This section defines domestic abuse for the purposes of getting a Family Abuse Prevention Act restraining order, commonly referred to as a “FAPA” order.

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); or
• makes you have sex against your will by force or threat of force.¹

¹ O.R.S. § 107.705(1)

There are two types of family abuse prevention act restraining orders: temporary restraining orders and final restraining orders.

When you go to the court to file for a restraining order, the judge might give you a temporary, ex parte restraining order. A temporary restraining order is a court order designed to provide you and your family members with immediate protection from the abuser. You may receive a temporary, ex parte restraining order as soon as you file your petition, without the abuser present in court. At the time you file your petition for a temporary restraining order, the judge may schedule an “exceptional circumstances” hearing. See What is an exceptional circumstances hearing? for more information.

The temporary restraining order is effective as soon as the court grants it. However, it cannot be enforced against the abuser until the abuser has been served with notice of the order. A sheriff or another qualified person will serve the abuser with a copy of the order.

After the abuser (the respondent) receives the temporary restraining order, s/he has 30 days to ask for a hearing.¹ If the abuser asks for a hearing, it must be held within 21 days of that request. However, if the abuser is fighting against the part of the order that gives you temporary custody, the hearing must be held within five days.² At the hearing, the judge will decide if the temporary restraining order will continue.

If the abuser does not request a hearing, your restraining order will stay in effect and become a final restraining order. Once the judge issues a final restraining order, it is in effect for two years unless the order:

1. is withdrawn;
2. changed (modified) by the judge; or
3. is replaced (superseded) by a separate order that is issued in a divorce, separation, or annulment proceeding.³.

You may be able to have the order extended beyond two years. See How do I renew (extend) the restraining order? for more information.

¹ O.R.S. § 107.718(10)
² O.R.S. § 107.716(1)
³ O.R.S. § 107.718(3)

You can file a petition in the county where you live, where the abuser lives, or where the abuse happened.¹

¹ O.R.S. § 107.728(1)

In Oregon, you may apply for a Family Abuse Prevention Act restraining order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a Family Abuse Prevention Act restraining order?  You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Oregon?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

There is no fee to file for a Family Abuse Prevention Act restraining order¹ and you do not need an attorney to get one. However, an attorney is recommended if the abuser contests the restraining order or hires an attorney. You can find legal referrals on our Oregon Finding a Lawyer page.

¹ O.R.S. § 107.718(8)(c)

You can file your petition at the circuit court in the county where you live or the county where the abuser lives. You can find the forms from the civil clerk at the circuit court, but you may want to download them beforehand and fill them out at home or with an advocate from a domestic violence organization or with a lawyer. You will find links to forms online on the Oregon Download Court Forms page. To find contact information for the circuit court in your area, click on the Oregon Courthouse Locations page.

To start your case, you will need to fill out the necessary forms for a restraining order, which include a petition and an affidavit (sworn statement). On the affidavit, you will be asked to write about what happened. Remember to use specific language (slapping, hitting, grabbing, threatening, etc.) that fits your situation. Include details and dates, if possible. Note: Do not sign the forms until you have shown them to a clerk, as the court clerk may have to notarize them – and remember that you may need photo ID for the notary.

Most shelters and other domestic violence prevention organizations can provide support for you while you fill out these papers and go to court. To find a shelter or advocate in your area, go to our Oregon Advocates and Shelters page.

A restraining order (temporary or final) is legal as soon as the court grants it. However, it cannot be enforced against the abuser until the abuser has been served with it.

The sheriff’s deputy or a private party can serve the abuser (respondent) with the order and court paperwork.¹ If you choose someone other than the sheriff’s deputy to serve the papers, the person who serves it will have to fill out a certificate of service that you will have to bring back to court with you – ask the clerk about this if you choose to not have the sheriff serve the papers.²You cannot serve the abuser the papers yourself.³

There is no cost to file a petition, to have the sheriff serve the papers, or to have a court hearing about the restraining order.⁴

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

¹ O.R.S. § 107.723(1)
² Family Abuse Prevention Act Order Certificate of Service
³Oregon Courts website’s Instructions for Obtaining a Restraining Order
⁴ O.R.S. § 107.718(8)(c)

Here are some things that you may want to consider doing. You will have to evaluate each one and decide if it is safe and appropriate for you to do it. Review the order carefully before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.

