Oregon Restraining Order Laws (2026): How to Get a FAPA Protective Order
Oregon Restraining Order Laws (2026): How to Get a FAPA Protective Order
In Oregon, a FAPA Restraining Order (Family Abuse Prevention Act) lets spouses, former spouses, cohabitants, and other qualifying family members ask a circuit court to order an abuser to stay away. Under Oregon SB 816 (effective January 1, 2024), the final order lasts two years and is renewable for additional two-year periods.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Oregon
Oregon provides several civil order types to protect victims of abuse, stalking, and sexual violence.
The FAPA Restraining Order is the primary domestic-violence track. It is authorized by Oregon Revised Statutes 107.700 through 107.735 and applies when the parties share one of the qualifying domestic or family relationships listed in the statute. A FAPA order can require the respondent to stop abuse, leave a shared home, stay away from the petitioner's home and workplace, and have no contact by any means.
For victims who do not have a qualifying domestic relationship with the person harming them, Oregon provides two additional tracks. The Stalking Protective Order (ORS 163.730 and following) requires no domestic relationship and can be sought by any person who has experienced repeated, unwanted contact that causes reasonable apprehension. The Sexual Abuse Protective Order covers sexual abuse and is also available without a domestic relationship. Oregon also maintains the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) for elder and disability-abuse situations. These parallel tracks mean that most Oregon victims can find a civil remedy regardless of their relationship to the person harming them.
Who can get a restraining order in Oregon?
For a FAPA Restraining Order, the law limits eligibility to people who share a specific relationship with the respondent. Oregon courts have jurisdiction if abuse occurred within the past 180 days.
Qualifying relationships under FAPA include:
- Current or former spouse
- A person with whom you have had a sexual relationship within the last two years
- A current or former cohabitant (someone you live or lived with)
- A family member related by blood, marriage, or adoption
If you do not fit one of those categories, Oregon's Stalking Protective Order and Sexual Abuse Protective Order are available to any victim regardless of the relationship. You do not need to have reported the conduct to police before petitioning for a civil order, though having documentation (police reports, text messages, photographs of injuries) can strengthen your case.
How to file for a restraining order in Oregon
FAPA petitions are filed with the circuit court in the county where you live or where the abuse took place. In Oregon, you file in the family law division of the circuit court.
Filing is free. ORS 107.720 waives all filing fees, service fees, and hearing fees for FAPA cases. This aligns with the federal Violence Against Women Act, which prohibits charging victims a fee to seek a domestic-violence protective order.
At the courthouse, the clerk will provide the required forms. A judge reviews the petition at an ex parte hearing, usually the same day you file or the following judicial day. You present your facts to the judge without the respondent present. If the judge finds good cause, the temporary order is issued immediately. The court then arranges service on the respondent.
Many Oregon circuit courts have a self-help center where staff can assist with forms (though they cannot give legal advice). The Oregon Judicial Department website also maintains instructions and fillable forms. Local domestic-violence advocacy programs can provide free accompaniment and help explaining the process. Oregon's statewide domestic-violence hotline connects callers with local programs and advocates.
After the temporary order is served, the respondent has 30 days to request a hearing to contest it. If no hearing is requested within that window, the order automatically becomes a final order. If a hearing is requested, it must be held within 21 days.
Temporary vs. final orders: how long they last
Oregon operates on a two-stage model common to most states.
The temporary (ex parte) order is issued by the judge at the initial hearing, the same day you file or the following judicial day, without the respondent present. It takes effect immediately upon issuance and remains in force until a full hearing is held or the 30-day response window closes.
The final order issues after the respondent has had notice and an opportunity to be heard. Under Oregon SB 816 (effective January 1, 2024), a final FAPA order lasts two years. At or before the two-year mark, the petitioner may file a motion to renew it for additional two-year periods (ORS 107.725).
| Stage | Duration |
|---|---|
| Temporary (ex parte) order | Until hearing is held or 30-day response window closes |
| Final order | 2 years; renewable for additional 2-year periods (SB 816, eff. Jan 1, 2024) |
If the respondent requests a hearing, the court schedules it within 21 days. Both parties present their evidence and the judge decides whether to make the order final or dismiss it.
Firearms and an Oregon protective order
Oregon takes firearm restrictions seriously in FAPA cases.
Under ORS 166.255, once a FAPA order becomes final (or the respondent does not contest within the 30-day period), the respondent is prohibited from possessing firearms. The law also requires surrender of any firearms the respondent currently holds.
In addition to Oregon's state prohibition, a qualifying final protective order separately triggers the federal firearm ban under 18 U.S.C. 922(g)(8). This federal law bars anyone subject to a qualifying final protective order from possessing any firearm or ammunition. The federal prohibition applies regardless of whether the state separately orders surrender, and it covers firearms held anywhere in the United States.
Respondents who fail to surrender firearms as required may face additional criminal charges. If you are concerned that a respondent still has access to firearms, you can raise this with law enforcement or the prosecutor's office.
What happens if someone violates the order?
If the respondent violates a FAPA Restraining Order, the conduct is treated as a criminal matter, not just a civil one. Under ORS 163.192 (Endangering a Person Protected by a Family Abuse Prevention Act Restraining Order), a person who has been served with the order, intentionally engages in conduct prohibited by the order while it is in effect, and thereby recklessly creates a substantial risk of physical injury to a protected person or intentionally attempts to place a protected person in fear of imminent physical injury, commits a Class C felony. A general FAPA violation may also be pursued as criminal contempt of court, which carries separate penalties; do not confuse contempt with the Class C felony charge under ORS 163.192, which carries substantially greater exposure.
Oregon law also requires police to arrest the respondent upon sufficient evidence that a violation occurred. You do not need to have the physical copy of the order present for police to act, though keeping a copy with you and one at home, at work, or at a child's school is strongly recommended.
Violations can also be pursued as criminal contempt of court, which carries separate penalties.
If the respondent contacts you, comes near you, or otherwise violates the order's terms, call 911 immediately. After the emergency is handled, report the violation to the issuing court as well. Documented violations are relevant to future renewal hearings.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Oregon Laws
- Oregon AI Meeting Recording Laws
- Oregon Alimony Laws
- Oregon At-Will Employment Laws
- Oregon Car Accident Laws
- Oregon Car Seat Laws
- Oregon Child Custody Laws
- Oregon Child Support Laws
- Oregon Common Law Marriage Laws
- Oregon Data Privacy Laws
- Oregon Divorce Laws
- Oregon Dog Bite Laws
- Oregon Emancipation Laws
- Oregon Expungement Laws
- Oregon Hit and Run Laws
- Oregon Landlord-Tenant Laws
- Oregon Lemon Laws
Sources
- Oregon Revised Statutes 107.700 to 107.735 (Family Abuse Prevention Act): Oregon Courts FAPA page
- ORS 163.730 et seq. (Stalking Protective Order): Oregon Legislative Assembly
- ORS 166.255 (Firearms prohibition): Oregon Legislative Assembly
Related pages
For more on protective orders and related legal topics, see the full Restraining Order Laws by State hub. If you are concerned about documenting harassment, Oregon's recording consent laws explain when you can legally record conversations. For self-defense rights in Oregon, see the Oregon self-defense laws page.
