MayDay, Inc. would like to thank the Oregon Coalition Against Domestic and Sexual Violence for their assistance with this information.

MayDay, Inc. strongly recommends that you get help from an organization in your area before proceeding with court action.  To find help in your area, please go to the OR Links & Resources page.

Note: This page was last updated on January 2, 2007.

 A quick overview of the legal system.

The legal system is divided into two areas: civil law and criminal law.

Civil Law:
Under civil law, one person sues another for a private wrong. In a civil domestic violence action, you are asking the court to resolve the conflict between you and your abuser. You are not asking the court to punish your abuser for committing a crime. The restraining orders and protection orders we talk about on this page are under the civil law system.

Criminal Law:
The criminal law system handles cases that involve crimes such as harassment, assault, murder, stalking, and theft. The police may arrest your abuser and then the district attorney may decide to charge your abuser with a crime. In many cases you can choose whether or not to "press charges," but once someone is arrested, the district attorney is the one who decides whether to charge that person with a crime and how to proceed with it.

You may want to seek both civil and criminal action against your abuser to receive maximum protection from them.

 

What are restraining orders?

A restraining order is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser.

What is the legal definition of domestic abuse in OR?

Domestic abuse is when a family or household member:

• Attempts to hurt you physically.
• Actually hurts you physically (intentionally, recklessly or knowingly).
• Intimidates or makes you afraid of serious physical injury (intentionally, recklessly or knowingly).
• Makes you have sex against your will by force, or threat of force.

Am I eligible to file for a restraining order?

You are eligible to file for a restraining order if you have experienced domestic abuse within the last 180 days* by:

• A current or former spouse.
• A person with whom you have a child in common.
• An adult to whom you are related by blood or marriage.
• A person with whom you are cohabiting.
• A person with whom you have cohabited.
• A person with whom you have been involved in a sexually intimate relationship within the last two years.

Cohabiting generally means living in the same household in a sexual relationship.

The law does not specifically require that you and the abuser be members of the opposite sex.

For purposes of computing the 180-day period, any time during which the abuser is in prison or has a principal residence more than 100 miles from your principal residence do not count as part of the 180-day period.

NOTE: If you are not eligible for a restraining order, you may be eligible for a stalking protection order. See What is a stalking protection order?

Can I get a restraining order if I'm a minor?

Maybe. If you are under 18 years old, you cannot get a restraining order unless the abuser is over 18 and:

• your abuser is your spouse or former spouse, or
• your abuser is someone with whom you have been in a sexually intimate relationship. You do NOT have to have lived together with that person.

You must have experienced abuse within the last 180 days to get a restraining order against your abuser. For purposes of computing the 180-day period, any time during which the abuser is in prison or has a principal residence more than 100 miles from your principal residence do not count as part of the 180-day period.

What types of restraining orders are available?

In Oregon, there are 2 types of restraining orders that can help protect you from abuse:

1. A temporary restraining order.
2. A stalking protection order.

1. A temporary restraining order is a court order designed to provide you and your family members with immediate protection from your abuser. You may receive a temporary restraining order as soon as you file your petition, without your abuser present.

Once issued, your temporary order is in effect for one year unless:

1) the order is dismissed or modified by the court;
2) it is dismissed earlier by the court at your request; or
3) the court renews it at your request, whichever comes first.

The temporary restraining order is legal as soon as the court grants it. However, it cannot be effective in a practical sense until the abuser knows it exists and he is supposed to stay away from you. A sheriff or another qualified person must "serve" the abuser with a copy of the order. Go to the Sheriff Locations & Info page for Sheriff Department Locations in your area.

After the respondent (your abuser) receives the temporary restraining order, he has 30 days to ask for a hearing. If your abuser asks for a hearing, it must be held within 21 days of that request. If your abuser contests the temporary order, then you will have a court hearing to determine if the temporary restraining order will continue.

**Note that at the time you file your petition for a temporary restraining order, the judge may schedule an "exceptional circumstances" hearing. An "exceptional circumstances" hearing will be scheduled if the judge determines that there are issues affecting the custody of the child(ren). The court will order that this hearing be held within 14 days. At this hearing, the judge will ask both you and the respondent to appear and provide additional information about the circumstances of your children and your contact with them. For example, a judge may order such a hearing if you are asking for temporary custody of a breastfeeding infant where the respondent is the breastfeeding mother. Or, the judge may order such a hearing if you are not the usual and primary caretaker of the children, or if your request for custody conflicts with a previous order of the court in another matter. If this hearing is scheduled, the respondent can request an earlier hearing to be held within 5 days after respondentant's request.

2. A stalking protection order is a court order that is designed to stop someone from harassing you (or your family members). Read more about stalking orders here: What is stalking?

You may be able to get both a stalking protection order and a temporary restraining order, if both apply to your situation.

How can a restraining order protect me?

• Stop abusing, threatening, or interfering with you and any children in your custody
• Stay away from your home, school, place of business, or other specified place
• Leave your home if you are the sole or part owner (or renter) of the home or you are married to the abuser
• Remove personal belongings from the home while police stand guard
• Give you temporary legal custody of the children
• Give your abuser temporary custody (if you request) dependent upon certain conditions to protect the children
• Allow you visitation rights to the children
• Pay you emergency monetary assistance
• Have no contact with you in person, by mail, or by phone

Whether a judge orders any or all of the above depends on the facts of your case.

What can I do if the abuser violates the order?

If your abuser violates the restraining order, you should immediately call 911.  Insist that the officers make a report so there will be a record of the violation. Save the officer's name, badge number, and report number. Make sure a police report is filled out, even if no arrest is made.  If you have legal documentation of all violations of the order it will help you have the order extended or modified.

After the court grants you a restraining order, the county sheriff is required to enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice.  Then, an officer at the scene of an alleged violation will be aware of your restraining order.  To be certain, you may also personally deliver copies of the order to a county sheriff for entry into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice.

An abuser who violates the restraining order can be jailed for up to six months.

Please know that a restraining order is not a substitute for taking ordinary safety precautions.  The restraining order can play an important role in your safety plan, but go to a local support center for additional help you while you are attempting to escape an abuser.  For additional help Please see our Safety Planning and the OR Links and Resources pages.