No Contact Orders in Oregon: Types, Filing, and Penalties

No contact orders in Oregon come in four main varieties: Family Abuse Prevention Act (FAPA) restraining orders for family or household members, stalking protective orders for repeated unwanted contact outside a family relationship, criminal no-contact orders that attach automatically to certain criminal cases, and elder or vulnerable person protective orders. Which one applies depends on your relationship to the other person, whether a crime has been charged, and the type of conduct involved. The filing process, how long the order lasts, and the consequences for breaking it are not the same across the four.

Which Order Fits Your Situation

Start with the relationship and the conduct. If the person who harmed or threatened you is a current or former spouse, someone you live with or lived with, a person you’ve been sexually intimate with in the past two years, a blood or marital relative, or the other parent of your child, a FAPA order is usually the right path. If there is no such relationship but someone has repeatedly contacted you in a way that caused reasonable fear, a stalking protective order fits. If criminal charges have already been filed against the person for a sex crime, bias crime, or domestic violence offense, a criminal no-contact order is likely already in place through the criminal case. If the person being protected is 65 or older or has a disability, Oregon has a separate protective order statute for them.

FAPA Restraining Orders

The Family Abuse Prevention Act, ORS 107.700 through 107.735, is the most commonly used protective order statute in Oregon. “Abuse” under FAPA means causing or attempting to cause bodily injury, placing someone in fear of imminent serious bodily injury, or forcing sexual contact.¹

The definition of “family or household member” is broader than most people expect. It covers spouses and former spouses, adults related by blood or marriage, people who live together or have lived together, those in a sexually intimate relationship within the past two years, and unmarried parents of a child.¹ You don’t have to be married or currently living with the person.

Two things have to be true to qualify. The abuse must have occurred within 180 days before the petition date, and you must show you face imminent danger of further abuse. Time the respondent spent incarcerated or living more than 100 miles away does not count toward that 180-day window.² The judge must find the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child.³

A FAPA order lasts two years from the date the judge signs it, under legislation that extended the prior one-year duration for orders issued on or after January 1, 2024.⁴

Stalking Protective Orders

Stalking protective orders under ORS 30.866 fit situations where you don’t have a family or household relationship with the person. You can seek one if someone repeatedly made unwanted contact that caused reasonable alarm or fear for your personal safety. The contact must have been intentional, and it must be objectively reasonable for someone in your situation to feel alarmed.⁵

“Repeated” matters: a single incident is not enough. The petition must be filed within two years of the conduct giving rise to the claim.⁵ A stalking order has unlimited duration unless the court specifically limits it.⁶

Criminal No-Contact Orders

When someone is charged with a sex crime, a bias crime, or domestic violence, ORS 135.247 requires the court to enter an order prohibiting the defendant from contacting the victim. These orders come out of the criminal case rather than a separate civil petition. A release assistance officer must include a no-contact provision in any release decision for these charges, and the court continues or enters the order at arraignment.⁷

The restriction covers direct contact and contact through a third party. The order stays in effect while the criminal case is pending and can continue as a condition of probation after a conviction. The victim does not have to file anything; the criminal court handles the order automatically. Only the criminal court can modify the terms, and the district attorney weighs the victim’s safety against any proposed change before the judge rules.

Elder and Vulnerable Person Protective Orders

Oregon provides separate protective orders for people age 65 and older and for people with disabilities under ORS 124.005 through 124.040. “Abuse” here is broader than under FAPA: it covers physical injury, neglect, abandonment, financial exploitation, verbal harassment, intimidation, and nonconsensual sexual contact.⁸

The elderly person, the person with a disability, or a guardian can file. The abuse must have occurred within the preceding 180 days, and the petitioner must be in immediate and present danger of further abuse. The court holds an ex parte hearing on the day the petition is filed or the following judicial day. One boundary: an elderly person or person with a disability cannot use this statute against their own court-appointed guardian or conservator.⁹

