Oregon Domestic Violence Laws: Charges, Orders, and Protections

Oregon domestic violence laws combine mandatory arrest at the scene, criminal charges that escalate to felonies under common aggravators, civil restraining orders a victim can get without filing criminal charges, and firearm, housing, and workplace protections that layer on top. The framework applies when the people involved have a specific family, household, or intimate relationship, and it covers more than physical violence: threats and coerced sexual contact count too.

What Counts as Domestic Violence in Oregon

Two things have to line up for Oregon’s domestic violence statutes to apply: the conduct and the relationship.

On the conduct side, ORS 107.705 recognizes three categories of abuse: actually causing or attempting physical injury (intentionally or recklessly), making someone fear imminent physical harm, and coerced sexual contact. Visible injuries are not required. Putting someone in fear of imminent harm is enough.¹

On the relationship side, the civil definition under ORS 107.705 covers current and former spouses, adults related by blood, marriage, or adoption, people who live together or have lived together, and unmarried parents of a shared child.¹ The criminal definition under ORS 135.230 adds one more category that matters a great deal: people who have been in a sexually intimate relationship, even if they never married, lived together, or had a child. That broader definition drives charging decisions on crimes like strangulation and triggers firearm restrictions on dating partners.²

If the relationship doesn’t fit either definition, the conduct is still prosecutable as ordinary assault, harassment, or menacing, but the domestic-violence overlays and civil remedies described below don’t apply.

What Happens When Police Are Called

Oregon doesn’t leave the arrest decision to officer discretion. Under ORS 133.055, when a peace officer responds to a domestic disturbance and has probable cause to believe an assault occurred between family or household members, or that one person placed the other in fear of imminent serious physical injury, the officer must arrest the suspected aggressor.³

The victim cannot stop the arrest. Saying “I don’t want to press charges” has no legal effect at that stage, because the arrest decision rests with the officer, not the victim. The legislature designed the rule this way because of the well-documented pressure victims face to recant or minimize in the hours after an incident.

Officers are also instructed not to arrest both parties. Instead, they must identify the primary aggressor by weighing:

The severity of each person’s injuries and the seriousness of any threats
The history of domestic violence between the two, if it can reasonably be found
Whether either person acted in self-defense
The potential for future assaults

Scratches on one person don’t automatically make them the victim. The analysis looks at the whole picture, including who has a pattern of control.⁴

Criminal Charges and Penalties

“Domestic violence” is not a standalone crime in Oregon. Prosecutors file specific charges and designate them as involving domestic violence. Two charges do most of the work.

Assault in the Fourth Degree

Fourth-degree assault under ORS 163.160 is the most common charge. In its basic form it’s a Class A misdemeanor carrying up to 364 days in jail and a fine up to $6,250.⁵⁶

It becomes a Class C felony, punishable by up to five years in prison, under any of these circumstances:

The assault occurred in the presence of the defendant’s or victim’s minor child, stepchild, or a minor child living in the household
The defendant has a prior conviction for assault, strangulation, or menacing against the same victim
The defendant has three or more prior convictions for assault, strangulation, or menacing against any victim
The defendant committed the assault knowing the victim was pregnant

Each of these aggravators turns a misdemeanor case into a felony with lasting consequences for employment, housing, and gun rights.⁵⁷

Strangulation

Oregon handles strangulation as its own crime under ORS 163.187, defined as knowingly impeding another person’s breathing or blood circulation by applying pressure to the throat or neck. The default charge is a Class A misdemeanor, but it elevates to a Class C felony if any of these is true:

The act occurred in the presence of a minor child in the household
The defendant has a prior conviction for strangulation or a similar offense
The victim is a family or household member as defined under ORS 135.230

That last trigger is important. Strangulation of a family or household member is automatically a felony even without any other aggravating fact. Because ORS 135.230 reaches dating partners, strangulation inside an intimate relationship is a felony on the first offense.⁸

No-Contact Orders After an Arrest

When someone is arrested for a domestic violence crime and appears before a judge for release, the court imposes a no-contact order as a condition of release under ORS 135.250. This is a criminal-court order, separate from any civil restraining order the victim might later seek.

The defendant cannot contact the victim directly or indirectly, including through text messages, social media, mutual friends, or family. If the victim reaches out first, the defendant still violates the order by responding. A violation can trigger immediate re-arrest, additional charges, and forfeiture of bail.

A victim who later wants to resume contact cannot simply tell the court to drop the order. Only the judge can modify it, and the court will consider safety before doing so.

FAPA Restraining Orders

Oregon’s Family Abuse Prevention Act gives victims a civil path to protection that doesn’t depend on a criminal case. To qualify for a FAPA order, the petitioner must have experienced abuse within the preceding 180 days, face an imminent danger of further abuse, and show that the respondent represents a credible threat to physical safety.⁹

There is no filing fee. Once issued, a FAPA order can include:

No contact of any kind and distance restrictions
Temporary custody of shared children, with or without parenting time for the restrained party
Exclusive use of the shared residence, even when the restrained party is on the lease or deed
A civil standby by a police officer so the departing party can retrieve essentials like clothing, medications, identification, and children’s belongings
Emergency monetary assistance
Protection for pets, service animals, and therapy animals

A FAPA order lasts one year from the date the judge signs it unless the court dismisses or cancels it earlier. The protected person can request a renewal before expiration if they remain reasonably afraid of further abuse; the restrained party receives notice and can request a hearing to contest.¹⁰

If the relationship doesn’t fit FAPA’s definition, other orders exist for different situations: a stalking protective order under ORS 163.738 for repeated unwanted contact without a qualifying relationship, and the Elderly Persons and Persons with Disabilities Abuse Prevention Act under ORS 124.005 for older adults and people with disabilities.¹¹¹²

Firearm Prohibitions

State and federal firearm bans stack on top of each other in domestic violence cases.

