Protective Orders:

You can ask the court for a Stalking Protective Order against any person who has repeatedly (two or more times) had contact with you that made you fear for your safety, or the safety of a family member. That fear must be objectively reasonable, as determined by a judge.

Procedure:

The procedures for both types of restraining orders are similar. You must submit a petition to the court, describing the conduct that justifies the restraining order. Your local courthouse has forms available for this purpose. A judge reviews the petition, and, if your description meets the requirements, signs the initial order. You must then have that order served upon the person being restrained (the respondent). You cannot do this yourself, but any other adult who lives in the state can do it. The county sheriff's office often performs this task, for a nominal fee (usually about $35). Once the order is served upon the respondent, it is effective immediately, and that person is prohibited by law from contacting you. The first violation is punishable as a class A misdemeanor; any subsequent violation is a class C felony.

Once the respondent is served with the order, they have the right to request a hearing. This is done by filing a form with the court, within 28 days of being served. The court must schedule a hearing within 14 days of the request, or 7 days if child custody is affected. At this hearing, the person asking for the order (the petitioner) must show that the allegations in the petition are true. But they only must show this by a preponderance of the evidence - a greater than 50% chance.

A restraining order petition is a lawsuit, and entitles both sides to legal discovery and the right to counsel. If you have been subjected to violence or served with a restraining order, you should consult with an attorney immediately.