• Make several copies of the restraining order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a picture of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks, if permitted by law, and your phone number.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions. You might also find it helpful to talk to someone at a domestic violence organization near you for support. See the Oregon Advocates and Shelters page for contact information.

Before your current order expires, you can go back to the court where you originally filed the Family Abuse Prevention Act restraining order and request a renewal (extension) for two more years. There does not have to be a further act of abuse in order to get it renewed.¹ A judge may renew (extend) the restraining order if s/he finds that you are reasonably afraid of further acts of abuse by the abuser (respondent) if the order is not renewed.²

If your child was included in the order, and now your child has reached the age of 18, s/he can get the order extended for himself/herself if s/he is reasonably afraid of further acts of abuse by the abuser (respondent) if the order is not renewed.² Even if the original petitioner does not want the order renewed for his/her own protection, if the child who was included in the original order turns 18, s/he can still get the order renewed for his/her own protection without filing a new petition.³

If the judge decides to grant the renewal, the abuser will be notified of the renewal. The abuser then has the right to request a hearing to fight the renewal. If the abuser requests a hearing, the judge will schedule the hearing within 21 days.⁴ If this happens, you might find it helpful to have an attorney represent you at the hearing. Go to our Oregon Finding a Lawyer page for legal referrals.

¹ O.R.S. § 107.725(2); Oregon Court’s Renewing a Restraining Order Instructions
² O.R.S. § 107.725(1)
³ O.R.S. § 107.725(3)
⁴ O.R.S. § 107.725(4)

Your order is good everywhere in Oregon and in the U.S. The federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands. Different states may have different rules for enforcing out-of-state protection orders. If you are moving out of state, you may want to call the domestic violence organization in the state where you are going to find out how that state treats out-of-state orders. Go to our Advocates and Shelters page and enter your state in the drop-down menu. You may also want to call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) if you have any questions.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

Under Oregon law, stalking is when a person makes repeated and unwanted contact with you that:

• alarms: causes you or a member of your immediate family or household fear or anxiety due to the perception of danger; or
• coerces: restrains, compels, or dominates you or a member of your immediate family or household due to force or threats.¹

​In addition, for the actions/contact to be considered stalking:

• it must be “reasonable” for someone in your situation to be alarmed or coerced in the manner explained above; and
• the repeated, unwanted contact must “reasonably” cause you to fear for your personal safety or that of a member of your immediate family or household.²

¹ O.R.S. §§ 163.732(1)(a); 163.730(1), (2)
² O.R.S. § 163.732(1)(b), (1)(c)

There are two types of stalking protection orders: temporary stalking protection orders and final/permanent stalking protection orders.

The judge can issue a temporary stalking protection order if s/he find that there is probable cause to believe that the respondent (the person the order is filed against) has committed stalking. The judge will schedule a hearing to decide whether to grant a final/permanent stalking protection order. The temporary stalking protection order will last until the scheduled hearing. At the hearing for the final/permanent stalking protection order, the judge can extend the temporary stalking protection order for up to 30 days.¹

The judge can issue a final/permanent stalking order if the judge finds that it is more likely than not that the respondent committed stalking. The final/permanent stalking order does not expire unless a judge specifically includes an end date.²

¹ O.R.S. § 163.738(2)(a)
² O.R.S. § 163.738(2)(b)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

You can file for a stalking protection order if you are a victim of stalking as defined by law.¹

You can also file on behalf of the following people if they are victims of stalking:

• your child who is under the age of 18; or
• a dependent if you are the dependent person’s guardian.²

¹ O.R.S. § 163.732(1)
² O.R.S. § 163.744(3)

The steps to get a stalking protection order are similar to the steps to get a Family Abuse Prevention Act restraining order. If you have any questions, you can call the clerk of court at your local courthouse. You can find courthouse contact information on the Oregon Courthouse Locations page.

To see the forms you may need to fill out, please visit the Oregon Download Court Forms page.

