Temporary Restraining Orders

To file a Restraining Order, contact your local Domestic Violence agency, or County District Attorney's Victim Services in Oregon. They will have copies of the restraining order, and will provide you with assistance filling out the forms. Restraining orders can only be filed Monday - Friday when the courts are open.

• To learn more about Oregon law concerning Domestic Disturbance, and ORS 133.055, click here.
• To learn more about Oregon law regarding Restraining Orders and ORS 107.718, click here.
• To learn more about Oregon law regarding Mandatory Arrest, click here.

These agencies can provide you with the forms and assistance to file a Restraining Order.

OREGON

HAVEN from Domestic Violence (and Sexual Assault)
Serving OREGON - Wasco, Sherman, Gilliam, and Wheeler Counties
24-Hour Hotline (The Dalles) 541-298-4789 • Collect calls accepted.
24-Hour Hotline 1-800-249-4789

• Sherman County District Attorney - 541-585-3534
• Wasco County District Attorney - 503-296-2276

Helping Hands Against Violence
Serving OREGON - Hood River County
24-Hour Hotline: 541-386-6603 Collect calls accepted.

• Hood River County District Attorney - 541-386-3103

WASHINGTON

Programs for Peaceful Living
Serving WASHINGTON - Klickitat County
24-Hour Hotline: 800-866-9372

Skamania County Council on Domestic Violence and Sexual Assault
Serving WASHINGTON - Skamania County
Hotline: 509-427-4210 Collect calls accepted.

Some Facts about Restraining Orders

The law offers the protection of a temporary restraining order to victims of domestic violence whether or not the abuser has been arrested or prosecuted. The order is free, and the victim does not need an attorney to get one, although an attorney is recommended if the abuser contests the restraining order.

The person (victim) who requests a temporary restraining order is called the "petitioner"; the person (abuser) whom the order restrains is called the "respondent".

A restraining order can:

Require the abuser to stop abusing, threatening, or interfering with the victim and with children in her custody;
Forbid the abuser to enter the victim's home, school, place of business, or other specified place;
Order the abuser out of the home if the victim is sole or part owner of the home;
Require police to stand guard while the person leaving the home removes personal belongings;
Give the victim temporary legal custody of the children if the children are in her physical custody or, if they are not, grant her visitation rights.

A temporary restraining order is available in every county in Oregon. Once issued, it is effective throughout the state for one year unless the petitioner wants the order ended earlier or wants it renewed.

Police must enforce a restraining order. An abuser who violates the restraining order can be jailed for up to six months and fined up to $300. Generally, fear of arrest makes most abusers respect the order. But, a temporary restraining order is no guarantee of safety for the abuser's victims.

A woman is eligible to get a restraining order if she meets the following criteria:

She was the victim of abuse within the past six months; or she was the victim of abuse more than six months ago, and/or the abuser has been in prison or jail or has lived more than 100 miles from her in the past six months since the abuse; And
The abuse was bodily injury, or attempted bodily injury, or the threat of immediate serious bodily injury, or sexual abuse, or rape; And
She is related to or intimately involved with the abuser-that is, she is the abuser's wife or former wife, or the abuser's in-law or relative, or is in a sexually intimate relationship with the abuser, or is the biological co-parent (with the abuser) of a minor child And
She is 18 years old, or "emancipated" (a legal action) if younger than 18, or younger than 18 and married to or sexually intimate with the abuser who is 18 or older.

The court must hold a hearing, by telephone or in person, the day the petitioner files for the restraining order, or the next day at the latest.

The restraining order is effective, legally, as soon as the court grants it; however, it cannot be effective in a practical sense until the abuser knows it exists. A sheriff or another qualified person must serve the respondent with a copy of the order. After the respondent receives it, he has 30 days to ask for a hearing, which must be held within 21 days of that request. The judge may change or cancel the restraining order based on information received at the hearing. Changes in custody or visitation rights may be requested at any time while the order is in effect.

