Am I eligible to file for a Family Abuse Prevention Act restraining order?
You are eligible to file for a Family Abuse Prevention Act restraining order if you have experienced domestic abuse within the last 180 days* by a family or household member, which is defined as:
- a current or former spouse;
- an adult related by blood, marriage or adoption;
- someone you are living with or have lived with in the past;
- someone you have been in a sexually intimate relationship with, within two years immediately preceding the filing of a restraining order petition under; or
- someone with whom you have a child in common.**
Note: When calculating the 180-day time period, any time during which the abuser was in prison or was living more than 100 miles from you does not count as part of the 180-day period.*
If you are not eligible for a Family Abuse Prevention Act ("FAPA") restraining order, you may be eligible for a stalking protection order, a sexual abuse protective order, or a restraining order for the elderly and disabled.
* O.R.S § 107.710(6)
** O.R.S. § 107.705(4)
Can I get a restraining order against a same-sex partner?
In Oregon, you may apply for a Family Abuse Prevention Act restraining order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a Family Abuse Prevention Act restraining order? You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Oregon?
Can I get a restraining order if I'm a minor?
Maybe. If you are under 18 years old, you cannot file on your own for a Family Abuse Prevention Act restraining order unless the abuser is over 18 and:
- is your spouse or former spouse; or
- is someone with whom you have been in a sexually intimate relationship (regardless of whether or not you ever lived together).*
You must have experienced domestic abuse within the last 180 days to get a restraining order against the abuser. However, any time during which the abuser is in prison or lives more than 100 miles from you does not count as part of the 180-day period.**
If you do not satisfy the above requirements, speak to a local domestic violence organization for more information about minors getting restraining orders. You can find one near you on our OR Advocates and Shelters page.
* O.R.S § 107.726
** O.R.S § 107.710(6)
What is an exceptional circumstances hearing?
When you file a Family Abuse Prevention Act restraining order, an "exceptional circumstances" hearing will be scheduled if the judge determines that there are issues affecting the custody of your child(ren). The judge 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, 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.*
* O.R.S. § 107.718(2)
How much does it cost? Do I need an attorney?
There is no fee to file for a Family Abuse Prevention Act restraining order* and you do not need an attorney to get one. However, an attorney is recommended if the abuser contests the restraining order or hires an attorney. You can find legal referrals on our OR Finding a Lawyer page.
* O.R.S. § 107.718(8)(c)