In Oregon, a restraining order for domestic abuse is sought under the state's family abuse prevention provisions, which sit inside ORS chapter 107 — the same chapter that covers divorce, annulment, and separation. You do not need to be filing for divorce to get one, and you do not need "grounds" like the irreconcilable-differences standard that Oregon uses for dissolution of marriage. Getting a protective order is its own, separate court process aimed at safety, not at ending a marriage.
If you are in immediate danger, call 911 first. A restraining order is a civil legal tool — it cannot physically stop someone in the moment the way police intervention can.
What a restraining order does in Oregon
A restraining (protective) order is a court order that tells another person to stop contact, stay a certain distance away, and/or move out of a shared home. Oregon's family abuse prevention framework is referenced by name in the official table of contents for ORS chapter 107 ("Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention"), which confirms this relief is a distinct legal track from divorce, even though both live in the same chapter of state law.
Beyond that chapter heading, the specific eligibility rules, exact forms, filing fees, and how long an order lasts once granted are not spelled out in the statutory excerpts reviewed for this article. Those details do change over time and by county, so treat any number you see elsewhere as something to verify, not something to rely on. The most reliable way to confirm current requirements is to ask the self-help staff at your local Oregon trial court, or a domestic violence advocacy program, before you file.
How this differs from a divorce filing
Oregon dissolution law (ORS 107.025) allows a court to grant a divorce based on irreconcilable differences that have caused the irremediable breakdown of the marriage — a no-fault standard. A restraining order does not require you to be seeking a divorce, does not require irreconcilable differences, and does not require you to be married to the person at all. It is a protective remedy, not a marital-status remedy. If you are also going through a divorce, the two cases can run on separate tracks, and either one can move forward without waiting on the other.
If children are involved
When a restraining order overlaps with a family that has children, custody and parenting-time questions often come up at the same time. Oregon law directs courts deciding custody in a dissolution, annulment, or separation judgment to weigh the factors described in ORS 107.137 (referenced within ORS 107.105, which governs what a judgment may provide for). The exact list of factors is not included in the excerpt available here, so ask the court or a family law facilitator to walk you through how those factors apply to your situation.
If the other parent lives in, or might move to, a different state, Oregon's parent-and-child relationship statutes (ORS 109.701 through 109.834) become relevant, since that part of Oregon law addresses jurisdiction and relationships between parents and children across household and state lines. As a general multistate note: the interstate child-custody-jurisdiction framework most states use has been adopted by 49 states plus the District of Columbia (Massachusetts is the one state that has not adopted it), which matters if a custody dispute could involve more than one state.
What you can do in Oregon: steps to take
Get to safety first. If you are in danger right now, call 911. Do this before anything else.
Document what happened. Write down dates, what was said or done, injuries, threats, and any witnesses. Keep texts, photos, or voicemails if it is safe to save them.
Contact your local Oregon trial court's self-help center or a domestic violence advocate. Ask specifically what forms are needed, whether you qualify under the family abuse prevention provisions, and what the current filing process looks like in your county — this varies and is not detailed in the statutory materials reviewed for this article.
File your petition. You will describe the abuse and what protection you are asking for (no contact, distance requirements, moving out of a shared residence, and so on).
Ask about a same-day emergency order if you cannot safely wait. Whether an immediate, temporary order is available before a full hearing, and how that hearing gets scheduled, is a detail to confirm directly with the court — the timeline is time-sensitive and not specified in the materials available here.
Attend the hearing. Both sides typically get a chance to be heard before a final order is put in place. Bring your documentation.
Keep a copy of any order you receive with you at all times, and give a copy to your workplace, your children's school, or anyone else who may need to recognize it.
Enforcement — including across state lines
A valid protective order issued in Oregon does not stop working if you or the other person leaves the state. Under the federal Violence Against Women Act, a protection order issued in any state, tribe, or territory must be honored and enforced in every other state as though it had been issued there (18 U.S.C. § 2265). That means moving to another state does not erase your order's effect, and it does not give the restrained person a way to escape it by relocating.
Federal law also creates its own crime on top of Oregon's: it is a federal offense to cross state lines to stalk a partner, or to cross state lines to violate a protective order (18 U.S.C. §§ 2261A, 2262). This gives you a federal enforcement option in addition to whatever Oregon's own courts and police can do, particularly in situations that cross state borders.
Time-sensitive points to flag
Emergency situations require 911, not a court filing, as the first step.
How quickly a temporary order can be granted, and when the follow-up hearing is set, varies and can change — confirm current timelines with the court before you rely on any specific number.
How long a final order lasts once granted is not specified in the materials reviewed here; ask the court directly and calendar any renewal deadline it gives you.
If custody or parenting time is also at stake, get the ORS 107.137 factors and any UCCJEA-type multistate issues addressed early, since these can affect where and how a custody case is decided.
Frequently asked questions
Do I have to be filing for divorce to get a restraining order in Oregon?
No. A restraining order under Oregon's family abuse prevention provisions is a separate legal action from a divorce. Oregon's no-fault divorce standard (irreconcilable differences, ORS 107.025) is not a requirement for seeking protection from abuse.
Does my relationship to the other person matter?
Family abuse prevention law is generally designed around qualifying family or household relationships, but the exact eligibility categories are not detailed in the statutory excerpts available for this article. Ask your court's self-help center or a domestic violence advocate whether your specific relationship qualifies before you file.
Will my Oregon protective order be enforced if I leave the state?
Yes. Under federal law (18 U.S.C. § 2265), a valid protective order from Oregon must be recognized and enforced in every other state, tribe, and territory, the same as if it had been issued there.
What if the other person crosses state lines to stalk me or violate the order?
That can be charged as a separate federal crime under 18 U.S.C. §§ 2261A and 2262, in addition to whatever Oregon charges may apply. Report violations to law enforcement immediately.
What happens to custody if we have children together?
Oregon courts weigh custody factors described in ORS 107.137 as part of a broader judgment under ORS 107.105. If more than one state could be involved — for example, if a parent moves — the parent-and-child relationship provisions in ORS chapter 109 (109.701–109.834) and the multistate custody-jurisdiction framework most states share become relevant. Ask the court or a family law facilitator how these apply to your case.
This article is for general information only and is not legal advice; confirm current Oregon rules, forms, deadlines, and fees directly with your local court or a licensed attorney before acting.
Frequently asked questions
Do I have to be filing for divorce to get a restraining order in Oregon?
No. A restraining order under Oregon's family abuse prevention provisions is a separate legal action from a divorce, and does not require the irreconcilable-differences grounds (ORS 107.025) used for dissolution.
Does my relationship to the other person matter?
Generally yes, family abuse prevention law is built around qualifying family or household relationships, but the exact categories are not detailed in the materials reviewed here - confirm with your court's self-help center or a domestic violence advocate.
Will my Oregon protective order be enforced if I move to another state?
Yes. Federal law (18 U.S.C. Section 2265) requires every state, tribe, and territory to honor and enforce a valid protective order issued in Oregon as though it had been issued there.
What if the other person crosses state lines to stalk me or violate the order?
That can be prosecuted as a separate federal crime under 18 U.S.C. Sections 2261A and 2262, on top of any Oregon charges. Report violations to law enforcement right away.
What happens to custody if we have children together?
Oregon courts apply custody factors described in ORS 107.137 within a judgment under ORS 107.105. If more than one state is involved, the parent-and-child relationship provisions in ORS chapter 109 and multistate custody-jurisdiction rules can also come into play.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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