Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, the Oregon Dept. of Human Services, or your local police department.
Protective orders (also called orders of protection or restraining orders) are issued by the courts when an individual has reason to believe another person is a threat to their well-being. These protective orders may be issued for any number of reasons, but typically come into play when someone is the victim of domestic violence or stalking, or when a noncustodial parent interferes with child custody. Restraining orders also may be used to protect celebrities from overly-obsessive fans or photographers who invade their privacy.
General Overview of Oregon Protective Orders Law
Under Oregon statute, individuals may obtain a protective order for a number of reasons, such as family abuse, elder abuse, disabled abuse, and stalking. If you have been abused by a family or household member, or someone with whom you've had a sexual relationship, then you may be eligible for protection. If you would like to get a restraining order against a juvenile, contact the Department of Youth Services, Intake Services at (541) 682-4712.
Additional provisions of Oregon's protective orders statute are listed in the following chart.
Code Section | 107.700, et seq. |
Activity Addressed by Order | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, counseling, support |
Duration of Order | Temporary: 1 year restraining order, effective until expires or terminated by court |
Penalty for a Violation of Order | Contempt |
Who May Apply for Order | Any person who has been the victim of abuse within preceding 180 days |
Can Fees Be Waived? | Yes |
Order Transmission to Law Enforcement | Copy to county sheriff, and entered into Law Enforcement Data System |
Civil Liability for Violation of Order | Yes, contempt of court |
Note: State laws are never permanent and are subject to change at any time, usually through the passage of new legislation or the opinions of appellate courts. You should contact an Oregon criminal defense attorney or family law attorney, or conduct your own legal research to verify the state law(s) you are researching.
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Oregon Protective Order Laws: Related Resources