Protective Order Basics: What Is It?

There are multiple types of protective orders in Oregon (also called “restraining orders”). This guide provides essential information common to all types of protective orders.

What is a protective order?

A protective order is a civil, not criminal, court order—usually temporary—that prohibits a person from specific actions, most commonly contacting a particular person or entering a designated location.

At Scissors Law, we assist with all types of Oregon protective orders, including:

• Family Abuse Prevention Act (FAPA) restraining orders

• Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) orders

• Sexual Abuse Protection Orders (SAPO)

• Stalking Protective Orders (SPO)

• Extreme Risk Protection Orders (ERPO)

What are the parties in a protective order case called?

Instead of “plaintiff” and “defendant,” civil protective order cases use:

• Petitioner — the person alleging harm

• Respondent — the person served with the protective order

How does someone obtain a temporary protective order?

The petitioner files a petition in the county court where the incident occurred. At a preliminary hearing (often held ex parte), only the petitioner presents evidence. If the court finds the allegations credible, it issues a temporary protective order—which remains temporary until the respondent contests it at a full hearing.

(Learn more about Oregon’s protective order process via the Oregon Judicial Department).

What information does a protective order contain?

A typical order includes:

• Court & county where the order is filed

• Case number

• Names of the petitioner and respondent

• Findings—facts the court deemed credible

• Prohibitions and conditions, such as:

  • No contact with the petitioner, their home, workplace, or surrounding areas

  • A prohibition on possessing or purchasing firearms and ammunition

What comes next after service?

Once served, respondents have two options:

1. Do nothing, allowing the temporary order to become final

2. Request a hearing to contest the order

For a complete breakdown, see our in-depth guide: [Respondents’ Guide: What to Do When Served with a Protective Order in Oregon](https://www.scissorslaw.com/areas-of-practice) (coming soon).

What to Do If You’ve Been Served a Protective Order in Oregon

If the police knock on your door and hand you a formal court document stating that a protective order has been served on you, what should you do next? This guide explains the immediate steps you need to take and how to prepare for a contested hearing in Oregon.

Step 1: Read the Protective Order Carefully

The first thing you must do is read the protective order thoroughly—then read it again. These orders contain strict prohibitions, such as no contact with the petitioner and no possession of firearms. Violating these terms can lead to criminal charges, jail time, and severely harm your chances of success in court.

Step 2: Consider Hiring an Experienced Oregon Protective Order Attorney

Many people try to represent themselves to save money, but the consequences of losing a protective order case can be devastating. If the order is upheld, you may:

• Be prohibited from living in your home

• Lose your right to own firearms—sometimes permanently

• Face collateral consequences like losing your job or custody of your children

Hiring an attorney gives you a significant advantage. An experienced lawyer understands Oregon protective order laws, court procedures, and strategies to protect your rights.

Click here to discuss your protective order today.

Step 3: Request a Contested Hearing Within 30 Days

You have 30 days from the date you were served to notify the court that you want to contest the protective order. If you fail to request a contested hearing, the order will automatically remain in effect.

Preparing for Your Contested Hearing

Once you request a hearing, the court will schedule it within 21 days. At this stage:

• If you have an attorney: They will gather evidence, interview witnesses, and develop a legal strategy tailored to your case. They may also negotiate with the petitioner to resolve the matter without a hearing.

• If you do not have an attorney: Review the court’s rules on evidence, witnesses, and trial procedures carefully. Missing a requirement can harm your case.

Your attorney may also file documents before the hearing to present your case in the most favorable light. (See our guide: Anatomy of a Contested Hearing.)

What Happens After the Hearing?

The petitioner must prove their case by a preponderance of the evidence—meaning more likely than not. Possible outcomes include:

1. Petitioner fails to appear: The judge may dismiss the protective order.

2. Parties reach an agreement: The judge will usually adopt the agreement.

3. Petitioner wins: The protective order remains in effect for one year or longer.

4. Petitioner loses: The protective order is dismissed.

Need Help Fighting a Protective Order in Oregon?

