Reviewed August 2026
Protective Orders in Oregon
If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. Oregon's civil remedy for domestic abuse is the restraining order, under the Family Abuse Prevention Act, ORS 107.700 to 107.735. One distinctive feature of Oregon's law is the 180-day window. The abuse alleged in the petition must have happened within the 180 days before filing. The petitioner must also show they are in imminent danger of further abuse. A petitioner files with the circuit court. The court must hold an ex parte hearing, in person or by phone, on the day the petition is filed or the next judicial day. This page covers who qualifies, how the ex parte and hearing process works, custody, and firearms.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how protective orders works under Oregon law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Oregon paperwork. See how Virdix works for California divorces.
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Who qualifies and the 180-day rule
Under ORS 107.705, abuse means attempting or causing bodily injury, or intentionally or recklessly placing someone in fear of imminent bodily injury. It also means causing someone to engage in involuntary sexual relations by force or threat. Family or household members include spouses and former spouses, adults related by blood, marriage, or adoption, and people who cohabit or have cohabited. This also includes people who have been in a sexually intimate relationship within the two years before filing, and unmarried parents of a child together. Under ORS 107.710, a petitioner must have been a victim of abuse within the preceding 180 days. They must also show they are in imminent danger of further abuse to file.
The same-day ex parte hearing
Under ORS 107.718, once a petition is filed, the circuit court must hold an ex parte hearing, in person or by telephone. This happens on the day the petition is filed, or the following judicial day. The petitioner must show abuse within the 180-day window, imminent danger of further abuse, and that the respondent is a credible threat to safety. If they do, the court can order the respondent to move out of a shared residence and stay away from the petitioner and the residence. The court can also award temporary custody of the parties' children to the petitioner.
Requesting a hearing: 21 days, or 5 days for custody disputes
A respondent who wants to contest the order can request a hearing. Under ORS 107.716, if the respondent requests a hearing, the court must hold it within 21 days of that request. If the respondent is specifically contesting the temporary child custody award, the hearing must happen faster, within 5 days of the request. At that hearing, the court can continue the order if it finds abuse occurred within the statutory period, the petitioner reasonably fears for their safety, and the respondent remains a credible threat. Or the court can cancel or change the order.
Firearms
When the restrained person has been given notice and an opportunity to be heard, ORS 107.718 requires the court to include specific terms in the order. Those terms must be sufficient under 18 U.S.C. Section 922(d)(8) or (g)(8) to affect that person's ability to possess firearms and ammunition, or engage in firearm-related activities. This ties Oregon's order directly to the federal firearm prohibition, rather than creating a wholly separate state process.
Custody and how it fits with a divorce case
The Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834, applies to Family Abuse Prevention Act proceedings. This helps coordinate a restraining order's temporary custody terms with any other custody case involving the same child. A restraining order's temporary custody award gives the noncustodial parent reasonable parenting time, unless the court finds that parenting time is not in the child's best interest. If either party later obtains a divorce, annulment, or separation judgment, that judgment can affect how the restraining order's terms continue, under ORS 107.722.
Sources: ORS 107.705, Definitions for the Family Abuse Prevention Act, ORS 107.710, Petition to circuit court for relief, ORS 107.716, Hearing; order, ORS 107.718, Restraining order; service of order; request for hearing, Oregon Coalition Against Domestic and Sexual Violence
Not independently confirmed
- Exact filing fee policy for a Family Abuse Prevention Act petition; ORS 107.700 to 107.735 as reviewed did not include a specific fee-waiver clause in the sections read
- Oregon Coalition Against Domestic and Sexual Violence's own site directed callers to its interactive Find Help map rather than listing one statewide hotline number, so this page uses only the National Domestic Violence Hotline number
Protective Orders in Oregon: frequently asked questions
How do I get a restraining order in Oregon?+
File a petition with the circuit court, showing you were a victim of abuse within the last 180 days and are in imminent danger of further abuse. The court must hold an ex parte hearing, in person or by phone, the same day you file or the next judicial day.
Who qualifies for a restraining order in Oregon?+
You qualify if you are a spouse or former spouse, or a relative by blood, marriage, or adoption. You also qualify if you currently or previously lived with the other person, or have been in a sexually intimate relationship with them within the past two years. Unmarried co-parents qualify too, under ORS 107.705.
What is Oregon's 180-day rule for restraining orders?+
The abuse you're describing in your petition must have happened within the 180 days before you filed. Oregon's law also requires that you currently be in imminent danger of further abuse, not just describing something from further in the past.
How long until my hearing in Oregon if I want to contest the order?+
If the respondent requests a hearing, it must be held within 21 days of that request. If the respondent is specifically contesting a temporary child custody award in the order, the hearing must happen within 5 days instead.
Does an Oregon restraining order affect gun rights?+
When the restrained person had notice and a chance to be heard, the order must include specific findings. Those findings must be sufficient under federal law, 18 U.S.C. Section 922(d)(8) or (g)(8), to affect that person's ability to possess firearms and ammunition.
Can I get custody through an Oregon restraining order?+
Yes, the court can award temporary custody of the parties' children to the petitioner at the ex parte hearing. The other parent gets reasonable parenting time, unless that would not be in the child's best interest.
This page is general information about protective orders in Oregon, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Oregon's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Oregon. Virdix does not prepare or file Oregon divorce paperwork. It is not a substitute for an attorney licensed in Oregon.
More Oregon divorce guides
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