Under ORS 166.255, a person cannot possess firearms or ammunition if they are subject to a qualifying court order restraining contact with a family or household member that includes a finding of a credible threat to that person’s physical safety. The same statute bars possession by anyone convicted of a qualifying domestic violence misdemeanor where the victim was a family or household member.¹³ Because ORS 135.230 includes people who have been in a sexually intimate relationship, the prohibition reaches dating partners who never married or lived together.²

Federal law adds another layer. Under 18 U.S.C. § 922(g)(8), a person subject to a qualifying domestic violence restraining order cannot ship, transport, or possess firearms or ammunition. The Lautenberg Amendment extends that prohibition to anyone convicted of a misdemeanor crime of domestic violence, with possession after such a conviction treated as a federal felony.¹⁴ Federal penalties are typically more severe than the state equivalents.

Protections for Your Job, Home, and Address

Leaving an abusive situation often means disrupting a job, a lease, and a mailing address. Oregon law has specific tools for each.

Time Off Work

Under ORS 659A.272, Oregon employers must allow eligible employees reasonable leave for domestic-violence-related needs, including:

Seeking legal help or law enforcement assistance, including protective order hearings
Getting medical treatment or recovering from injuries
Obtaining counseling from a licensed mental health professional
Getting services from a victim services provider
Relocating or securing an existing home

Firing, demoting, or retaliating against an employee for using this leave is unlawful.¹⁵

Breaking a Lease

Under ORS 90.453, a tenant who is a victim of domestic violence can terminate a lease on 14 days’ written notice. The tenant provides verification through one of several accepted forms: a valid protective order, a police report, a conviction record, or a signed statement from the tenant and a qualified third party such as a counselor or advocate.¹⁶

Once properly released, the tenant owes no rent beyond the release date and cannot be charged any early termination fee. Immediate family members on the same lease can be released at the same time.

In federally subsidized housing, the Violence Against Women Act prevents a covered landlord from denying admission, evicting, or terminating assistance because someone is a victim of domestic violence. Survivors can request emergency transfers and ask the housing provider to remove the abuser from the lease through lease bifurcation.¹⁷

Hiding Your Address

Oregon’s Address Confidentiality Program, run by the Department of Justice, gives survivors a free substitute mailing address to use in place of the real one. Participants can use the substitute address on an Oregon driver’s license, for mail delivery, in child support proceedings, on marriage license applications, and when enrolling children in school. No police report or protective order is required, but applicants must enroll through a designated victim advocate.¹⁸

The program works best after the survivor has already moved to an address the abuser doesn’t know. It cannot scrub information already in public records and doesn’t provide relocation help or physical protection.

Help Paying the Bills a Crime Leaves Behind

Oregon’s Crime Victims’ Compensation Program reimburses domestic violence victims for medical and hospital bills, mental health counseling for the victim and family members, lost earnings, rehabilitation expenses up to $4,000, and crime scene cleanup up to $2,500. Children who witness domestic violence qualify for counseling coverage. The program is a payer of last resort, so medical and auto insurance must be used first, and it doesn’t cover property damage or relocation. Victims who don’t report to law enforcement can still receive a limited counseling benefit of up to $5,000.¹⁹

When Federal Charges Apply

Federal law reaches domestic violence that crosses state lines. Under 18 U.S.C. § 2261, traveling across a state line with intent to injure or intimidate a spouse or intimate partner, and then committing or attempting an act of violence, is a federal crime. Penalties scale with the harm: up to five years for minimal injury, up to 10 years when a deadly weapon is used or serious bodily injury occurs, up to 20 years for permanent disfigurement or life-threatening injury, and up to life if the victim dies.¹⁴

A federal case does not replace a state case. The same conduct can produce separate Oregon and federal prosecutions, because state and federal courts hold independent jurisdiction.

1
Oregon State Legislature. Oregon Code 107.705 – Definitions for ORS 107.700 to 107.735
2
Oregon State Legislature. Oregon Code 135.230 – Definitions for ORS 135.230 to 135.290
3
Oregon State Legislature. Oregon Code 133.055 – Criminal Citation, Exception for Domestic Disturbance, Notice of Rights
4
Oregon State Legislature. Oregon Revised Statutes Chapter 133 – Arrest and Related Procedures, Search and Seizure, Extradition
5
Oregon State Legislature. Oregon Code 163.160 – Assault in the Fourth Degree
6
Oregon State Legislature. Oregon Code 161.615 – Maximum Terms of Imprisonment for Misdemeanors
7
Oregon State Legislature. Oregon Code 161.605 – Maximum Terms of Imprisonment for Felonies
8
Oregon State Legislature. Oregon Code 163.187 – Strangulation
9
Oregon State Legislature. Oregon Code 107.718 – Restraining Order, Service of Order, Request for Hearing
10
Oregon State Legislature. Oregon Code 107.710 – Petition to Circuit Court for Relief, Burden of Proof
11
Oregon State Legislature. Oregon Code 163.738 – Effect of Citation, Contents, Hearing
12
Oregon State Legislature. Oregon Code 124 – Abuse Prevention and Reporting, Civil Action for Abuse
13
Oregon State Legislature. 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
Oregon State Legislature. Oregon Code 659A.272 – Employer Required to Provide Leave
16
Oregon State Legislature. Oregon Code 90.453 – Release of Victim From Tenancy
17
U.S. Department of Housing and Urban Development. Violence Against Women Act (VAWA)
18
Oregon Department of Justice. Address Confidentiality Program (ACP)
19
Oregon Department of Justice. Compensation for Victims of Crime