How to File a Restraining Order in Oregon: Forms, Filing, and Service

To file a restraining order in Oregon, you take a completed petition to your local circuit court clerk, appear the same day or the next judicial day at a short hearing where only you are present, and, if the judge signs a temporary order, have the sheriff serve it on the person you are seeking protection from. There is no filing fee, and you do not need a lawyer. The steps below walk through each stage and point out where cases most often stall.

Pick the Right Type of Order First

Oregon has five protective orders, and the petition form, eligibility rules, and duration are different for each. Picking the wrong one can mean a denied petition and a wasted trip to the courthouse.

A Family Abuse Prevention Act (FAPA) order is for abuse by a family or household member or someone you have had a sexual relationship with, when the abuse happened in the past 180 days. Time the respondent spent in jail or living more than 100 miles away does not count against that window.¹
A Stalking Protective Order is for repeated unwanted contact on at least two occasions in the past two years that made you reasonably fear for your physical safety. No specific relationship is required.²
A Sexual Abuse Protective Order (SAPO) is for sexual abuse by someone who is not a family member or intimate partner. There is no deadline for when the abuse must have occurred.³
An Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) order is for people 65 or older or with a qualifying disability who have experienced abuse, financial exploitation, or neglect in the past 180 days.⁴
An Extreme Risk Protection Order (ERPO) is different: you cannot file one for yourself. A family or household member or a law enforcement officer petitions the court to keep firearms out of the hands of someone who poses a serious risk of harming themselves or others.⁵

If you are not sure which fits, call the Call to Safety crisis line at 1-888-235-5333 or Oregon Law Help before you file. An advocate can walk through the facts with you.

Gather Your Information Before You Go

The petition asks for identifying details about the respondent and a written account of what happened. The more complete your paperwork, the stronger your case and the easier it will be for the sheriff to find the respondent later.

You need the respondent’s full name, date of birth, and current address. Add a physical description: height, weight, hair color, any distinguishing features. If you do not know a home address, write down a workplace or any location where the respondent can regularly be found.

Then write out what happened. For each incident, include the date, the location, and a factual description of what the respondent did and how it affected you. Stick to concrete facts rather than characterizations. For a FAPA order, the judge needs to see that at least one incident falls within the 180-day window and that you face imminent danger of further abuse.⁶ For a stalking order, the judge needs at least two incidents of unwanted contact in the past two years that made you reasonably fear for your safety.⁷

The Oregon Judicial Department publishes interview-based online forms (called iForms) and downloadable paper forms. The clerk’s office at your circuit court also keeps paper forms on hand. Make sure you choose the petition that matches the order type you need; the forms are not interchangeable.⁸

Where to File and What Happens the Same Day

File your completed petition with the circuit court clerk in the county where you live, where the respondent lives, or where the abuse took place. Oregon charges no filing fee for any protective order.⁹

Once your petition is filed, the court holds an ex parte hearing the same day or the next judicial day.¹⁰ “Ex parte” means only you appear. The respondent is not notified and is not present. The judge reads your petition, may ask follow-up questions, and decides whether to grant a temporary order. If the judge finds you are in immediate danger, the temporary order is signed on the spot and you leave the courthouse with it in hand.

If the judge denies the petition, ask the clerk what your options are. In some cases you can refile with a fuller account, and in others a different order type may fit your facts better.

Serving the Respondent

A temporary order is not enforceable until the respondent has been personally served with a copy. The clerk forwards the order and petition to the county sheriff, who serves the respondent at no cost to you. You may also use a private process server if you prefer.¹¹⁶

If the sheriff cannot locate the respondent within 10 days, the sheriff must notify you at the address you gave the court. The documents stay with the sheriff for future attempts, but your order has no legal force against the respondent until service happens.⁶ Many cases stall here. If you know a workplace, a relative’s address, or another spot where the respondent can be found, pass that along to the sheriff.

The 30-Day Window and the Final Order

After service, the respondent has 30 days to request a contested hearing. If no hearing is requested in that window, the order is automatically confirmed by operation of law for its full duration.¹² If the respondent does ask for a hearing, the court sets a date where both sides can testify and present evidence. The judge then decides whether to continue, modify, or dismiss the order.

How long a final order lasts depends on the type. A FAPA order runs two years from issuance unless replaced by a later order in a divorce or custody case, and it can be renewed.⁶ A Stalking Protective Order has unlimited duration unless the court sets a limit.¹³ A SAPO runs five years, with a possible permanent order if the respondent has been convicted of a qualifying sex offense against you or the court finds your fear is objectively reasonable and unlikely to fade.¹⁴ The court sets the duration of an EPPDAPA order, and an ERPO runs one year, renewable on a new petition.

If an order is nearing expiration and you still need protection, file a renewal before it lapses. Renewing an existing order is easier than starting over.

Safety Planning and Free Help

Filing can escalate a dangerous situation in the short term. The period right after service is statistically the most volatile. Before you file, have a plan: know where you will stay, pack a bag with essentials, and tell someone you trust what is going on.

Several free resources are available while you file:

The Call to Safety crisis line reaches a domestic violence advocate at 1-888-235-5333, around the clock.¹⁵
Oregon Law Help offers free legal information on each order type and can connect you with legal aid attorneys who assist with filings at no charge.
The Oregon Department of Justice runs an Address Confidentiality Program, a free mail forwarding service that gives you a substitute mailing address so your real location stays hidden from the respondent.¹⁵
If you live in federally subsidized housing, the Violence Against Women Act bars your landlord from evicting you or ending your assistance because of domestic violence. You can request a lease change to remove the abuser or an emergency transfer to a different unit.¹⁶

You do not need an attorney to file, and many people file successfully on their own. If the respondent hires a lawyer for the contested hearing, or if custody issues are involved, representation makes a real difference, and Oregon’s legal aid organizations can often provide a free attorney for contested hearings in domestic violence cases.

1
Oregon Public Law. Oregon Code 107.705 – Definitions for ORS 107.700 to 107.735
2
Oregon Public Law. Oregon Code 30.866 – Action for Issuance or Violation of Stalking Protective Order
3
Oregon Judicial Department. Sexual Abuse Protection Order
4
Oregon Judicial Department. Instructions to Apply for a Restraining Order Under EPPDAPA
5
Oregon Judicial Department. Protective Orders
6
Oregon Public Law. Oregon Code 107.718 – Restraining Order
7
Oregon Judicial Department. How to File a Stalking Protective Order
8
Oregon Judicial Department. Family Abuse Prevention Act (FAPA) Restraining Orders
9
Oregon Law Help. Getting a Restraining Order in Oregon
10
Oregon Public Law. Oregon Code 124.020 – Ex Parte Hearing, Required Findings, Judicial Relief
11
Oregon Public Law. Oregon Code 21.300 – Sheriff and Process Server Fees
12
Oregon Judicial Department. Opposing a Family Abuse Prevention Act (FAPA) Restraining Order
13
Oregon Public Law. Oregon Code 163.738 – Effect of Citation, Contents, Hearing, Court Order
14
Oregon Public Law. Oregon Code 163.765 – Restraining Order, Service of Order
15
Oregon Department of Human Services. Domestic Violence Services
16
U.S. Department of Housing and Urban Development. Violence Against Women Act (VAWA)