If you believe that the abuser has violated the stalking protection order, you can immediately call 911. It is a crime to violate a stalking order.¹ If the police have probable cause to believe that the stalker violated the order or committed another crime, the police can arrest the stalker.

¹ O.R.S. § 163.750(2)(a)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

For the purpose of getting a sexual abuse protective order, sexual abuse is defined as any “sexual contact” with a person:

• who does not consent to it; or
• who is incapable (unable) to consent to the sexual contact because the victim is:
  • under 18 years of age;
  • “incapable of appraising the nature of the person’s conduct,” which the law defines as:
    • being unable to understand the nature of the conduct;
    • being unable to understand the right to choose whether and how to engage in conduct, including the right to withdraw one’s prior consent to the conduct; or
    • being unable to communicate one’s decision to engage in conduct;
  • mentally incapacitated, which the law defines as being unable to evaluate or control his/her own conduct; or
  • physically helpless, which the law defines as being unconscious or unable to communicate his/her unwillingness to the sexual act.¹

Sexual contact is when anyone touches your sexual or intimate parts or causes you to touch the sexual or other intimate parts of another person for the purpose of arousing or satisfying the sexual desire of either person.² In addition to “touching” one’s sexual or intimate parts, it would also include sexual assault, rape, sodomy, and forced oral sex.

Note: There could be some defenses to an accusation of sexual abuse related to the difference in age between the victim and due to other circumstances.³ You can read about these defenses here and here on our Selected Oregon Statutes page.

¹ ORS §§ 163.760(2); 163.315(1), (3); 163.305(2), (4)
² ORS §§ 163.760(3); 163.305(5)
³ ORS §163.760(2)(b)

You can file for a sexual abuse protective order in the circuit court in the county where you live, where the abuser lives, or where the abuse happened.¹

¹ ORS § 163.763(2)(a)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

You may be eligible for a sexual abuse protective order if you are the victim of sexual abuse and fear for your physical safety. Additionally, to qualify for a sexual abuse protective order, the following must also apply:

• you and the abuser cannot be family or household members;
• the abuser must be at least 18 years old; and
• there cannot currently be an existing restraining order or criminal court order prohibiting the abuser from contacting you.¹

¹ ORS § 163.763(1), (2)(b)

You cannot file against a minor. The respondent must be at least 18 years old for you to get a sexual abuse protective order against him/her.¹

¹ ORS § 163.763(1)(b)

The steps to get a sexual abuse protective order are similar to the steps to get a restraining order to prevent abuse, but you may fill out different paperwork.  If you have questions, you can call the clerk of court or talk to a lawyer.  You can find the contact information for local courthouses on the Oregon Courthouse Locations page and for lawyers on the Oregon Finding a Lawyer page.

The abuser has the right to request a hearing and challenge your ex parte sexual abuse protective order. If the abuser requests a hearing, you will receive notice of the time and date of the hearing.¹

If there is going to be a hearing, you have the option of filing a request asking the judge to allow you to appear at the hearing (or to have a witness appear at the hearing) by telephone or some other two-way communication device instead of appearing in person. The judge will decide if there is good cause to allow you or your witness to appear by telephone and will consider whether or not the safety or welfare of you or your witness would be threatened by requiring you to appear in person.²

¹ ORS § 163.765(6)(a), (6)(b)
² ORS § 163.770(1), (3)

At any point beyond the first 30 days after the order is served, either party can request that the judge change the sexual abuse protective order if s/he can show the judge good cause for the change. You can also request that the judge remove certain terms from the order to have fewer restrictions on the abuser.¹

¹ ORS §§ 163.775(2); 163.765(6)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

For the purpose of this section, Oregon state law defines “abuse” as:

• physical injury or pain;
• neglect that leads to physical harm;
• abandonment;
• name-calling, harassment, threats, and inappropriate sexual comments that threaten the emotional or physical wellbeing of the victim;
• taking or threatening to take property or money rightfully belonging to the victim;
• sexual contact with an elderly or disabled person who is unable able to consent; or
• causing any sweepstakes promotions to be mailed an elderly or disabled person when that person spent over $500 on sweepstakes promotions the year before, and court assistance is needed to prevent the person from spending more money.¹

¹ O.R.S. § 124.005(1)

