How to Get a Restraining Order in Oregon: Filing, Service, and Enforcement

To get a restraining order in Oregon, you file a petition at your county circuit court, see a judge the same day or the next business day, and if the judge finds you are in immediate danger, a temporary order takes effect as soon as the sheriff serves the other person. There is no filing fee, no fee for service, and no requirement that you hire a lawyer. The steps below walk through the process from choosing the right type of order to keeping it in place after it is granted.

Choose the Right Type of Order

Oregon has five civil protective orders, and filing under the wrong one is a common early mistake. Which one fits depends on who harmed you and what happened.

A Family Abuse Prevention Act (FAPA) order is the most commonly filed. You can get one against a spouse or ex-spouse, someone you had a sexual relationship with in the past two years, a romantic partner you live or lived with, the other parent of your child, or a family member related by blood, marriage, or adoption. The abuse must have happened within the last 180 days, and you must show immediate danger of further abuse. Time the respondent spent in jail or lived more than 100 miles from you does not count toward that 180 days. A final FAPA order lasts two years.¹
A Stalking Protective Order (SPO) is available against anyone, regardless of relationship. You need to show the person contacted you at least twice, knew or should have known the contact was unwanted, and left you alarmed or afraid for your safety. It does not expire on its own.²
A Sexual Abuse Protective Order (SAPO) is for victims of sexual abuse when the abuser does not fit the FAPA relationship categories. It lasts five years and can be made permanent in certain cases.³
An Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPAP) order protects adults 65 and older and people with disabilities from abuse, including physical harm, threats, and financial exploitation. The same 180-day and immediate-danger requirements apply.⁴
An Extreme Risk Protection Order (ERPO) temporarily removes firearms from a person in crisis. Only law enforcement or a family or household member of the respondent can file, so this is not the route for someone seeking protection from another person’s conduct toward them.⁵

Gather What You Need Before Filing

Collect as much identifying information about the respondent as you can: full legal name, date of birth, and a current address. The court and sheriff use this to locate and serve the person. If some of it is missing, file anyway with what you have.

You will also need to describe the abuse or stalking in detail. For each incident, write down the date, approximate time, location, and a factual account of what happened. Include threats, injuries, witnesses, and any police report numbers. Specific, dated incidents are far more persuasive than general statements. “On March 12, he blocked me from leaving the kitchen and shoved me into the counter” reads very differently to a judge than “he is often violent.”

Official petition forms are available on the Oregon Judicial Department’s website or in person at any circuit court clerk’s office. Court staff can direct you to the correct forms, but they cannot give legal advice about what to put in them.

File the Petition and See the Judge

File your petition with the circuit court clerk in the county where you or the respondent lives. There is no filing fee for any protective order in Oregon.¹

After you file, the court holds an ex parte hearing either the same day or the next business day. Only you appear; the respondent has not been notified yet. The judge reads your petition and may ask questions to clarify the timeline or fill in gaps.⁶

If the judge finds immediate danger, the court issues a temporary restraining order on the spot. If the judge denies the petition, you can file again with more information or try a different type of order.

Service by the Sheriff

You cannot hand the paperwork to the respondent yourself. After the judge signs the temporary order, the clerk forwards the documents to the local sheriff’s office, which personally serves the respondent at no cost to you.⁷

Until the respondent is served, the order exists but cannot be enforced for violations. If you know where the respondent works, lives, or spends regular time, tell the clerk. Failed service is one of the most common reasons temporary orders lapse before becoming final.

What Happens After Service

Once served, the respondent can request a contested hearing. If custody is in dispute, the hearing must happen within five business days of the request. For all other issues, it must happen within 21 calendar days.⁸

At that hearing, both sides can testify, present evidence, and call witnesses. Bring whatever supports your petition: photographs of injuries, screenshots of threatening messages, copies of police reports, and witnesses who saw what happened. The judge applies a preponderance-of-the-evidence standard, meaning you need to show it is more likely than not that the abuse or stalking occurred. You do not need to prove the case beyond a reasonable doubt. After hearing both sides, the judge either grants a final order or dismisses the temporary one.

If the respondent is served and does nothing, the temporary order becomes final automatically. For a FAPA order, that final order runs two years without any further court appearance on your part.¹ Many respondents never request a hearing, so this is a common outcome. Either way, keep a certified copy of the order with you at all times.

What You Can Ask the Judge to Include

A FAPA order is not a single standard document. You choose the provisions to request in your petition, and the judge decides which to grant:

No contact in person, by phone, by mail, by email, through social media, or through a third party.
A stay-away distance of at least 150 feet, or more, from your home, workplace, school, and other locations you frequent.
A move-out order requiring the respondent to leave a shared residence, even if both names are on the lease or title.
Temporary custody of your children, with parenting time set, limited, or denied based on safety.
Surrender of all firearms and ammunition.
Emergency monetary assistance.
Protection for service animals, therapy animals, and pets.⁶

If the Order Is Violated

Violating a restraining order is a criminal offense in Oregon. Officers are required to arrest without a warrant when they have probable cause to believe the person violated an order that has been properly filed with the court.⁹ The officer has no discretion to issue a warning. If you report a violation and the officer can verify the order is valid and was served, the respondent goes to jail.

Call 911 right away if the respondent violates the order. Keep a written log of every violation, including minor ones like a text message or a drive-by. A pattern of violations strengthens both criminal charges and any later request to renew the order.

Renewing or Modifying the Order

A FAPA order expires after two years, but you can renew it for another two-year period. In your renewal petition, you explain why someone in your situation would reasonably fear further abuse if the order ended. You do not need to prove new abuse occurred while the order was in effect.¹⁰ The court can grant renewal on the papers alone. If the respondent objects, a hearing must be held within 21 days. There is no cap on renewals.

Either party can also ask the court to modify specific terms for good cause, such as adjusting custody or stay-away locations. A petitioner can loosen the order through an ex parte motion, but changes to custody or added restrictions require serving the other party and giving them a chance to respond.¹¹

Where to Get Free Help

You do not need a lawyer to file, but having one matters if the respondent contests the order or hires their own attorney. Several Oregon resources are free or reduced-cost:

Legal Aid Services of Oregon offers free legal help to low-income Oregonians, including representation in restraining order cases. Information is at oregonlawhelp.org or through your local legal aid office.
The Oregon State Bar Lawyer Referral Service connects you with an attorney at 503-684-3763 or 1-800-452-7636.
The Oregon State Bar’s Modest Means Program connects people who do not qualify for free aid with attorneys who charge reduced rates.
Many Oregon courts run family law facilitation programs where staff help you understand which forms to use and how the process works, though they cannot give legal advice.

County domestic violence advocacy organizations can help with safety planning, shelter, and sometimes court accompaniment. The clerk’s office can give you local referrals when you file.¹²

1
Oregon Judicial Department. Family Abuse Prevention Act (FAPA) Restraining Orders
2
Oregon State Legislature. Oregon Revised Statutes 163.738
3
Oregon Public Law. Oregon Code 163.765
4
Oregon Public Law. Oregon Code 124.010
5
Oregon State Legislature. Oregon Revised Statutes Chapter 166
6
Oregon State Legislature. Oregon Revised Statutes 107.718
7
Oregon Public Law. Oregon Code 21.300
8
Oregon Judicial Department. Instructions to Contest a Restraining Order
9
Oregon Public Law. Oregon Code 133.310
10
Oregon State Legislature. Oregon Revised Statutes 107.725
11
Oregon Public Law. Oregon Code 107.730
12
Oregon Judicial Department. Family Law Self-Help