Restraining and Stalking Orders
Caution: It is important to remember that, even if you have obtained a court order of protection, the order will not necessarily keep you safe from your abuser. Though most abusers will stop or greatly decrease unwanted contact, some abusers may become increasingly aggressive. It is critical that orders of protection are part of a larger safety plan.
Note: Information listed below should not be considered legal advice. The following information does not contain all the specifics about restraining and stalking orders in Oregon and is subject to modification with legislation and law changes. Please consult the courts or a lawyer for more information.
What is a Restraining Order?
A restraining order (RO) order is a civil court order that you, the petitioner, request from the court to protect you from your abuser, the respondent. The restraining or protection order can order an abuser/respondent to stop harming you, stop having contact with you, and stop contacting you at your work or school, or at your children's school or daycare. They are free and do not require an attorney to apply. To be eligible for an RO, a person who has been abused or threatened must have had one of the following relationships with the abuser:
- Current or former spouse;
- Related by blood, marriage, or adoption;
- Living together now or in the past, in a sexually intimate relationship;
- Had a sexually intimate relationship in the past two years;
- Unmarried parents of a minor child; or
- A minor who has been involved in a sexually intimate relationship with the respondent who is 18 or older
The person applying for the RO must have been the victim of abuse or threats of abuse within the past 180 days and must be in danger of further abuse. It is possible to get an RO for abuse or threats that happened more than 180 days ago, if the abuser has been out of town or in jail. Restraining orders require that the petitioner renew the order on a yearly basis (prior to its expiration) for it to remain in place. Lesbians, gay men, and bisexual men or women may be granted an RO in Oregon. Violating a restraining order is a civil matter but prosecuted as contempt by the DA and is subject to mandatory arrest laws in Oregon.
What is a Stalking Order?
A stalking order (SO) is a civil court order that you, the petitioner, requests from the court to stop someone from stalking or harassing you or your family members. They are free and do not require an attorney to apply. Stalking orders do not have qualifying relationships like restraining orders do. A parent or guardian can apply on behalf of a minor. A stalking order can be against a minor respondent. A person commits the crime of stalking if:
- The person knowingly alarms or coerces another person or a member of that person's immediate family or household by engaging in repeated and unwanted contact with the other person;
- It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and
- The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.
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 and unwanted contact - having occurred at least twice - causes you or a member of your immediate family (or household) to reasonably fear for their physical safety.
- The stalking must have happened within the last two years.
Violating a stalking protective order is a Class A Misdemeanor and is subject to mandatory arrest laws in Oregon. However, if the violator has a prior conviction for stalking or for violating a stalking protective order then it becomes a Class C Felony. Permanent Stalking Orders do not expire, this means that you do not have to renew the order and it will only terminate upon the death of one of the parties.
Guns and Restraining and Stalking Orders:
Please speak to the judge if your abuser owns a gun or has ever threatened you with a gun. If the order meets certain requirements, it may be illegal for your abuser to buy, own, or have a gun in his/her possession during the period of time that you have a final order of protection. Certain restrictions apply: the abuser must be either your current or former spouse, a person who you have a child with, or a person you live with or have lived with in the past. The abuser must have been given notice of the hearing and an opportunity to attend (whether or not they actually attend does not matter). The restraining order or stalking order must include the language and findings necessary for Federal criminal liability, so please speak to the judge about this.
For more information, please visit the following web sites:
For the State of Oregon
Instructions and information for obtaining a restraining order:
Instructions for obtaining a stalking order:
http://www.ojd.state.or.us/col/documents/stalking_instructions.pdf
For Multnomah County
Stalking order procedures:
http://www.co.multnomah.or.us/dchs/dv/dvman/stalking.html
Restraining order procedures:
http://www.co.multnomah.or.us/dchs/dv/dvman/restraining.html