If you’ve been served with a protective order, time is critical. Contact Scissors Law today for a confidential consultation. Our experienced Oregon attorneys will fight to protect your rights and guide you through every step of the process.

If you are experiencing domestic violence, harassment, stalking, or threats in Oregon, you may be eligible to file a protective order (also called a restraining order). This guide explains the steps to obtain a protective order in Portland, Multnomah County, and throughout Oregon, what to expect during the process, and how an attorney can help protect your safety.

What Is a Protective Order in Oregon?

A protective order is a court-issued document that prohibits an individual (the Respondent) from contacting or approaching you. Oregon law provides several types of protective orders, including:

• Family Abuse Prevention Act (FAPA) Restraining Orders

• Stalking Protective Orders

• Elder Abuse Protective Orders

• Protective Orders for Disabled Persons

• Sexual Abuse Protective Orders

Each type has specific eligibility requirements. If you’re unsure which applies to your situation, consult an experienced Oregon protective order attorney.

Step 1: Determine Eligibility

To file a protective order in Oregon, you generally must show:

• You have been the victim of abuse, stalking, or harassment

• The abuse occurred recently or there is an ongoing threat

• You have a qualifying relationship with the Respondent (for FAPAs)

Step 2: File Your Petition

You can file a petition for a protective order at your local courthouse. When filing:

• Complete the required forms (available online or at the courthouse)

• Provide detailed information about the abuse or threats

• Request temporary emergency protections if needed

Step 3: Attend the Ex Parte Hearing

After filing, you will attend an ex parte hearing, where a judge reviews your petition without the Respondent present. If the judge grants your request, you will receive a temporary protective order that takes effect immediately.

Step 4: Prepare for the Contested Hearing

The Respondent has the right to request a contested hearing within 30 days. If they do:

• Gather evidence (texts, emails, photos, witness statements)

• Prepare to testify about the abuse or threats

• Consider hiring a Portland protective order lawyer to represent you and strengthen your case

Step 5: Possible Outcomes

At the contested hearing, the judge will decide whether to:

• Continue the protective order for one year or longer

• Dismiss the order if the Court determines you have not met your burden of proof

• Adopt an agreement if both parties settle before the hearing

Why Hire an Attorney?

While you can file a protective order on your own, having an experienced attorney can:

• Ensure your petition is complete and persuasive

• Navigate the Oregon Rules of Civil Procedure and Oregon Rules of Evidence to present the best evidence

• Represent you at hearings and cross-examine the Respondent

• Help you obtain additional protections, such as custody or firearm restrictions

Need Help Filing a Protective Order in Portland or Oregon?

If you need a protective order to protect yourself or your family, Scissors Law is here to help. Our experienced attorneys serve Portland, Multnomah County, and all of Oregon. Contact us today for a confidential consultation.

If you’re facing a contested protective order hearing in Oregon, understanding the process is critical. This guide breaks down each phase of the hearing and provides strategic insights to help you prepare. Whether you are a petitioner or respondent, knowing what happens at this stage can make the difference between success and failure.

What Is a Contested Hearing?

A contested hearing occurs when the respondent challenges the temporary protective order issued by the court. If you’re unfamiliar with the steps leading up to this stage, see our guide: Respondents’ Guide: What To Do When Served With a Protective Order in Oregon.

Phase 1: Pre-Hearing Preparation and Investigation

As any experienced attorney will tell you, most of the work happens before the hearing begins. Preparation is key to success. Here’s what a well-prepared lawyer typically does:

• Review the facts of the case and client goals

• Identify and subpoena witnesses

• Conduct additional investigation if needed

• Research relevant Oregon case law

• Prepare clients and witnesses for testimony and cross-examination

• Analyze the assigned judge’s tendencies and rulings

• Organize exhibits for evidence

• Draft and file a trial memorandum. A trial memorandum is a detailed document summarizing key facts and legal arguments for the judge. This document adds strategic value by priming the judge to view your case favorably before the hearing even begins.

