Within the last six (6) months:

• Trying to physically hurt you, or actually hurting you physically; OR
• Threatening you with immediate and serious harm; OR
• Sexually abusing or raping you.

Who can get a restraining order?

You can get a restraining order under this law ONLY if you are the victim of "abuse" as defined above, AND the abuse has been committed by a person who is either:

• someone you're married to, OR
• someone you used to be married to, OR
• the person with whom you are cohabiting ("cohabiting" means living in the same household in a sexual relationship), OR
• a person with whom you cohabited sometime within the last two (2) years, OR
• your adult in-law or relative, OR
• someone you share a common child with.

What does a restraining order do?

It is a court order that orders the person who has abused you not to do it any more and it also sets a security amount (bail) for future violations of the order.  It can also order the abuser out of your home, give you temporary custody of the children, and
prevent the abuser from bothering you where you work or attend school.

IF THE ORDER IS VIOLATED, YOU SHOULD CALL THE POLICE AND HAVE THE PERSON ARRESTED.  The abuser will be held in jail until 10% of the security amount is paid, or until it is lowered in a court proceeding and the lower amount is paid.

A hearing will be held to see if the abuser is in "contempt of court" for violating the restraining order.  If the person is found in contempt, the maximum punishment could be a $300 fine and/or up to six (6) months in jail.  The Lane County District Attorney is required to represent you at this hearing if you cannot afford your own attorney.  Otherwise you should probably get an attorney to help you.

It is a valid court order as soon as a judge has signed it.  HOWEVER, IT CANNOT BE ENFORCED UNTIL A COPY HAS BEEN LEGALLY SERVED ON THE OTHER PERSON.  ("Served" means the papers must be given to the other person by someone over age 18 other than yourself or your attorney).  The person who has abused you cannot be found in contempt of court for violating the order unless the abuser knew there was an order.

Also, a copy of the restraining order and proof that it has been served MUST be filed with the Sheriff's Office.  It will be entered into a statewide police computer so all police agencies will know it is on file.  Then if the police are called, they are required by law to make an arrest if they have reason to believe that the order has been violated.

Once the abuser has received a copy of the papers, he or she can request a hearing to ask that all or part of the restraining order be changed.  The abuser is required to mail you a copy of the request for a hearing.  The hearing will be held on the third (3rd) Monday after the date on the request.  If you don't go to the hearing, you will lose your restraining order.  Call the court clerk to be sure when and where the hearing will be held.

To get forms and instructions to get a restraining order, go to the Lane County Circuit Court Clerk, on the second floor of the Lane County Courthouse, 125 E. 8th (corner of Oak), Eugene, Oregon.  There are no charges or court fees for getting a restraining order, and you do not need a lawyer.  You need to be at the Courthouse by 9:00 a.m., and you will see a judge at 9:30 a.m.  One piece of information you will need is the abuser's date of birth.

You can read the Family Abuse Prevention Act in the Oregon Revised Statutes (ORS) 107.700-107.720, located in the Lane County Law Library in the basement of the Lane County Courthouse and at the Eugene Library.

Click here to view Oregon Revised Statutes online.