A stalking order prohibits contact between parties, and lasts indefinitely. In Marion County, the most common way to get a stalking order is to contact the Marion County Sheriff’s Office (503.588.5032) or city police department. If the police agency issues a stalking citation, the circuit court will hold a hearing to determine whether the court should issue a stalking order.
Applications for Family Abuse Prevention Act Orders are processed at the Marion County Courthouse, 100 High St. NE, Salem, every day the court is open. Forms are available in English at the courthouse at no charge. You do not need a lawyer's help to apply for an order. When the court grants a restraining order, the order lasts for one year. You may ask the court to renew the order for another year. The order may address temporary custody and parenting time issues, may require one party to move out of the residence and prohibits certain contact between the parties.
Before the court will grant a restraining order, the following legal criteria must be met:
You are a victim of abuse committed within 180 days* before the filing of the petition in one or more of the following ways:
- you were physically injured, or
- an attempt was made to injure you physically, or
- you were placed in fear of imminent bodily injury, or
- you were forced (by actual force or threat of force) to engage in sexual relations against your will.
(*There is an exception to the 180 day requirement: If the respondent (the person you claim abused you) was incarcerated (in jail or prison) or lived more than 100 miles from your home after the abuse occurred, the court does not count that time as part of the 180 days and you may still be eligible for a restraining order.)
If you are an ADULT (age 18 or older) and the abuse was committed intentionally, knowingly, or recklessly by any one of the following persons:
- the person you are married to, or
- the person you used to be married to, or
- the person you presently cohabit with, or with whom you have cohabited, or
- a person with whom you have been involved in a sexually intimate relationship anytime within the last two years before you file the petition; or
- adults related to you by blood or marriage (including in-laws, parents, adult children, aunts, uncles, adult grandchildren and other relatives), or
- a person not married to you with whom you have a child who is not married and under 18 years of age.
If you are a MINOR (age 17 or younger) and the abuse was committed intentionally, knowingly, or recklessly by any one of the following persons who is 18 years of age or older:
- the person you are married to, or
- a person you used to be married to, or
- a person with whom you have been involved in a sexually intimate relationship.
Service of Order and Hearing
If the court grants the order, the sheriff’s office will serve the other party (respondent) with a copy of the order. The respondent is entitled to ask for a hearing. The victim (petitioner) must appear at the hearing or the court may dismiss the restraining order. A victim may ask to appear by phone by calling the number on the hearing notice, or may request a deputy escort in and out of the courthouse by calling the number on the hearing notice.
More information about the Family Abuse Prevention Act process and forms
Domestic Violence: Community Resource and Legal Information Guide
In criminal and juvenile dependency cases, the court may enter an order prohibiting contact between the accused and the victim when the court is concerned about the victim's safety and well being, even though the victim does not request the order.
In a criminal case, it may be a condition in a release agreement, which allows the defendant to get out of jail until a trial can be held. Or, it may be a condition of probation, subjecting the defendant to possible sanctions if the defendant contacts the victim. In a juvenile dependency case, a restraining order may require an adult living with a child to move out of the child’s home.
We do not have forms to request these types of orders. Usually, lawyers make these requests or the court will issue the order "on its own motion". It is important that once the court enters the order, the parties follow it until the court amends the order to allow contact, or until it expires.