For purposes of this restraining order, “a person with a disability” is defined as someone with a physical or mental disability who is eligible for Supplemental Security Income or for general assistance and meets one of the following:

• has a developmental disability, or is mentally or emotionally disturbed and lives in or needs placement in a residential program;
• is an alcohol or drug abuser and lives or needs placement in a residential program;
• has another type of physical or mental disability; or
• is experiencing a brain injury for a long enough time to affect that person’s ability to perform activities of daily living.¹

¹ O.R.S. §§ 124.005(9); 410.040(7); 410.715

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Any person who is elderly (65 or older) or a person of any age with a disability who has been the victim of abuse within the last 180 days is eligible.  Also, a guardian or guardian ad litem of the abused person may petition for an order if the abused person is in immediate and present danger of further abuse.¹  There are no relationship requirements between the victim and abuser; the abuser can be anyone who is abusing an elderly or disabled person.²

Note: Any time during which the abuser is incarcerated or lives more than 100 miles from the victim is not counted as part of the 180-day period.³

¹ O.R.S. § 124.010(1)(a)
² O.R.S. § 124.010(1)(c)
³ O.R.S. § 124.010(6)

If your guardian filed for a petition an Elderly Persons and Persons with Disabilities Abuse Prevention Act (“EPPDAPA”) order without your consent, you can try to fight against the action by doing any or all of the following:

• get a lawyer;
• request a copy of your personal records;
• file legal objections to it;
• request a hearing; and
• present witnesses and evidence at the hearing.¹

To find a lawyer in your area, go to our Oregon Finding a Lawyer page.

¹ O.R.S. § 124.010(7)

There is no fee to file for an order.¹

¹ O.R.S. § 124.020(7)(d)

You can file for an Elderly Persons and Persons with Disabilities Abuse Prevention Act order (“EPPDAPA”) at the circuit court in the county where the abused person (petitioner) lives, where the abuser (respondent) lives, or where the abuse happened.¹

¹ O.R.S. § 124.012(1)

When a petitioner or guardian-petitioner files a petition for an Elderly Persons and Persons with Disabilities Abuse Prevention Act order (“EPPDAPA”), the court will hold an ex parte hearing (without the abuser present) in person or by telephone on the day the petition is filed or on the following business day.¹

If the judge decides that the victim needs immediate protection, s/he will grant an ex parte order. See How can an Elderly Persons and Persons with Disabilities Act order help an elderly or disabled person? for more information.

¹ O.R.S. § 124.020(1)

If a hearing is requested by either party, both parties have the right to attend the hearing.  The purpose of this hearing is for the judge to determine if the terms of the court’s temporary (ex parte) order should be canceled, changed or extended to become a permanent order good for up to 1 year.¹

If the respondent has an attorney at the hearing, the hearing may be extended for up to five days at the request of the petitioner so that the petitioner can find representation.²  To find a lawyer in your area, click on Oregon Finding a Lawyer page.

For more information on how to get ready for the hearing, see our At the Hearing page.

¹ O.R.S. § 124.020(6); Oregon Court Form: Notice to Respondent (Elderly Persons and Persons With Disabilities Abuse Prevention Act)
² O.R.S. § 124.015(3)(b)

There are two types of extreme risk protection orders: ex parte extreme risk protection orders and final extreme risk protection orders.

Ex parte extreme risk protection orders: An ex parte extreme risk protection order can be issued on the day that the petition is filed. “Ex parte” means that the respondent does not have notice of the case beforehand and is not present for the hearing.¹

Final extreme risk protection orders: The judge can issue a final extreme risk protection order only after the respondent is served with notice of the case, a copy of the ex parte order, and has an opportunity to request and participate in a hearing. When the respondent is served with the ex parte order, s/he must request a hearing within 30 days if s/he does not want the order in place. If the respondent requests a hearing, the hearing must take place within 21 days of the request. If the respondent does not request a hearing, the ex parte order becomes effective for a period of one year from the date the order was issued.²

¹ O.R.S. § 166.527(6)
² O.R.S. § 166.527(9), (10)

The judge must decide if the respondent is at risk of committing suicide or harming another person in the near future.¹ To make that decision, the judge will consider any information that is reliable. Some things the judge may consider are the respondent’s:

