The more evidence you have, the greater your chances of being granted a restraining order.  However, the judge will listen to your story even if you have no evidence or witnesses.

Tell your story in your own words, but leave out details that have nothing to do with the physical violence or threats of violence.  Also, rather than saying “He (or she) hit me,” tell the judge how you were hit, where on your body you were hit, and how many times.  Be specific.

Watch the video. Your local legal aid office has a video that walks you through the contested restraining order process. You may want to call legal aid to find out about watching the video.

What should I do on the day of the hearing?

• Be on time.
• Have your witnesses there and ready.  If you have subpoenaed witnesses and they are not present you should inform the judge.
• Dress neatly.
• Speak directly to the judge; he or she will understand if you feel nervous. 
• Always address the judge as “Your Honor.” 
• Be prepared to spend all day in court. (There may be hearings before yours.)
• If your abuser comes to court with a lawyer and you are not represented, ask the judge for a “continuance” so you can look for a lawyer.
• Once your case is called, enter the courtroom and find a seat.  It is your right to take another seat if the abuser sits next to you, and to receive help from court staff in keeping the abuser away from you.
• Stand when the judge enters and sit when the judge or bailiff asks you to.
• Relax and remain calm.  Take deep breaths if you feel yourself getting tense.  Never lose your temper in the courtroom.
• Always tell the truth.
• If you don’t understand a question, just say so.
• If you don’t know the answer to a question, just say so.  Never make up an answer.

What is the order of events in the courtroom?

• At the hearing, everyone who testifies will swear to tell the truth.
• You will tell your side of the story first.
• The judge and your abuser may ask you questions.  If you are afraid to answer any of them, tell the judge.
• When you are done, your witnesses will take the stand.  You may ask them questions, and then the judge and the abuser will have a turn to ask them questions.
• The abuser will tell his side of the story.  It may be very different from yours.  The judge will ask him questions, and you may also ask him questions.
• The judge will make a decision after hearing both sides and considering the evidence.

What should I do when I leave the courthouse?

• Review the order before you leave the courthouse.  If something is wrong or missing, ask the clerk to correct the order before you leave.
• Make several copies of the restraining order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks and your phone number.

What can I do if the abuser violates the order?

If your abuser violates the restraining order, you should immediately call 911. Insist that the officers make a report so there will be a record of the violation. Save the officer's name, badge number, and report number. Make sure a police report is filled out, even if no arrest is made.  If you have legal documentation of all violations of the order it will help you have the order extended or modified. 

After the court grants you a restraining order, the county sheriff is required to enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice.  Then, an officer at the scene of an alleged violation will be aware of your restraining order.  To be certain, you may also personally deliver copies of the order to a county sheriff for entry into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice.

An abuser who violates the restraining order can be jailed for up to six months and fined up to $300. 

Please know that a restraining order is not a substitute for taking ordinary safety precautions.  The restraining order can play an important role in your safety plan, but go to a local support center for additional help you while you are attempting to escape an abuser. 

How do I change or renew (extend) the restraining order?

Go back to court where you originally filed and request an extension.  A court may renew (extend) the restraining order if it finds that you are reasonably afraid of further acts of abuse by the abuser (respondent) if the order is not renewed.

In order for the court to renew your restraining order, you must request the renewal BEFORE your current restraining order ends. You need to seek renewal of the order one or two weeks prior to the ending of your current order.

What happens if I want to move?

Your order is good wherever you go in OR, but it is a good idea to alert your local law enforcement of the order when you move. You may also want to have your address changed officially by the court. Check with a local domestic violence organization for more help. OR Links & Resources.

Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.  Different states have different rules for enforcing out-of-state protection orders.  You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.

If you are moving out of state, you should call the battered women’s program in the state where you are going to find out how that state treats out-of-state orders. 

If you are moving to a new state, you may also call the National Center on Full Faith and Credit (1-800-903-0111) for information on enforcing your order there.

Note: Civil protective orders may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details.

Keep in mind that if your order includes an order about custody or visitation of a minor child, you may have to give notice to the court and/or your abuser of your move, depending on what your order says..

What if I want to drop (dismiss) my permanent restraining order?

If you want to drop your restraining order you need to go back to the court that issued your order and fill out dismissal papers (the court can give you these papers for free). You may have to go before the judge to tell him or her why you want to drop the restraining order. Different judges have different ways of handling these requests. Some judges will ask you lots of questions, but other judges will just sign the dismissal order without asking you anything.

In some counties, the judge will tell you to go to a class with other domestic violence victims before the judge agrees to drop the order.

In some cases, the judge will try to help you figure out whether there is a way to modify (change) your order so that it can still give you some protection from abuse, but so that you can have the contact you want with your abuser.

If you have dropped your restraining order (or let it run out) and you are abused again by the same spouse or partner or by a different one, you can always go back to court for a new restraining order.

Stalking Protection Orders

What is a stalking protection order?

A stalking protection order is a court order that is designed to stop someone from harassing you (or your family members).

What is stalking?

Under Oregon law, stalking is when:

• A person makes you afraid by engaging in repeated and unwanted contact, OR
• A person makes an immediate family (or household) member afraid by engaging in repeated and unwanted contact

To qualify as stalking, your situation ALSO must meet the following requirements:

• A reasonable person in your situation would have been alarmed or coerced by the contact, and
• The repeated [at least two] and unwanted contact causes you or a member of your immediate family (or household) to reasonably fear for their physical safety.

