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Restraining Orders

 
This section provides general information about restraining orders offered through the circuit court.  Forms and instructions to apply for an order under the Family Abuse Prevention Act and the Elderly Persons and Persons with Disabilities Prevention Act are provided through the Oregon Judicial Department.  An overview of legal protections and community resources available to victims locally is available in English and Spanish.
 
 

Elderly Persons & Persons with Disabilities Abuse Prevention Act

The court hears applications for restraining orders under the Elderly Persons and Persons with Disabilities Abuse Prevention Act each day the court is open, at the Marion County Courthouse, 100 High St. NE, Salem. In addition, elderly and disabled persons may instead apply for a restraining order under the Family Abuse Prevention Act or a stalking order if they meet the legal requirements for those orders.
An order granted under this act lasts for one year and may be renewed. The order can prevent the other person from contacting you or coming to your home, work, school and other places listed in the order. More information about eligibility requirements and forms can be found in the forms section of this site.
  • ENTIRE PACKET #E1 - Obtaining a Restraining Order for Elderly Person & Persons with Disabilities. (as a single PDF)
 

Stalking Orders

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.
 
The victim must appear at the hearing or the court may dismiss the case. A victim may ask to appear by phone or ask for a deputy escort in and out of the courthouse by calling the number on the hearing notice. More information about the stalking order process is available in English and Spanish.
 

Family Abuse Prevention Act (FAPA)

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.

Legal Requirements

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.)
 
AND
 
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

More information about the Family Abuse Prevention Act process and forms are available.
 

Victims Assistance Resources

Domestic Violence:  Community Resource and Legal Information Guide

 

Other Orders Prohibiting Contact

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.

Contact:
Marion County Circuit Court
Visit our Online Directory for more contact information
 
Mailing Address:
P.O. Box 12869
Salem, OR  97309

Physical Locations:
Marion County Courthouse
100 High St. NE    (MAP)
Salem, Oregon
Phone: 503.588.5105
Fax: 503.373.4360

Marion County Juvenile Department
3030 Center St. NE   (MAP)
Salem, Oregon 
503.566.2974

Marion County Circuit
Court Annex   (MAP)
4000 Aumsville Highway
Salem, Oregon
503.588.8489