Phase 2: The Contested Hearing Process

The hearing follows a structured format:

1. Opening Statements: Each party outlines their case. A strong attorney provides a clear roadmap for the judge.

2. Petitioner’s Case-in-Chief: The petitioner presents witnesses and evidence.

   • Tip: If the petitioner fails to follow evidence rules (e.g., proper notice), their evidence and exhibits may be excluded when the proper objections are made.

3. Cross-Examination of Petitioner’s Witnesses: The respondent challenges credibility and clarifies testimony.

   • Motion to Dismiss: If the petitioner fails to meet legal requirements, the respondent can request dismissal at this stage - called a Motion for Directed Verdict.

4. Respondent’s Case-in-Chief: The respondent presents their witnesses and evidence.

5. Cross-Examination of Respondent’s Witnesses: The petitioner questions the respondent’s witnesses.

6. Closing Statements: Attorneys apply facts and issues regarding credibility to Oregon law and argue why the protective order should be upheld or dismissed.

Phase 3: Judge’s Ruling and Possible Outcomes

After reviewing all evidence, the judge may:

• Continue the Protective Order: It remains in effect for one year or longer (can be permanent in some cases).

• Modify the Protective Order: Uphold the protective order but some conditions may change.

• Dismiss the Protective Order: The order is terminated completely.

Why Legal Representation Matters

Contested hearings are complex. An experienced Portland protective order attorney can:

• Ensure compliance with court rules

• Challenge improper evidence

• Present a compelling case to the judge

Need Help With a Contested Protective Order Hearing in Oregon?

If you’re preparing for a contested hearing in Portland, Multnomah County, or anywhere in Oregon, contact Scissors Law today. Our attorneys have extensive experience in protective order litigation and will fight to protect your rights.

If you’re involved in a protective order case in Oregon, you may also be facing a criminal charge at the same time. This guide explains how these two proceedings relate, what makes them different, and the strategic decisions you and your attorney should consider.

A Common Scenario

Imagine this situation: Jodi and Kelly are domestic partners living together. After an argument, Kelly alleges that Jodi slapped her, causing an injury. Kelly calls the police and reports past abuse. The District Attorney files criminal charges against Jodi for Assault in the Fourth Degree. At the same time, Kelly petitions for a Family Abuse Prevention Act (FAPA) protective order, and a judge grants a temporary order.

Now Jodi faces two separate cases:

• A criminal case for assault

• A civil protective order (FAPA) case

Are Criminal and Civil Protective Order Cases Connected?

Not directly. These are separate legal proceedings:

• Criminal Case: Can result in a conviction, jail time, probation, and a permanent criminal record.

• Civil Protective Order: Does not involve jail time but can impose restrictions like no contact with the petitioner or exclusion from a residence.

Winning or losing one case does not automatically affect the other. For example, if the protective order is dismissed, the criminal charges do not disappear.

How Do These Cases Interact?

While separate, they influence each other in important ways:

1. Petitioner’s Testimony

The protective order hearing can reveal key testimony that will likely appear in the criminal trial. For respondents, this is an opportunity to preview the prosecution’s case and cross-examine the petitioner. This insight can shape trial strategy or even lead to a decision to negotiate a plea deal.

2. Respondent’s Testimony

If the respondent testifies in the civil hearing, those statements are under oath and may be used later in the criminal case. Inconsistent statements can damage credibility. An attorney will carefully weigh whether testifying is worth the risk.

3. Settlement Opportunities

Concurrent cases can create leverage for negotiation. For example, if the respondent agrees to a plea deal in the criminal case that includes no contact and counseling, the petitioner may agree to dismiss the protective order, saving time and emotional energy for both parties. A skilled attorney can use this overlap to achieve a favorable outcome.

Why Legal Representation Is Critical

Facing both a criminal charge and a protective order is complex. An experienced Portland protective order and criminal defense attorney can:

• Protect your rights in both proceedings

• Prevent damaging testimony

• Explore strategic settlement options

Need Help With Protective Orders and Criminal Charges in Oregon?

If you’re dealing with domestic violence charges and a protective order in Portland, Multnomah County, or anywhere in Oregon, contact Scissors Law today. Our attorneys understand the interplay between criminal and civil cases and will fight for the best possible outcome.