How do I renew (extend) the restraining order?
You can go back to the court where you originally filed the Family Abuse Prevention Act restraining order and request an extension. There does not have to be a further act of abuse in order to get it renewed.* A judge may renew (extend) the restraining order if s/he finds that you are reasonably afraid of further acts of abuse by the abuser (respondent) if the order is not renewed.** If your child was included in the order, and now your child has reached the age of 18, s/he can get the order extended for himself/herself if s/he is reasonably afraid of further acts of abuse by the abuser (respondent) if the order is not renewed.** Even if the original petitioner/parent does not want the order renewed for himself/herself, the child (who is now 18) can still get the renewed order for himself/herself (s/he does not have to file a new petition).*** In order for the court to renew your restraining order, you must request the renewal before your current order ends.
If the judge decides to grant the renewal, the abuser will be notified of the renewal. The abuser then has the right to request a hearing to fight the renewal. If the abuser requests a hearing, the judge will schedule the hearing within 21 days.**** If this happens, you might find it helpful to have an attorney. Go to our OR Finding a Lawyer page for legal referrals.
* O.R.S. § 107.725(2)
** O.R.S. § 107.725(1)
*** O.R.S. § 107.725(3)
**** O.R.S. § 107.725(4)