Restraining Orders in Oregon (2026): Types & How to File

6 min read

Wondering If a Judge Will Believe You?

When abuse from a partner or co-parent has left you afraid, one question tends to sit underneath everything else: will a judge actually believe me? That worry is normal, and it does not go away simply because you know what happened. What Oregon courts respond to is a clear, dated account backed by whatever records already exist — not how convincing you sound in the moment. Understanding how Oregon’s restraining order process actually works is the first step toward building that record.

Types of Restraining Orders in Oregon

Oregon’s domestic-situation order is the Restraining Order to Prevent Abuse, issued under the Family Abuse Prevention Act (FAPA), codified at ORS 107.700 through 107.735. To qualify, you and the respondent generally must both be at least 18 (with narrower exceptions for minors), and the respondent must be your current or former spouse or registered domestic partner, someone you live with or lived with in a sexually intimate relationship, someone you have had a sexually intimate relationship with in the past two years, a relative by blood, marriage, or adoption, or the other parent of your child. You must also show abuse within the last 180 days — physical injury, an attempt at physical injury, being made afraid of imminent physical injury, or being forced into sexual relations — and that you remain in imminent danger. FAPA restraining orders are filed and heard in Circuit Court, in the county where you or the respondent lives, and there is no fee to file.

The Ex Parte Order

Oregon allows you to apply for, and potentially be granted, a restraining order the same day you file your petition, without the respondent present. A judge reviews your petition and may ask you questions before deciding whether to sign the order. If granted, the order takes effect as soon as it is signed, but the respondent cannot be found in violation of it until a sheriff, private process server, or another competent adult has formally served them with a copy — you cannot serve the papers yourself. Once served, the respondent has 30 days to request a hearing contesting the order; if they do not, the restraining order simply stays in effect. If they do request a hearing, it is typically held very quickly — you may have as little as two days to prepare. A granted restraining order lasts for two years from the date the judge signs it, and can be renewed for additional two-year periods if the judge finds you are still likely in danger.

How to File in Oregon

Forms are available through the Oregon Judicial Department website or at your local circuit courthouse; some courts also offer an online interview-based version of the forms, but the completed paperwork must still be filed on paper — electronic filing is not available for these petitions. You will typically file a Petition for Restraining Order to Prevent Abuse, a Confidential Information Form for yourself and one for the respondent, a Notice of Filing of that form, and the proposed Restraining Order to Prevent Abuse itself. Many courthouses ask you to turn in your paperwork by a mid-morning cutoff if you want to see a judge that same day — check your local court’s hours, since procedures vary from court to court. You are not required to have a lawyer, and court facilitators or advocates can help with the forms, though they cannot give legal advice.

What Evidence Helps

Because a judge often decides whether to grant the initial order from your petition alone, a clear, specific, and dated account of the abuse matters a great deal. A journal noting what happened, when, and who else was present is one of the most useful things you can prepare before filing. Beyond that, courts commonly find it useful to see: photographs of injuries, dated where possible; text messages, call logs, or voicemails with visible timestamps; police reports connected to any incident; medical records; and the names of anyone who witnessed what happened. If the respondent later requests a hearing, you may have only a couple of days to prepare, so keeping this material organized and accessible in advance — rather than trying to assemble it after the fact — can make a real difference.

Frequently asked questions

What does Oregon officially call a restraining order?
Oregon’s courts issue a Restraining Order to Prevent Abuse under the Family Abuse Prevention Act, ORS 107.700–107.735. It is filed and heard in Circuit Court.
Do I need a lawyer or pay a filing fee?
No. There is no cost to file for a FAPA restraining order, and you are not required to have an attorney, though a court facilitator or domestic violence advocate can help you complete the forms.
How long does the order last, and can the other parent contest it?
Once signed, the order lasts two years and can be renewed. The respondent has 30 days after being served to request a hearing contesting the order; if they do not, it remains in effect without a further hearing.
What happens if the respondent violates the order?
Call 911. Oregon law requires an officer to arrest the respondent if the officer believes a violation occurred after service, and a court finding of violation can lead to fines, probation, or jail.
Restraining Orders in Oregon (2026): Types & How to File | Copareo