How to Get a Restraining Order in Oregon

By Joseph Nicholson
Oregon issues, orders, individuals, domestic violence

Oregon state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com

Oregon issues restraining orders to protect individuals from domestic violence or stalking. There are very specific relationship requirements that apply to domestic violence orders. No relationship with a stalker is necessary to get a restraining order for stalking, but you must be able to prove intentional and repeated unwanted contact. Restraining orders are issued upon petition to a state court.

Locate the state courthouse in the county where you or your abuser/stalker live. A judge at a state court must issue a restraining order.

Complete and file a petition. Request a copy of either the Petition for Restraining Order to Prevent Abuse or Petition For Stalking Protective Order from the clerk of court. Be prepared to provide as much detail as possible about any incidents that have occurred in the past 180 days. When the form is complete, return it to the clerk of court. A judge will review your application, usually while you wait, and determine whether or not to issue a temporary restraining order on the spot.

Allow the restraining order to be served on the party being restrained. This is usually performed by the county sheriff. Depending on your particular courthouse, you may be responsible for providing the sheriff a copy or the clerk might fax a copy to the sheriff for you. There may also be a service fee due to the sheriff. Ask the clerk of court if you are responsible for service of process in your county.

Attend the hearing (if necessary). If the restrained party requests a hearing, you will have to attend and present your evidence for why a restraining order should be issued. You can bring witnesses, documents and any other evidence you may have about incidents of abuse or stalking, and you can bring a lawyer as well.

About the Author

Joseph Nicholson is an independent analyst whose publishing achievements include a cover feature for "Futures Magazine" and a recurring column in the monthly newsletter of a private mint. He received a Bachelor of Arts in English from the University of Florida and is currently attending law school in San Francisco.