Restraining / Stalking Orders in Oregon

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Family Abuse Prevention Act Restraining Orders (RO) provide a civil means to deter an abuser. They are free, do not require an attorney to apply for, and are usually in place quickly.

To be eligible for an RO, a person who has been abused or threatened must have had one of the following relationships with the abuser:

• Current or former spouse;
• Related by blood, marriage, or adoption;
• Living together now or in the past, in a sexually intimate relationship;
• Had a sexually intimate relationship in the past two years;
• Unmarried parents of a minor child; or
• A minor who has been involved in a sexually intimate relationship with the respondent who is 18 or older

The person applying for the RO (called the petitioner) must have been the victim of abuse or threats of abuse within the past 180 days and must be in danger of further abuse3. It is possible to get an RO for abuse or threats that happened more than 180 days ago, if the abuser (called the respondent) has been out of town or in jail. Lesbians, gay men, and bisexual men or women may be granted an RO in Oregon.

To request or renew an RO in Multnomah County, the person must go to room 211 of the Multnomah county Courthouse, 1021 SW 4th Avenue, before 12:30 on weekdays. The phone number for the restraining order office is (503) 988-3943. Advocates are available from 11:30 to 1:00 to assist petitioners filling out the forms. A judge hears all RO request at 1;30 each weekday. A judge will review the petition and talk to the petitioner to determine if the petitioner has been abused or threatened and is in immediate danger of further abuse. The process generally takes at least 2 to 3 hours.

The petitioner can request that the respondent be restrained from contacting the petitioner, including through a third party, phone or mail, and from going to the petitioner’s place of work, home or school. In addition, the petitioner can request temporary custody of children and the terms of visitation, as long as no other permanent custody or visitation orders exist. If the petitioner is seeking custody or visitation, it is helpful to have physical custody of the child(ren). The judge will determine what other conditions to place on the respondent. A federal law prohibits most respondents from possessing firearms or ammunition while the restraining order is in effect.

The RO is usually served by the County Sheriff’s Deputies, and can be enforced as soon as it has been served. The respondent can contest the RO, and the court will schedule a hearing within a short period of time. Hearing notices are mailed, so the petitioner should make sure the court always has a valid mailing address while the restraining order is in effect. In general, if the petitioner does not appear at a hearing, the judge will dismiss the RO or make the changes requested by the respondent.

To effectively use the RO, the petitioner should carry a copy at all times and make copies for her/his employer and her/his children’s school.

Inviting the respondent onto your property does not invalidate the RO or prohibit the police from arresting the respondent. Only a judge can dismiss or vacate an RO.

The RO expires one year from the date the judge first signed it unless it is renewed.

 The police are required to arrest the respondent if he or she assaults the petitioner or violates the RO. Call 911 when the respondent is violating the RO, and show the RO to the officer. In a non-threatening situation, call (503) 823-3333 to make a police report in Multnomah County.

A custody award under an RO is temporary and valid as long as the RO is valid or until a permanent custody award is made in a divorce or other civil case. An RO cannot change an existing custody order.

An RO is an important step in establishing safety, but it will not necessarily stop the respondent from hurting or attempting to hurt the petitioner. It is important that petitioners plan how to protect themselves if the respondent violates the RO.

Petitioners can apply for a restraining order in the county she/he resides in, or in the county the abuser resides in, and it is enforceable throughout the state of Oregon. Also, most restraining orders from other states and jurisdictions are enforceable in Oregon, and most restraining orders from Oregon are enforceable in other states. This means that the police and courts must enforce the restraining order according to the laws in their state or jurisdiction. The restraining order does not need to be registered in the new state or jurisdiction. To help enforce the restraining order, the petitioner should always carry certified copies of the restraining order and “proof of service.”

To request a restraining order in Washington County, go to the Restraining Order Room, 150 N First Avenue, 1st Floor, Center for Victim Services, Hillsboro. Volutneers are available from 9:00-12:00 am and from 1:00-3:00 pm on weekdays. Restraining orders completed by 11:30 will be reviewed by a judge that day. Restraining orders completed later will be reviewed on the following business day. It is important to bring one piece of identification and an address where the respondent can be found. Call (503) 846-3830 for information.

To request a restraining order in Clackamas County, go to the file room in the basement in the Courthouse, 807 Main Street, Oregon City (enter on the South side). Volunteers are available to assist petitioners in the morning, and hearings are held at 1:00 pm every day. Call (503) 655-8616 for information.

For information about obtaining restraining orders in the State of Washington, call Safe Choice at (360) 695-0501 or the Clark County Courthouse at (360) 397-2411. A Washington State Protection Order has different criteria and enforcement parameters than an Oregon restraining order.

STALKING ORDERS

If you are being followed, harassed, threatened or menaced by an individual, you may be able to obtain a stalking order to assist you in staying safe. Stalking orders have been successful in deterring some perpetrators from continuing harassment. Stalking orders can be issued if there has been more than one unwanted contact that would put a reasonable person in fear of his or her safety. There does not need to have been verbal threats of injury or a prior assault.

Stalking cases frequently involve a man following, harassing, or otherwise contacting a woman he has only seen, and has never met. Stalking orders can also be useful in situations where there has been no sexual relationship; i.e., only a dating relationship existed. In addition, a parent or guardian may file a stalking order to protect his or her children or dependents.

There are two ways to obtain a stalking order. In Multnomah County, the more common way is for the petitioner to request it from the Court. The second way is for police to issue a citation to the perpetrator. A police citation is more common in other counties.

If you wish to request a stalking order, go to Room 211 in the Multnomah County Courthouse (1021 SW 4th), and request the appropriate forms. You can obtain assistance in filling out the forms from the volunteers in Room 211. It is important to be as specific and as truthful as possible on the complaint form. Including the day, date, location, witnesses, specific conduct of the respondent and why that conduct makes you afraid for your safety. There is no fee for filing, serving or having a court hearing about the stalking order.

Once you have filed a complaint, you will appear before a judge, who will ask questions about the incidents. If the judge determines that the requirements of the law have been met, he or she will issue a temporary stalking order which bars the respondent from further contact with you. At that time, the Court will schedule a 30-day hearing at which a permanent order may be issued.

The Multnomah County Sheriff’s Office serves the temporary order, and it is not binding on the respondent until it has been served. At the end of the 30 days, the order expires unless it has been extended at the scheduled 30-day hearing. It is strongly recommended that petitioners appear at this hearing, because some judges refuse to issue a second temporary order if the petitioner did not appear at the 30-day hearing. You may be allowed to testify at this 30-day hearing by telephone, if you request to do so.

If the police have issued a citation at the scene of the incident, you and the perpetrator will be required to appear at a hearing scheduled within 3 business days. Again, you can testify by telephone. At the time of the hearing, the judge can extend the temporary stalking order. Many stalking orders have no expiration date. If a court issues a permanent order, it is in force until it is vacated by the Court.

If the respondent fails to appear at either hearing (following a petition filed to the court or citation issued by a police officer), the judge will issue an arrest warrant and grant the protective order. Stalking orders have restrictions based on constitutional issues, so that the judge can not limit the respondent from going to a public place. If appropriate, the petitioner may be referred for an RO. Getting a stalking order does not keep you from getting an RO in cases of domestic violence.

Stalking orders first became available in Oregon in June of 1993, and the law was changed in 1995. Issuance and enforcement have not been standardized. Police and court practices vary county-to-county. Violation of a stalking order is a crime, and you should report this to the police. The police must arrest the respondent when they learn a stalking order has been violated. The first conviction of a violation is a misdemeanor; subsequent convictions are felonies.