Oregon Domestic Violence Laws: Charges, Arrest, and Orders

Oregon domestic violence laws operate on two tracks at once: a criminal system that requires police to arrest a suspected abuser on probable cause, and a civil system that lets victims obtain protection orders without any criminal case being filed. A conviction or a qualifying protection order also triggers firearm bans, weighs against the offender in custody disputes, and can start deportation proceedings for non-citizens. Which rules apply depends heavily on the relationship between the people involved.

Who the Law Counts as a Family or Household Member

The specialized domestic violence framework only applies when the people involved fit Oregon’s definition of family or household members. Under ORS 107.705, that includes current or former spouses, adults related by blood, marriage, or adoption, current or former cohabitants, unmarried parents of the same child, and people who were in a sexually intimate relationship within the two years before a petition is filed.¹

Roommates with no romantic history, acquaintances, and neighbors are not on that list. Violence between those people is still a crime, but it is prosecuted under general assault statutes rather than the domestic violence rules with their mandatory arrest and specialized protection orders. The two-year window on intimate relationships also matters: if there has been no contact for longer than that, FAPA restraining orders may not be available, though criminal charges can still follow.

Mandatory Arrest When Police Respond

Oregon is not a cool-off-and-walk-away state. Under ORS 133.055, when an officer responds to a domestic disturbance and develops probable cause to believe an assault occurred between family or household members, the officer is required to make an arrest. The same mandate applies when one household member has placed another in fear of imminent serious physical injury.²

That takes field discretion away from the officer and the decision to press charges away from the victim. When choosing who to arrest, the officer weighs the severity of injuries, the history of violence between the parties, whether anyone acted in self-defense, and the potential for future assaults. The statute explicitly says the officer is not required to arrest both people, a provision aimed at stopping mutual-accusation tactics that discourage victims from calling for help. Officers must also tell each person about available shelters and services and provide immediate notice of legal rights and remedies.²

Common Criminal Charges and Penalties

Assault in the Fourth Degree

Most Oregon domestic violence prosecutions start here. ORS 163.160 covers intentionally, knowingly, or recklessly causing physical injury to another person. As a Class A misdemeanor, it carries up to one year in jail and a fine of up to $6,250.³⁴

The charge jumps to a Class C felony, punishable by up to five years in prison, if a minor child witnessed the assault or if the defendant has a prior conviction for assault, strangulation, or menacing against the same victim.³⁵

Strangulation

ORS 163.187 covers knowingly blocking someone’s breathing or blood circulation by applying pressure to the throat, neck, or chest, or by covering the nose or mouth. On paper, the base offense is a Class A misdemeanor, but in a domestic violence case it is almost always a felony. The statute elevates strangulation to a Class C felony when the victim is a family or household member, when the victim is under 10 years old, when a minor child witnesses the act, when the victim is pregnant, or when the defendant has a prior assault-related conviction against the same victim. Because domestic cases by definition involve family or household members, prosecutors routinely charge DV strangulation as a felony carrying up to five years in prison.⁶

Menacing

Menacing under ORS 163.190 covers threats rather than physical contact. A person commits menacing by intentionally trying to place someone in fear of imminent serious physical injury through words or conduct. It is a Class A misdemeanor. When the conviction involves domestic violence, the judgment must specifically note that fact, which pulls in additional consequences including the firearm ban.⁷

The Automatic No-Contact Order After Release

Under ORS 135.260, when a defendant charged with a domestic violence offense is released from custody, the court must include a no-contact provision as a condition of release. That means no phone calls, no texts, no showing up in person, and no messages through third parties.⁸

The condition catches many defendants off guard. Violating it leads to a new arrest and additional charges even if the victim wants the contact and initiates it. The order stays in place until the court modifies or lifts it; the victim cannot waive it by inviting the defendant over.

Civil Protection Orders

A victim can seek a civil protection order whether or not police were ever called. The main order for domestic situations is the Family Abuse Prevention Act restraining order. To qualify, the petitioner must show abuse by a family or household member within the preceding 180 days and imminent danger of further abuse. Time the abuser spent incarcerated or living more than 100 miles away does not count against that 180-day window.⁹

The process is designed to be fast. The court holds an ex parte hearing the same day or the next business day, and if the judge grants the order it takes effect immediately upon service. The respondent then has 30 days to request a contested hearing; if none is requested, the order is confirmed automatically. A FAPA order can require the respondent to move out of a shared home, stay away from the petitioner’s residence, workplace, and children’s schools, comply with temporary custody arrangements, and surrender firearms.¹⁰

Oregon also offers related orders for different situations: a protection order under the Elderly Persons and Persons with Disabilities Abuse Prevention Act, which reaches physical abuse and financial exploitation of covered individuals, and a stalking protective order under ORS 163.738 for repeated unwanted contact that causes objectively reasonable fear for personal safety.¹¹¹²

Violating a FAPA restraining order is not charged as a standalone crime. Instead, it is handled through contempt of court, which can be remedial or punitive and can result in fines and jail time, though the procedural posture differs from a standard criminal prosecution.

