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EspañolAm I eligible to file for a Family Abuse Prevention Act restraining order?
You are eligible to file for a Family Abuse Prevention Act restraining order if you have experienced domestic abuse within the last 180 days and are in imminent danger of further abuse1 by a family or household member. When calculating the 180-day time period, any time during which the abuser was in prison or was living more than 100 miles from you does not count as part of the 180-day period. A “family or household member” is defined as:
- a current or former spouse;
- an adult related by blood, marriage, or adoption;
- someone you are living with or have lived with in the past and had a sexual relationship with (“cohabitation”);
- someone you have been in a sexually intimate relationship with, within two years immediately before filing the restraining order petition; or
- someone who you have a child with.2
If you are not eligible for a Family Abuse Prevention Act (“FAPA”) restraining order, you may be eligible for a stalking protection order, a sexual abuse protective order, or a restraining order for the elderly and disabled.
1 O.R.S. § 107.710(6)
2 O.R.S. § 107.705(4)
Can I get a restraining order against a same-sex partner?
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.
Can I get a restraining order if I'm a minor?
If you are under 18 years old, you can only file on your own for a Family Abuse Prevention Act restraining order if:
- the abuser is over 18; and
- the abuser is:
- your spouse or former spouse; or
- someone with whom you have been in a sexually intimate relationship (regardless of whether or not you ever lived together).1
You must have experienced domestic abuse within the last 180 days to get a restraining order against the abuser. However, any time during which the abuser is in prison or lives more than 100 miles from you does not count as part of the 180-day period.2
In many states, a parent or guardian can file on behalf of a minor if the minor is a victim of abuse. However, in Oregon, an adult cannot file on behalf of a minor. The minor must meet the above requirements to qualify for a Family Abuse Prevention Act restraining order. If you do not satisfy the above requirements, speak to a local domestic violence organization for more information about how you may be able to plan for your safety. You can find one near you on our Oregon Advocates and Shelters page.
1 O.R.S § 107.726
2 O.R.S § 107.710(6)
How much does it cost? Do I need an attorney?
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)