What the Order Can Require

ORS 107.718 lists what a judge can order under FAPA, and it goes well past “stay away”:

No contact with the petitioner in person, by phone, or by mail.³
Move out of a shared residence if the home is in the petitioner’s name, jointly owned or rented, or the parties are married.³
Stay out of a reasonable area around the petitioner’s home, workplace, or other locations the court identifies. The statute uses “reasonable area surrounding” rather than a fixed distance, so the judge decides.³
Temporary custody of the parties’ children to the petitioner, with parenting time for the other parent only if it serves the child’s best interest.³
A peace officer escort for the departing party to collect essential belongings such as clothing, medications, identification, and children’s items.³
Emergency monetary assistance to the petitioner.³
Protection for service animals, therapy animals, and pets from neglect or harm.³

The no-contact piece extends past obvious channels. The respondent cannot ask a friend or relative to pass a message along. Digital contact through social media, email, or text counts as a violation. Courts treat indirect and electronic contact the same as showing up in person.

Firearms

Under ORS 166.255, someone subject to a qualifying restraining order cannot possess firearms or ammunition in Oregon. The order must have been issued after a hearing with notice to the respondent and must include a finding that the respondent represents a credible threat to the physical safety of a family or household member or child.¹⁰

Federal law adds a parallel ban. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying domestic violence protective order cannot ship, transport, or possess a firearm or ammunition anywhere in the country. The federal rule applies when the order was issued after a hearing with notice, restrains the person from threatening or harassing an intimate partner or child, and either includes a credible-threat finding or explicitly prohibits the use of physical force.¹¹ Violating it is a federal felony on its own.

How to File

FAPA forms are available at any county circuit court clerk’s office or through the Oregon Judicial Department’s website. You do not need an attorney. The petition asks you to describe the abuse, when it happened, and your relationship to the respondent. You have to give the court and sheriff a contact address and phone number, but it does not have to be your home address. If you don’t want the respondent to know where you live, you can list a safe alternate address.¹²

You will also fill out a Confidential Information Form, which stays private. Only the person who files it can see it unless a court orders otherwise.¹³

Once you file, the clerk sends your paperwork to a judge, who usually holds an ex parte hearing the same day with only you present. The judge may ask about what you wrote. If the judge finds enough evidence of abuse and imminent danger, a temporary order takes effect immediately.¹⁴ A county sheriff or process server then delivers the order to the respondent. The order is not enforceable against the respondent until service is complete.

If You’ve Been Served

If someone has served you with a FAPA restraining order, you have 30 days from the date of service to file a Request for Hearing. Miss that deadline and the order stays in place for its full two-year term without any hearing.¹⁵

Once you request a hearing, the court must hold it within 21 days. If you are contesting a temporary custody provision, that drops to five days. Both sides can present evidence and testimony. The court can continue the order if it finds abuse occurred within the 180-day window, the petitioner reasonably fears for their safety, and the respondent is a credible threat. The judge can also cancel or change any part of the order and may award attorney fees to either side.¹⁶

Stalking orders work differently. A respondent who receives a citation must appear on the hearing date it lists. Fail to show, and the court issues an arrest warrant and enters the order by default.⁶ Either way, the court can continue the hearing up to 30 days and keep a temporary order in place in the meantime.

Penalties for Violation

Under ORS 133.310, Oregon police are required to arrest without a warrant when they have probable cause to believe someone violated a restraining order, as long as a copy of the order and proof of service are on file. The arrest is not discretionary. The same mandatory arrest rule applies to out-of-state protective orders when the protected person presents a copy or the order appears in the law enforcement database.¹⁷

Violations of FAPA orders, elder abuse orders, and criminal no-contact orders are prosecuted as contempt of court rather than as freestanding criminal charges. Punitive contempt can carry up to six months in jail, a fine of up to $500 or one percent of annual gross income (whichever is greater), or both. In summary proceedings, confinement tops out at 30 days and the fine at $500.¹⁸ Contempt is not technically a criminal conviction, but jail time is still jail time.