If the victim and abuser later divorce, and the provisions of the divorce decree are different from the provisions of the restraining order, the divorce decree will take precedence.

Some things you should think about before filing a Restraining Order:

Remember that a Restraining Order is just a piece of paper. The only power a Restraining Order has is to give the law the authority to intervene if your abuser violates it. Many abusers will respect the authority of the courts. But there are many abusers who do not.

You are the only person who can tell how the action of filing a Restraining Order will affect your safety. Ask yourself some questions:

Does my abuser have a history of ignoring the authority of law enforcement officers, and the courts?
Does my abuser have a history of mental illness?
Does my abuser have a history of drug or alcohol abuse, and does he/she become more violent when using?
Does my abuser have access to weapons?
Has my abuser ever said he/she wants to die?
Has my abuser ever threatened to kill me and/or my children or anyone in our family?

If your answer is YES to any of those questions, you must decide for yourself if you are in greater danger staying in the situation, or if the action of filing a Restraining Order might put you in danger. You should be aware that, statistically, most Domestic Violence related homicides take place right before or right after the victim leaves the situation.

If you are already in fear for your life, or the lives of your children, there are steps you can take.

Some Safety Steps to take BEFORE filing a Restraining Order

Do not file a Restraining Order unless it is your intention to keep it in place.

Restraining orders are intended to protect people who are in danger of serious bodily harm. County judges get angry if they think you are using them and the courts as a tool to "get back" at your abuser. If you file a restraining order then turn around and lift it, you will find that the judge may refuse to sign a new Restraining Order. They will interpret your indecision as meaning that you are not in serious danger of bodily harm. Then if, like the little boy that cried "Wolf!," you find yourself in a situation where a Restraining Order may be a critical legal tool to help keep you safe, you may find the courts unwilling to issue a second Restraining Order.

Make a Safety Plan.

Prepare for a safe place to go, and take all important legal documentation with you. Have copies of yours and your children's birth certificate, social security card, driver's license, marriage license, health or insurance card, immigration papers and visa or passport (if this applies), and any legal documentation such as a prior restraining order. For a detailed list of what to take, read the Detailed Safety Plan list.
Ask your friends and family to not tell your abuser anything about you. Explain to them that this is for your safety. Tell them not to reveal your whereabouts, or where you are staying. If you suspect a friend or relative will be pressured into revealing your location, tell them that for their safety as well as yours that for a temporary amount of time, you prefer to keep your whereabouts secret.
To read a detailed list about Safety Planning in English, click here.
To read a summary about Safety Planning in English, click here.
To read a summary about Safety Planning in Spanish, click here.
Contact your local Domestic Violence program. They can help you find shelter and support services, as well as advocate for your legal rights.

Some Safety Steps to take AFTER filing a Restraining Order

There are things you can do to increase your safety and to help the courts protect you.

Make multiple copies of your Restraining Order, and carry a copy of your Restraining Order with you at all times.

Always keep your protection order on or near your person. If you change purses, that's the first thing that should go in. Keep a copy in your car. Give a copy to your children's school. Give a copy to your child's daycare provider. Give a copy to anyone else named in the restraining order.
By having a copy with you at all times, you will save valuable time if you have to report a violation. If you do not have a copy with you, the attending law enforcement officer will have to check with the County Sheriff's office before enforcing a violation of the order.

Call the Police or County Sheriff for EACH violation of this Restraining Order, no matter how "small" it may seem at the time.

