Restraining Orders in Portland

Who Can Seek a FAPA Restraining Order?

Oregon’s Family Abuse Prevention Act applies to abuse involving certain family, household, former household, intimate, or co-parenting relationships. Eligibility depends on the relationship between the petitioner, who files the petition for relief, and the respondent named in it.

Qualifying relationships may include:

• Current or former spouses
• Adult relatives by blood, marriage, or adoption
• Current or former cohabitants who meet the statutory requirements
• People who had a sexually intimate relationship within the two years before filing
• People who share a child

The petition must allege abuse within the preceding 180 days. The petitioner must also establish by a preponderance of the evidence that there’s an imminent danger of further abuse by the respondent. This standard means the required facts are more likely true than not.

Filing a FAPA Restraining Order in Portland

A FAPA petition may be filed in the county where the petitioner resides, where the respondent resides, or where the abuse occurred. When the filing is based on Portland residence, the petition is submitted to the Multnomah County Circuit Court. Oregon doesn’t charge a filing fee for a FAPA restraining order petition.

The circuit court holds an ex parte hearing on the day of filing or the next judicial day. This initial proceeding takes place without the respondent present. The judge reviews the petition and determines whether to enter a temporary order under the applicable legal requirements.

If the court enters the order, it must be served on the respondent as formal notice of its terms. The respondent then has 30 days after service to request a contested hearing, where the court can consider the allegations, evidence, and arguments about whether the legal requirements have been met.

Terms, Duration & Renewal of FAPA Orders

A FAPA order can address several forms of conduct and relief:

• Restricting specific conduct toward the petitioner or minor children in the petitioner’s custody
• Prohibiting intimidation, menacing, molesting, or interference with protected people
• Requiring the respondent to move out of a shared residence

Oregon law changed effective January 1, 2024, including provisions concerning the duration of FAPA orders and consent agreements involving multi-year terms. Older summaries stating that every final order lasts one year may no longer reflect current law. The duration and terms of a final order, as well as any renewal, depend on current Oregon law and the specific court order.

Petitioners should understand the relief they’re requesting, while respondents should review every term immediately after service. Prompt attention is especially important because the 30-day period for requesting a contested hearing begins upon service.