Stalking order violations carry heavier consequences. A first violation is a Class A misdemeanor, punishable by up to 364 days in jail. A second violation, or any violation where the person has a prior stalking conviction, is a Class C felony classified as a person felony on the sentencing guidelines grid.¹⁹

Modifying, Renewing, and Ending an Order

Either party can ask the court to change the terms of a FAPA order for good cause. The petitioner has an easier path: an ex parte motion, without the respondent present, to remove restrictions or make them less restrictive.²⁰ The respondent has to request a full hearing to seek changes.

One point catches people out: the petitioner cannot informally end the order by inviting the respondent over or resuming contact. The order remains legally binding until a judge signs a document changing or dismissing it. If the respondent shows up at the petitioner’s invitation, the respondent can still be arrested.

A FAPA order can be renewed for another two years if the petitioner reasonably fears further abuse. Renewal does not require proof of new abuse, only a reasonable fear that it could happen again, and the paperwork has to be filed before the current order expires.⁴²¹ Stalking orders stay in effect indefinitely unless the court sets a specific end date.⁶

Enforcement Across State Lines

Federal law requires every state to enforce valid protective orders from other states as if they were local. Under 18 U.S.C. § 2265, a protection order that meets basic due process requirements must be given full faith and credit by any other state, tribe, or territory. The order does not need to be formally registered in the new state to be enforceable.²²

If someone crosses state lines and violates a protective order, federal charges under 18 U.S.C. § 2262 can apply on top of state charges. Federal penalties range up to five years in prison for a general violation, up to 20 years if the victim suffers serious bodily injury, and up to life if the victim dies. Oregon’s mandatory arrest rule explicitly covers out-of-state orders, so Oregon officers will arrest for a violation of another state’s order the same way they would for an Oregon one.¹⁷

1
Oregon State Legislature. Oregon Revised Statutes Chapter 107 – Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention Act
2
Oregon Public Law. Oregon Code 107.710 – Petition to Circuit Court for Relief; Burden of Proof
3
Oregon State Legislature. Oregon Code 107.718 – Restraining Order
4
Oregon Public Law. Oregon Code 107.725 – Renewal of Order
5
Oregon State Legislature. Oregon Code 30.866 – Action for Issuance or Violation of Stalking Protective Order; Attorney Fees
6
Oregon Public Law. Oregon Code 163.738 – Effect of Citation; Contents; Hearing
7
Oregon State Legislature. Oregon Code 135.247 – Order Prohibiting Contact With Victim of Sex Crime, Crime Involving Bias or Domestic Violence
8
Oregon Public Law. Oregon Code 124.005 – Definitions for ORS 124.005 to 124.040
9
Oregon Public Law. Oregon Code 124.010 – Petition for Relief; Time Limitation
10
Oregon Public Law. Oregon Code 166.255 – Possession of Firearm or Ammunition by Certain Persons Prohibited
11
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
12
Oregon Judicial Department. FAPA Restraining Order – Instructions
13
Oregon Judicial Department. Confidential Information Form (FAPA)
14
Oregon Public Law. Oregon Code 124.020 – Ex Parte Hearing
15
Oregon Judicial Department. FAPA – Instructions to Contest a Restraining Order
16
Oregon Public Law. Oregon Code 107.716 – Hearing; Order; Certificate of Compliance
17
Oregon Public Law. Oregon Code 133.310 – Authority of Peace Officer to Arrest Without Warrant
18
Oregon State Legislature. Oregon Revised Statutes Chapter 33 – Contempt of Court
19
Oregon Public Law. Oregon Code 163.750 – Violating a Court’s Stalking Protective Order
20
Oregon Public Law. Oregon Code 107.730 – Modification of Order Entered Under ORS 107.700 to 107.735; Service; Attorney Fees
21
Oregon Judicial Department. FAPA Restraining Order – Renew – Instructions
22
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders