To dismiss a Family Abuse Prevention Act (FAPA) restraining order in Oregon, you file a written motion with the circuit court that issued the order and ask a judge to sign a dismissal. The order stays in full force until that signed termination exists, no matter what the two parties have agreed to privately.1Oregon Judicial Department. Family Abuse Prevention Act Benchbook How you get there depends almost entirely on which side of the order you are on.
If You Are the Petitioner
A petitioner can ask the court to dismiss the restraining order at any point during its two-year life. The motion must carry your notarized signature confirming the request is voluntary.2Oregon Judicial Department. Family Abuse Prevention Act Benchbook – Section: Termination Most judges review that notarized request and sign the dismissal without setting a hearing.
The practical point to hold on to: until the judge actually signs the termination order, the restraining order is still enforceable. Telling the respondent you dropped it, or letting them back into the house, does not change the legal status of the order. If police are called, the original restrictions still apply.
If a hearing is set, it is usually short. The judge may ask a few questions to confirm you are acting voluntarily and not under pressure. A petitioner who seems uncertain or fearful may prompt the judge to hold off on signing.
If You Are the Respondent: The 30-Day Window
Your strongest opportunity to challenge the order falls in the first 30 days after you are served. In that window you can file a Request for Hearing and contest any part of the restraining order in front of a judge. The form is available from the circuit court clerk’s office. Miss that deadline and the order is confirmed automatically by operation of law.3Oregon Public Law. Oregon Code 107.718 – Restraining Order; Service of Order; Request for Hearing
A contested hearing within the 30 days functions like a small trial. Both sides can present testimony and evidence. The petitioner carries the initial burden of showing abuse occurred, and you have the chance to challenge that evidence. Respondents who come in with organized documentation and clear testimony tend to do better than those who simply argue the order was unfair.
If You Are the Respondent After 30 Days
This is where many respondents get tripped up. Once the 30-day window closes, you cannot ask the court for an outright dismissal of the entire order. What you can ask for is a modification of specific provisions: custody or parenting-time arrangements, your removal from the home, restrictions from other locations, and contact with the petitioner.4Oregon Judicial Department. FAPA Instructions – Request Hearing The court will only make those changes for good cause shown. A judge may decide on the paperwork alone or schedule a hearing.5Oregon Public Law. Oregon Code 107.730 – Modification of Order Entered Under ORS 107.700 to 107.735
A quick boundary to be clear about: a FAPA order lasts two years from the date the judge signs it, and the petitioner can file for renewal before it expires without having to show that new abuse occurred.6Oregon Judicial Department. FAPA Renewal Packet Waiting out the clock is not always the safe strategy it looks like.
Forms You Need
The Oregon Judicial Department publishes the forms used to dismiss or modify a FAPA restraining order. You can pick them up from the circuit court clerk’s office in the county that issued the order, or get them through the Judicial Department’s website, which offers both paper forms and an online interview-based tool called Guide & File.7Oregon Judicial Department. Family Abuse Prevention Act (FAPA) Restraining Orders
You will need a motion requesting the dismissal and a proposed order for the judge to sign. The paperwork has to carry the original case number, which appears on the initial restraining order documents, and the full legal names of both parties exactly as the court record shows them.
If you are the petitioner, your motion needs that notarized signature. Most banks, UPS stores, and sometimes the courthouse itself can notarize the document. State plainly why protection is no longer needed. If you are a respondent asking for a modification after the 30-day window, describe the specific changes you are asking for and the circumstances that support them. A judge who can quickly see what you are asking and why will move the motion along faster.
Filing and Serving the Other Party
File the completed paperwork with the circuit court clerk in the county where the restraining order was originally issued. Oregon charges no filing fee for restraining order matters, including motions to dismiss or modify.8Oregon Judicial Department. OJD Guide and File Some counties accept electronic filing; availability varies.
Once the clerk accepts the documents, the other party has to be notified. This step cannot be skipped even if both of you agree to the dismissal. Service is typically handled by a private process server or a law enforcement officer, usually in the range of about $50 to $150 depending on county and circumstances. Proof of service then gets filed with the court, and the court either rules on the paperwork or sets a hearing.
What Happens If There Is a Hearing
A voluntary petitioner dismissal often never reaches a courtroom; the judge signs the order after reviewing the notarized motion. When a hearing does occur on that kind of request, it is brief and focused on confirming the petitioner is not being coerced.
A modification hearing requested by a respondent is more substantive. The judge will want to see the specific circumstances behind the request. Completion of counseling or treatment, stable housing, and a clean record since the order was entered all help establish good cause. If the judge grants the request, the signed order issues on the spot. If the judge denies it, the existing order stays in place for the rest of its two-year term unless a new motion is filed.
The court also retains general authority to cancel or change any FAPA order, and can award attorney fees to either party.9Oregon Public Law. Oregon Code 107.716 – Hearing; Order; Certificate of Compliance; Effect on Title to Real Property
After the Order Is Dismissed
Getting Out of the Police Database
When a restraining order is terminated before its expiration date, the court clerk sends a copy of the termination order to the county sheriff who originally entered it. The sheriff then removes the order from the Law Enforcement Data System (LEDS).10Oregon Public Law. Oregon Code 124.030 – Proof of Service of Restraining Order to Be Delivered to Sheriff; Entry in LEDS This is supposed to happen promptly, but in practice can take a few days. Until it does, an officer running your name during a traffic stop may still see the old order. Carry a certified copy of the signed dismissal through that transition period. It is your proof the restrictions have been lifted.
Firearms
A qualifying FAPA order triggers a federal prohibition on possessing firearms or ammunition under 18 U.S.C. 922, and Oregon’s statute explicitly notes that confirmed orders satisfy the due process requirements of 18 U.S.C. 922(g).11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts3Oregon Public Law. Oregon Code 107.718 – Restraining Order; Service of Order; Request for Hearing Once the order is dismissed, the federal prohibition tied to that order no longer applies. The FBI’s National Instant Criminal Background Check System (NICS) depends on state court records being updated, and that update can lag. If you run into a delay or denial at a dealer soon after the dismissal, a certified copy of the dismissal order helps resolve it through the dealer or a NICS appeal.
What Stays on the Record
A dismissed FAPA order is a civil court record, not a criminal conviction. Oregon court records are generally accessible to the public, so the original case file may still show up in courthouse records or online court databases after the dismissal. Whether a dismissed restraining order appears on an employment background check depends on the screening company and the type of search. Some pull civil court records; others look only at criminal history. If a past order is interfering with employment or housing, an attorney can advise on whether anything further can be done to limit its visibility.
Think Before You File
Petitioners should understand that a dismissed order is gone. If the situation deteriorates later, you would have to file a new petition from scratch, meet the legal requirements for abuse again, and wait for a new order to be issued and served. That gap in protection can be dangerous. A modification that eases specific restrictions may fit the situation better than removing all of them.
Respondents who want restrictions lifted but cannot get the petitioner to agree should focus on the modification process under ORS 107.730. Documenting changed circumstances, completed counseling or treatment, and a stable living situation strengthens the request. An attorney who works in Oregon family law can help identify which provisions are most likely to be modified and build the strongest showing of good cause.