Unwanted contact is when a person:

• Comes near you or into your sight
• Follows you
• Waits outside your home, workplace, or school
• Communicates with you in any way (mail, email, phone, or through another person)
• Damages your home, workplace, or school

Am I eligible for a stalking protection order?

• You may file a complaint for yourself if you are being stalked;
• You may file a complaint against anyone who has stalked a member of your immediate family or household;
• A parent may file a complaint to protect your children if they are under the age of 18; or
• A guardian may file a complaint to protect your dependents

How do I get a stalking protection order?

There are two ways to get a stalking protection order:

1. The Police Citation Route
2. The Court Order Route

It is important to know that the person filing the complaint (victim) is the “petitioner.” The person against whom you are making the complaint (the alleged stalker) is the “respondent.” 

How does the Police Citation Route work?

The police can issue a citation telling your stalker when and where to appear in court.

Step 1: Obtain the form. Go to any law enforcement agency for a stalking Complaint (the police or sheriff should have a form).  You can also go to the form in the OR Legal Statutes section of this website.

Step 2: Fill out the form. On the form, you will need to give:

• Your name and address as the victim (and the person being stalked if it is different from yourself)
• The stalker's name and address
• A physical description of the stalker
• A description of the conduct and the time frame in which it has occurred
• The relationship, if any, between the victim and the stalker 

Step 3: Sign the complaint. The officer will then ask you to sign the complaint.  By signing it, you are swearing that all the information is true and correct.  Do not sign the application until you have shown it to an officer because the form may need to be notarized or signed in the presence of court personnel.

Step 4: Issuance of Citation. If the officer has probable cause to believe that you are being stalked, he or she then issues a citation to the abuser (by serving the abuser), ordering him or her to appear in court within 3 days and show cause why the court should not enter a court’s stalking protection order.

Step 5:  Find out when the Hearing will be held. The officer will notify you in writing of the place and time set for the hearing, so it is important to give your correct address to the officer when filing the complaint, or a safe address where you will check the mail for this information. During the 3 days, you are protected by the officer’s citation.

Step 6: The Hearing. You must be at the hearing either in person, or with the court's permission, by telephone (ask the officer who helps you fill out the order about this option). At the hearing, the court may enter a temporary stalking order or a permanent order.

If the court enters a temporary order, there will be a second hearing to determine whether to grant you a permanent order. Either you or your stalker can ask to postpone the hearing for up to thirty days, if more time is needed to prepare. If the court does postpone the hearing, a temporary order may be entered to protect you until the second hearing.

How does the Court Route work?

Step 1: Go to the courthouse. You go to the courthouse and fill out a petition for stalking protective order. This may be easier than the police citation route; depending on which county you live in. Some counties have free forms in the courthouse to fill out. If not, you will probably need some legal assistance to properly draft up the petition and file your complaint. It is important to be as specific and as truthful as possible on the complaint form. Include the day, date, location, witnesses, specific conduct of the respondent and why that conduct makes you afraid for your safety. 

Step 2: Meeting with a judge for a temporary order. Once you have filed your 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 protection order that bars the respondent from further contact with you. At that time, the Court will schedule a second hearing at which a permanent stalking protection order may be issued. 

Step 3: Service of Process. A sheriff serves the temporary stalking protection order on the respondent, and it is not binding until it has been served. At the end of the 30 days, the order expires unless it has been extended at the scheduled hearing.

Step 4: The Hearing. It is strongly recommended that petitioners appear in person at this hearing, because some judges refuse to issue a second temporary order if the petitioner did not appear at the hearing. You may be allowed to testify at this hearing by telephone, if you request to do so. 

If the respondent fails to appear, the judge will issue an arrest warrant and grant the stalking protection order. Stalking protection orders have restrictions based on constitutional issues, so that the judge cannot limit the respondent from going to a public place. 

Whether you go the Police Citation Route or the Court Order Route, the court will hold a hearing and decide whether a more permanent stalking protection order should go into effect. In addition to ordering the stalker to stay away from you and from your or your family member’s home, the court can also order a stalker to have a mental health evaluation and to get mental health treatment. It does not cost anything to apply for a stalking order, and the sheriff will deliver (serve) the order for free.

What does stalking protection order cost?

There is no fee for making a complaint, filing, serving the respondent, or having a court hearing about the stalking protection order.

How long does stalking protection order last?

Stalking protection orders are of an unlimited duration. If the court issues a permanent order, it remains effective until it the court decides to end the order. 

What will the stalking protection order actually do?

When the judge enters the stalking protection order, it will state specifically what the stalker (respondent) is not allowed to do.  It is a crime to violate the order, so call the police or sheriff if the stalker (respondent) violates it.

What should I do if the stalker violates the stalking protection order?

If you believe that your abuser has violated the stalking or restraining order, you should immediately call 911.  Tell the police about the violation. It is a crime to violate a valid stalking or restraining order. It is also a crime to assault, harass, threaten, stalk or menace someone. The police are required to arrest your stalker/abuser if they have reason to believe that the order was violated. If the stalker or abuser is on parole or probation, you may also call their parole or probation office to report the violation.