Firearm Restrictions

Oregon domestic violence cases create overlapping state and federal firearm prohibitions, and running afoul of either is a separate offense.

ORS 166.255 bars firearm and ammunition possession for anyone convicted of a qualifying misdemeanor involving the use, attempted use, or threatened use of force or a deadly weapon against a family or household member. The same prohibition reaches people subject to certain court orders that restrain them from stalking, intimidating, or menacing a family or household member, provided the order was issued after a hearing where the respondent had notice and an opportunity to participate and includes a finding that the respondent is a credible threat to the physical safety of the protected person. A FAPA order confirmed without a hearing because the respondent did not request one within 30 days can still trigger the ban, as long as the respondent received notice of the opportunity to request a hearing.¹³

Federal law adds a second layer. Under 18 U.S.C. 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is barred from possessing, receiving, or transporting any firearm or ammunition, with no exception for law enforcement or military personnel. A separate provision at 18 U.S.C. 922(g)(8) bars firearm possession for anyone subject to a final restraining order involving a spouse, former spouse, cohabitant, or parent of a shared child. Both the state and federal prohibitions can apply to the same person at once.¹⁴

Custody, Immigration, and Housing Consequences

A domestic violence record follows a parent into custody court. ORS 107.137 lists domestic violence as a factor in custody determinations and creates a rebuttable presumption against granting custody to a parent with a history of abuse. The parent with the DV record starts behind and must convince the court that custody still serves the child’s best interests. Temporary custody provisions in a FAPA order can also set a status quo that judges are reluctant to disturb when a divorce or custody case follows.

For non-citizens, the stakes include deportation. Under 8 U.S.C. 1227(a)(2)(E), a conviction for a crime of domestic violence, stalking, child abuse, or violating a protection order makes a person deportable. The statute defines a crime of domestic violence broadly to reach any crime of violence against a current or former spouse, a person with whom the offender shares a child, a cohabitant, or anyone protected under domestic violence laws. A conviction classified as an aggravated felony or a crime involving moral turpitude can also block future re-entry, naturalization, and green card eligibility. Anyone who is not a U.S. citizen should consult an immigration attorney before accepting any plea.¹⁵

Victims have federal housing protections through the Violence Against Women Act. Covered housing programs, including public housing, housing vouchers, and homeless assistance programs, cannot deny admission to or evict someone solely because they are a domestic violence survivor, and the same rule covers criminal activity directly connected to the abuse. Covered providers must give tenants written notice of VAWA rights and a certification form. VAWA also protects the right to call police or report emergencies from the home, and violations can be reported to HUD’s Office of Fair Housing and Equal Opportunity.¹⁶

Oregon Protection Orders Across State Lines

An Oregon protection order keeps its force outside Oregon. Under the federal Violence Against Women Act at 18 U.S.C. 2265, every state and tribal jurisdiction must enforce qualifying protection orders from other states as if the orders were their own, provided the issuing court had jurisdiction, the respondent received notice and an opportunity to be heard, and the order was filed by or on behalf of the person seeking protection. Enforcing states must honor the specific terms even if those exact provisions are not available locally. Ex parte orders qualify as long as a hearing opportunity follows within a reasonable time, and the respondent does not need to register the order in the new state before it becomes enforceable. If you relocate, carry a copy; local law enforcement can act on it immediately.¹⁷

1
Oregon Public Law. Oregon Code 107.705 – Definitions for ORS 107.700 to 107.735
2
Oregon State Legislature. Oregon Code 133.055 – Criminal Citation; Exception for Domestic Disturbance; Notice of Rights
3
Oregon Public Law. Oregon Code 163.160 – Assault in the Fourth Degree
4
Oregon Public Law. Oregon Code 161.635 – Fines for Misdemeanors
5
Oregon State Legislature. Oregon Code 161.605 – Maximum Terms of Imprisonment
6
Oregon State Legislature. Oregon Code 163.187 – Strangulation
7
Oregon State Legislature. Oregon Code 163.190 – Menacing
8
Oregon Public Law. Oregon Code 135.260 – Conditional Release
9
Oregon Public Law. Oregon Code 107.710 – Petition to Circuit Court for Relief
10
Oregon Public Law. Oregon Code 107.718 – Restraining Order; Service of Order
11
Oregon State Legislature. Oregon Code 124 – Abuse Prevention and Reporting; Civil Action for Abuse
12
Oregon Public Law. Oregon Code 163.738 – Effect of Citation; Contents; Hearing
13
Oregon Public Law. Oregon Code 166.255 – Possession of Firearm or Ammunition by Certain Persons Prohibited
14
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
15
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
16
U.S. Department of Housing and Urban Development (HUD). Your Rights Under the Violence Against Women Act (VAWA)
17
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders