How long do restraining orders last in Oregon?

How Long Do Oregon Restraining Orders Last?

A restraining order under Oregon’s Family Abuse Prevention Act (FAPA) is a court‑ordered protection aimed at stopping abuse and ensuring survivors' safety. Knowing how long a restraining order lasts, how it can be renewed or dismissed, and how recent legal changes impact its duration is crucial for anyone seeking or responding to such orders.

Overview of FAPA Restraining Orders

A FAPA restraining order is available to adult survivors (or minors against adult abusers) when the petitioner and respondent have a qualifying relationship, including spouses, former spouses, people related by blood or marriage, cohabiting partners or unmarried parents, and there has been abuse within the last 180 days. “Abuse” includes physically injuring someone, attempting to injure them, placing them in fear of imminent injury, or forcing them into unwanted sexual relations. The petitioner must show that they are in imminent danger of further abuse and that the respondent poses a credible threat to their safety. There is no filing fee for a FAPA restraining order, and forms are available through Oregon circuit courts or online.

Initial Duration: Two‑Year Orders (Effective January 1, 2024)

Under ORS 107.718, when a judge issues a FAPA restraining order, it remains in effect for two years or until it is withdrawn, amended, or replaced by another order. This legal language reflects a change enacted by Senate Bill 816 (2023), which extended the duration of FAPA orders from one year to two years for orders issued or renewed on or after January 1, 2024. The Oregon Judicial Department’s February 2025 guidance confirms this, stating that a restraining order lasts for two years from the date the judge signs it unless it is dismissed or canceled by the court.

Renewal of a FAPA Order

If protection is still needed when a restraining order is about to expire, it can be renewed. ORS 107.725 authorizes courts to renew a FAPA order for an additional two‑year period if the judge finds that a person in the petitioner’s situation would reasonably fear further acts of abuse if the order is not renewed. A further act of abuse is not required for renewal. Renewal petitions should be filed before the current order expires. Forms are available at any Oregon circuit court or on the Oregon Judicial Department’s website. The February 2025 instructions emphasize that renewal forms must be filed before the order ends and that renewed orders can continue to protect petitioners for two‑year increments.

Termination and Modification

A restraining order remains in effect until the earlier of its expiration date or dismissal by the court. The petitioner can request dismissal by filing papers at the courthouse; the order remains in effect until the judge signs a dismissal order. The court can modify the order’s terms—such as custody provisions, parenting time, or restrictions on the respondent—upon a party’s request. Some modifications may require a hearing, while less‑restrictive changes may be granted ex parte. It is important to note that although a restraining order offers legal protection, it does not guarantee physical safety. Petitioners are encouraged to work with advocates and develop safety plans.

The Effect of Pre‑2024 Orders

For restraining orders entered before January 1, 2024, the maximum duration was one year. Those orders remain subject to the one-year limit unless renewed; however, renewals granted on or after January 1, 2024, are for a two-year term. The change to two-year orders applies prospectively to orders entered or renewed on or after January 1, 2024.

Key Takeaways

• Current Duration: FAPA restraining orders issued on or after January 1, 2024, last for two years from the date the judge signs the order or until they are withdrawn, amended, or superseded.
• Renewal: Orders can be renewed for additional two‑year periods upon a showing that the petitioner (or a formerly protected child now over 18) still reasonably fears further abuse.
• Dismissal: The petitioner may request dismissal; however, the order remains in effect until the court issues a dismissal order.
• Modification: Either party may request that the court modify custody, parenting time, or other terms; some changes may necessitate a hearing.
• Definitions and eligibility: To obtain a FAPA order, the petitioner and respondent must have a qualifying relationship (e.g., spouses, cohabitants, relatives, or parents of a child), and there must have been abuse within the past 180 days.

Helpful Resources and Links

• Oregon Judicial Department – FAPA Forms and Instructions: The official instructions and petition forms for FAPA restraining orders, including renewal packets, are available at the Oregon courts website (opens in a new tab). The February 2025 instructions describe the filing requirements and note that there is no filing fee.
• Statutory Definitions (ORS 107.705): Provides definitions of “abuse,” “family or household members,” and other key terms applicable to FAPA petitions.
• Petition Requirements (ORS 107.710): Describes who may file a FAPA petition and the burden of proof, including the 180‑day requirement and factors the petition must allege oai_citation:8‡oregon.public.law (opens in a new tab).
• Restraining Order Provisions (ORS 107.718): Sets out the court’s authority to issue restraining orders and the two‑year duration of orders oai_citation:9‡oregonlegislature.gov (opens in a new tab).
• Renewal Provisions (ORS 107.725): Outlines the standards for renewing a restraining order for an additional two years oai_citation:10‡womenslaw.org (opens in a new tab).
• Domestic Violence Resources: The Oregon Judicial Department’s domestic violence resource page provides links to statewide shelters, hotlines and advocacy programs (see courts.oregon.gov/dv (opens in a new tab)).

A FAPA restraining order is an important legal tool for protecting survivors of domestic abuse. Understanding the current two-year duration, renewal options, and procedures for modification or dismissal ensures that both petitioners and respondents are aware of their rights and responsibilities.