Frequently Asked Questions (FAQ's)

How long does an Oregon restraining order last?
Temporary restraining orders typically last until your court hearing date, which is usually within 14 days. If granted by a judge after this hearing, a final restraining order can last up to one year but can be renewed if needed. In some cases involving extreme risk protection orders or stalking protective orders, they may be indefinite.
How long does a stalking protective order last in Oregon?
In Oregon, a stalking protective order may be granted for an indefinite period. The duration of the order depends on the circumstances and the court's decision. It can be modified or terminated by the court upon request by either party, given a significant change in the situation.
How do I obtain an Oregon restraining order?
To obtain a restraining order in Oregon, you must file a petition with the Circuit Court in the county where you live or where the abuse occurred. You'll need to complete the necessary forms, provide detailed information about the abuser and incidents of abuse, and attend a hearing before a judge who will assess your request.
Can an Oregon restraining order be modified or terminated?
Yes, either party can request modifications or termination of a restraining order by filing appropriate paperwork with the court and attending another hearing before a judge who will consider whether circumstances have changed sufficiently to warrant changes.
How long does it take to get an Oregon Stalking Order?
The length of time it takes to get an Oregon Stalking Order varies based on individual circumstances and court schedules; however, temporary orders can often be granted within 24-48 hours after filing your petition with proper evidence supporting your claim.
Can a respondent fight against an Oregon restraining order?
Yes, if you are served with a temporary restraining order, you have the right to request a hearing before a judge within 30 days to contest its issuance. It is strongly recommended that you consult with an attorney experienced in family law and divorce matters for guidance.
How do I obtain an Oregon Stalking Order?
To obtain an Oregon Stalking Order, you must file a petition with the circuit court in your county. You will need to provide evidence of stalking behavior, such as police reports, witness statements, or documentation of threats. A judge will review your case and may issue a temporary order before scheduling a hearing to determine if a permanent order is necessary.
How do I obtain an Oregon stalking protective order?
To obtain a stalking protective order, you need to file a petition at your local circuit court, describing the stalking incidents and providing evidence of the behavior. After reviewing your petition, a judge may grant a temporary order, followed by a hearing to decide whether to issue a permanent order.
What types of restraining orders are available in Oregon?
In Oregon, there are three main types of restraining orders: Family Abuse Prevention Act (FAPA) orders for domestic violence victims, Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) orders for vulnerable adults, and Sexual Abuse Protective Orders (SAPO) for survivors of non-intimate partner sexual assault.
Can I modify or terminate my existing Oregon Stalking Order?
Yes, either party involved in the stalking order may request modification or termination by submitting appropriate paperwork with supporting reasons explaining why modification or termination is necessary. The court will review the request and may schedule a hearing to determine if a change is warranted.
Does an out-of-state or foreign protective order apply in Oregon?
Yes, under federal law called Full Faith & Credit provision all states must enforce valid out-of-state protective/restraining orders as if they were issued in Oregon. You should register your order with local authorities to ensure proper enforcement.
What is an Oregon Stalking Order?
An Oregon Stalking Order is a court order that provides protection for individuals who are being stalked, harassed, or threatened by another person. It prohibits the stalker from contacting or coming near the victim and can result in criminal penalties if violated.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregon family law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law and divorce Lawyers encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

How Long Does It Take For A Restraining Order To Take Effect?

After a judge signs an Oregon restraining order, the protective order does not actually go into effect until the other party (the "Respondent") is served.

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How long does the final Oregon Stalking Protective Order (SPO) last? | Top Oregon Family Law and Divorce Lawyers

How Long Does The Final Oregon Stalking Protective Order (Spo) Last?

Once a hearing has occurred, and a judge has upheld an Oregon Stalking Protective Order, it has no natural end (it is permanent). However, the Respondent (the person prohibited from stalking) can file a request with the court to modify or terminate the stalking order later.

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Do restraining orders carry over from state to state? | Top-Rated Oregon Family Law and Divorce Attorneys

Do Restraining Orders Carry Over From State To State?

Restraining orders, also sometimes called "FAPA orders" or "protective orders" in Oregon, can be received in any state. However, they can still be enforced when you or the protected person are located in another state. A restraining order issued against you in Oregon is still valid in other states, and you must follow the terms.

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How Much Does It Cost To Get A Restraining Order?

In Oregon, restraining orders themselves cost nothing to file.

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What is an Oregon Restraining Order? | Best-Rated Oregon Family Law and Divorce Attorneys

What Is An Oregon Restraining Order?

An Oregon Restraining Order, sometimes called a "FAPA order" (or Family Abuse Prevention Act) restraining order is a civil order that protects from abuse or injury from a family or member of a household.

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How do restraining orders work in Oregon? | Best Oregon Family Law and Divorce Lawyers

How Do Restraining Orders Work In Oregon?

The Oregon Family Abuse Prevention Act offers a unique solution for victims of domestic violence. This blog post outlines how the law can provide protection from abuse without the need for divorce or other legal proceedings. If you're a victim or know someone who is, this post is a must-read.

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How To Obtain A Child Restraining Order In Oregon

Learn how parents can secure a restraining order under the Oregon Family Abuse Prevention Act to protect their children from abuse.

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