• own statements that s/he made to others;
• history of suicide threats or attempts;
• history of actual or threatened violence or physical force against other people;
• previous convictions for assault, strangulation, menacing, reckless endangerment, stalking, intimidation, domestic violence offenses, driving under the influence, or any incident that involves abuse or cruelty to animals;
• recent illegal use of drugs (controlled substances);
• history of recklessly using, displaying, or waving (brandishing) a deadly weapon;
• previous violation of a restraining order or stalking order; and
• possession or attempted possession of a deadly weapon within the past 180 days.²

¹ O.R.S. § 166.527(6)(a)
² O.R.S. § 166.527(4)

If the respondent violates an extreme risk protection order, you can call the police and s/he may be charged with a crime.¹ The judge may also be able to hold the respondent in civil contempt for violations of an Extreme Risk Protection Order.²

Violating a final extreme risk protection order by possessing a deadly weapon is a Class A misdemeanor. The punishment for a Class A misdemeanor is:

• a $6,250 fine;
• one year in jail; or
• both.³

In addition to facing criminal penalties for committing a Class A misdemeanor, there are restrictions that become effective against the respondent after the conviction. The respondent cannot do any of the following with firearms for a five-year period:

• have them in his/her custody or control;
• own them;
• purchase them;
• possess them;
• receive them; or
• attempt to purchase or receive them.⁴

Note: The five-year period for the above-mentioned restrictions on the respondent starts on either:

• the date when the extreme risk protection order expires or is terminated; or
• the date that the conviction is entered.⁵

The restrictions will start on the latest of either of the above dates.⁵

¹ See O.R.S. §§ 166.527(8)(d), 1.010; Oregon Extreme Risk Protection Order Instruction Packet
² Oregon Courts website
³ O.R.S. §§ 161.635(a), 161.615(a)
⁴ O.R.S. § 166.543(1), (2)
⁵ O.R.S. § 166.543(2)

A restraining order is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  •  In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

In some states, you will need a certified copy of your restraining order. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it.

If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk’s office for a certified copy. There is no fee to get a certified copy of an OR restraining order.

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. You might want to leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. You can give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser. You can also give a copy of the order to anyone who is named in and protected by the order.

The court that gave you your restraining order needs to have an up-to-date mailing address for you so they can communicate with you if anything happens to your restraining order - for example, if the abuser asks the court to dismiss the order or if your order is changed in any way.

If you won’t be getting mail at your old address, you will want to give the court a mailing address and a contact phone number. If you feel unsafe giving your new address, you can use the address of a trusted friend or a P.O. Box instead. The change of address form that you will need to fill out is available online or at the courthouse.

Remember, if you want to keep your new address confidential, be sure to tell this to the court clerk and ask that your address not be made public to the abuser.

It will depend on the exact wording of the custody provision in your restraining order. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in Oregon on our Oregon Places that Help page.

Your restraining order can be enforced in Oregon as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5);O.R.S. § 24.190(1)(b)(A)
² 18 U.S.C. § 2265(a) & (b)

As long as the child custody provision complies with certain federal laws,¹ Oregon can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here Oregon Finding a Lawyer.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database that contains restraining order information that is used by law enforcement agencies in the U.S, Canada, and Puerto Rico. NCIC is managed by the FBI and state law enforcement officials.

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

Neither Oregon state law nor federal law requires you to register your restraining order to have it enforced.¹ However, there may be a benefit to having it registered. If your restraining order is registered in Oregon, it is easier for law enforcement officials to verify that your order is valid. When police officers arrive on a scene, they generally check to see if your restraining order is registered in the state’s registry. If it is not listed in the state registry, the police officer will have to look through the national registry or call the court where the order was issued. This takes longer and it could mean that your restraining order is not enforced right away.

¹ 18 USC § 2265; O.R.S. § 24.190(2)(a)

While neither federal law nor state law requires that you register your restraining order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for an Oregon law enforcement official to determine whether your order is real. Therefore, it could take longer to get your order enforced.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Oregon. To see a list of local domestic violence organizations in Oregon, go to our Oregon Advocates and Shelters page.