Although the requirements of each type of protective order differ, the general process for seeking each type of protective order is as follows:
- File a petition with the appropriate Oregon county courthouse: The protective order forms can usually be found online for each Oregon county. You must choose the correct form for your situation. Then you need to explain why your situation meets the requirements for the type of protective order you are seeking.
- Appear ex parte in front of a judge: After you file the paperwork, the judge will read the petition and possibly ask questions about the petition to make sure your situation meets the legal requirements for the type of protective order sought. “Ex parte” in this situation means that only the petitioner appears before the judge. The petitioner can bring an attorney for assistance in articulating shy the petitioner’s situation meets the requirements of the Oregon protective order sought. If the petitioner’s version of events meets the legal requirements for the protective order sought, the judge will grant a temporary protective order. The temporary protective order can be challenged by the respondent after the respondent is served with the protective order.
- Serve the protective order on the respondent: Usually, the sheriff will serve the protective order on the respondent at no charge. The protective order does not take effect until it is served on the respondent. If the sheriff is taking too long to serve the protective order, the petitioner can also pay a professional process server to serve the protective order. I suggest the petitioner have an extra copy of the protective order on hand, in the event the opportunity arises for an adult friend to serve the protective order if the sheriff does not complete service first and an emergency situation arises. After the protective order is served, the respondent has a limited window of time to challenge the protective order. If the protective order is not challenged, the protective order will remain in place for the length of time for the type of protective order.
- Contested Hearing: After the respondent is served, the respondent may challenge the Oregon protective order and request a hearing, which is a judicial trial without a jury. After hearing evidence from both parties, a judge makes a decision regarding whether the temporary protective order will stay in place.
- How long does the respondent have to contest the protective order?
- For a F.A.P.A. order (commonly known as a restraining order), the respondent must request a hearing to contest the F.A.P.A. order within 30 days of being served. See ORS 107.718(10(a). If the respondent does not request a hearing within 30 days of service, the restraining order will last for one year.