Restraining Orders

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)