The court does not consider any violation of a Restraining Order to be "small." The law is black and white, and there is no "gray" area for "small" violations. A violation is a violation, and establishes a pattern of behavior. Each time you call in a violation, your call is logged. This establishes documentation about your abuser's pattern of behavior and disregard for the law. If you need to go back to court for any reason, (child custody, assault charges, or if your abuser contests the Restraining Order) this documentation will be very valuable as evidence.
Most abusers try to "test" the effectiveness of the Restraining Order and your determination. They might violate the restraining order in "small" ways - if there is a "no contact" order, they may try to call you, or have a friend/relative call you on the phone, or to send you an email. They might follow you in their car. They might suddenly "show up" at the grocery store when you were there first, and not leave.
Do not hesitate to call the police to have your restraining order enforced. If you want the Restraining Order to work, you have to be determined to use it. Even a "small" violation means your abuser is still disrespecting you and your wishes! Your abuser will try to manipulate your feelings of love and compassion to get around the authority of the courts. If you report even "small" violations, your abuser will realize you mean business, and will figure out that it's not worth his/her time to try to "test" the Restraining Order. Remember that the Restraining Order is in place for your safety and protection.
Contact your attorney, if you have one, if your restraining order has been violated.
Contact your domestic violence advocate if your restraining order has been violated.
Your Restraining Order is effective IN EVERY COUNTY AND EVERY STATE of the United States. However, if you do not have a copy of it on your person, and there is not a copy of the Restraining Order on file with the courts and law enforcement agencies of the community you are visiting, you will lose valuable time because the law enforcement officer will have to call the county your order was issued in to verify it.
Give a copy of your restraining order to the police departments in the community where you work, in the communities where you usually visit family or friends, and in the community where you live. This is especially important when you cross county or state lines.
If your partner destroys your restraining order, you can get another copy from the courthouse by going to the County Clerk's Office.
Inform your employer, your minister, your closest friend, that you have a protection order in effect.
Keep a log of all violations of the protection order, hang-ups and harassing telephone calls. Give a copy of this log to the police, District Attorney, and your domestic violence advocate.
If the police do not help, call your advocate or attorney AND file a complaint with the Chief of the Police Department. You can file a private criminal complaint with the district judge in the jurisdiction that the violation took place or with the District Attorney. A domestic violence advocate will help you do this.

Re-read your Restraining Order after you've calmed down.

This has been a very emotional time for you, and most people find that they were in such a state of anxiety, distress, and fear that they forgot what was said in the courtroom before the judge. This is a normal reaction. This lapse of memory can be caused by PTSD, or Post Traumatic Stress Disorder, which is also a normal experience for victims of abuse. When you are calm, re-read your Restraining Order to make sure you understand all the ways it has established limits on contact from your abuser.

Measure the no-contact distances.

Most restraining orders set a measurable distance to establish as a "no contact zone." Judges often establish 100 feet, 200 feet, or 500 feet as a reasonable distance for your safety. Your abuser has to stay outside this zone of safety in order to comply with the Restraining Order. Even being a foot inside the "zone" is a violation. Take the time to measure out the distance so that you are clear how far away he/she has to be. If your abuser is stalking you and hovering on the edges of that zone, you could report a violation on the Restraining Order if the distance has been violated.

Seek out emotional support.

If your friends and family are supportive, then talk to them. Talking helps lessen your anxiety, and a respected friend or relative might be able to share insight into your situation. If your friends or family members are uncomfortable discussing your abuse, or try to blame you in any way for what happened, then seek out other means of support.
If you have a supportive relationship with leaders in the community (a minister, support group leader, employer) urge them to become better informed about domestic violence by learning about Coordinated Community Response.
Contact your local domestic violence program for a referral to a Support Group or a therapist. Talking about a situation does more than just "getting things off your chest." There is a chemical change in your body that takes place when you release your emotions, and as you talk your body's chemistry is working to help you heal from the inside out.

Educate yourself

When you are emotionally ready to begin processing your experience, take the time to learn about the effects of PTSD. Learn about the issues of Power and Control in abusive relationships. Learn about what kinds of behaviors are Controlling Behaviors. Knowledge is power, and when you understand the dynamics of power and control, you will find you recognize abuse before it becomes violence.

Some of this information has been adapted from:

Oregon Coalition Against Domestic and Sexual Violence
http://www.ocadsv.com/temporary_restraining.html

This page last updated January 12, 2005

Everyone deserves a safe home!
Practice harmlessness in word, thought and deed with the ones you love!

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