If you’re facing threats, intimidation, or violence from someone close to you, you may be wondering: “Can I get a restraining order in Oregon?” This article walks you through Oregon’s protective orders—specifically the Family Abuse Prevention Act (FAPA) restraining order—what it does, how it works, and what costs or risks you should be aware of.
Types of Restraining and Protective Orders in Oregon
Oregon law provides multiple forms of protective orders, each suited to different circumstances. Knowing which one fits your situation is critical:
- FAPA (Family Abuse Prevention Act) restraining orders – the most common in domestic or family abuse cases
- Elderly Persons & Persons with Disabilities Abuse Prevention Act (EPPDAPA / EDAPA) restraining orders — for older adults or people with disabilities facing abuse or neglect
- Stalking Protective Orders — for persistent unwanted contact, surveillance, or harassment
- Sexual Abuse Protective Orders — when sexual assault or abuse occurs outside the FAPA relationship framework
- Extreme Risk Protection Orders (“red flag” orders) — aimed at situations where someone poses a risk to themselves or others and may need to be prohibited from possessing firearms
This post focuses primarily on FAPA restraining orders, which are most directly relevant in divorce and domestic violence contexts.
What Is a FAPA Restraining Order in Oregon?
A Family Abuse Prevention Act (FAPA) restraining order is designed to protect individuals who have suffered abuse by someone they share a familial, household, or intimate relationship with—or who present a credible threat of harm going forward.
Who qualifies as a “family or household member”?
Under ORS 107.705, “family or household members” includes:
- Spouses or former spouses
- Persons related by blood, marriage, or adoption
- Persons who currently live or used to live together
- Those who have had a sexually intimate relationship within the last two years
- Unmarried parents of a child
This means you may be eligible for a FAPA order against someone who is not currently living with you, but once lived with you or was romantically involved within that two-year time frame.
Key eligibility requirements
To obtain a FAPA restraining order in Oregon, the petitioner (the person seeking protection) must meet several legal thresholds:
- Recent incident of abuse
The petitioner must have been a victim of abuse within the past 180 days (six months). Under ORS 107.705, the legal definition of “abuse” is one or more of the following:- Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury
- Intentionally, knowingly, or recklessly placing someone in fear of imminent bodily injury
- Causing someone to engage in involuntary sexual relations by force or threat
- Reasonable fear for physical safety
The petitioner must reasonably fear for their safety if the order is not in place. - Imminent danger / credible threat
The petitioner must show that the respondent (the person to be restrained) poses a credible, ongoing threat of further abuse.
If those elements are met, the court may issue the restraining order.
What Protections Can a FAPA Restraining Order Provide?
If a court grants a FAPA restraining order, it may include many forms of relief designed to keep you safe:
- No contact orders: The respondent may be prohibited from contacting you in person, by phone, text, email, or through third parties.
- Stay-away mandates: The respondent may be ordered to stay away from your home, work, school, or other places you frequent.
- Move-out orders: The respondent may be required to vacate a shared residence.
- Firearm surrender: The order may require the respondent to surrender firearms or ammunition.
- Temporary custody & parenting time restrictions: The court may award you temporary custody of children or restrict the respondent’s visitation or parenting time.
A FAPA restraining order is typically valid for one year, though it may be renewed if the court finds reasonable grounds for fear of further abuse.
The Process: Filing, Hearings & Enforcement
Filing your petition
You begin by completing the required FAPA forms (available via the Oregon Judicial Department) and filing them in the circuit court of your county.
If the court finds that your petition meets the immediate threshold, it may issue a restraining order without the respondent being present.
If requested by the respondent, a hearing will be scheduled to give the respondent a chance to challenge the order.
At the hearing, both sides may present evidence: testimony, documentation, witness statements, or other relevant materials.
Serving the order & enforcement
Once issued, the respondent must be formally served with the order (often by sheriff or law enforcement). The order is entered into databases like the Law Enforcement Data System (LEDS), so that responding officers can recognize it during emergencies.
If the respondent violates the restraining order, that is grounds for criminal contempt or arrest under the order’s terms.
Potential Costs, Risks & Drawbacks
While a FAPA order can be a powerful tool, it’s not without potential downsides. It’s important to consider:
Emotional & relational strain
- A restraining order often escalates tensions, especially if parties share children or social circles.
- The process can be emotionally taxing, requiring reliving traumatic events in court and presenting evidence under cross‑examination.
Financial or lifestyle implications
- In some cases, a move-out order may force someone to leave a shared home, potentially affecting your finances and housing stability.
- Parenting/visitation restrictions may disrupt work schedules, childcare arrangements, or support responsibilities.
- Legal fees (if you hire an attorney) may arise, especially if the respondent contests or appeals the order.
Risk of denial or contest
- If the judge finds your evidence lacking or does not find imminent danger, the court may deny the order or issue a less protective version.
- Respondents may challenge or attempt to modify the order. A contested hearing may require strong evidence and legal backing.
- Renewal is not automatic—you must convince the court that the threat continues.
Because of these possibilities, it is often wise to be strategic, gather strong evidence, and consider legal guidance before proceeding.
When to Consult an Attorney
If you believe you may qualify for a FAPA restraining order, speaking with a trusted family law attorney or domestic violence attorney is highly advisable. An attorney can help you:
- Evaluate whether your situation meets the legal criteria
- Prepare a strong petition and supporting evidence (photos, messages, medical records, witnesses)
- Strategize safe service of process and coordinate with law enforcement
- Represent you in hearings or contested proceedings
- Help you understand potential impacts on custody, visitation, and finances
Even when domestic violence support services can offer help with paperwork, an attorney can add a layer of legal strategy and advocacy that raises your chance of success.
Summary & Key Takeaways
- Oregon offers several kinds of restraining and protective orders; the FAPA restraining order is the most common in family or domestic violence situations.
- To qualify for a FAPA order, you must show:
1. An act of abuse within the past 180 days
2. That the respondent is a family or household member (as defined by ORS 107.705)
3. You reasonably fear for your physical safety
4. That there is a credible threat of further abuse - A FAPA order can include no‑contact mandates, move-out orders, firearm surrender, and custody/visitation restrictions.
- The process involves filing with the circuit court, formal service, and the possibility of a contested hearing.
- Be mindful of emotional, financial, and legal considerations—and the possibility of denial or contest.
- Because restraining orders are serious legal measures with real consequences, it’s generally wise to consult an experienced attorney who can guide you through the process, help build your case, and protect your interests.
You deserve protection, clarity, and peace of mind in a safe and lawful way. If you think you or someone you love may need a restraining order, don’t wait. Reach out for legal advice (and domestic violence support) as soon as possible.
