Oregon Domestic Violence Laws

There are few crimes as damaging and horrific as domestic violence offenses. Under Oregon‘s Family Abuse Prevention Act, victims of domestic violence have protections available to help them escape torment from their abusers.

Each state has a somewhat different interpretation of what qualifies as domestic violence, so it’s important to know Oregon‘s definition. In this article, we’ll discuss what’s considered domestic violence in Oregon, examine the penalties and protections it entails, and how to apply for a restraining order. Read on to get a better understanding of domestic violence laws in Oregon.

Defining Domestic Violence in Oregon

As one might expect from the name, domestic violence takes place with those you’d expect to find in your home. The people involved, known as family and household members, are only half of the equation. Let’s take a closer look at what constitutes domestic violence in Oregon.

Domestic Violence in Oregon: The Offenses

Control and power. They’re the driving forces behind domestic violence crimes. The abuser gathers and maintains them with a variety of abuses. Through threats, intimidation, coercion, isolation, and violence, abusers keep their victims in a brutal cycle of abuse.

Rather than list specific acts, Oregon has categories of offenses that qualify as domestic violence crimes. They are:

• Causing bodily injury with intent or reckless disregard
• Attempting to cause bodily injury with intent or reckless disregard
• Placing another in fear of imminent serious physical injury with intent or reckless disregard (menacing)
• Using force to cause a victim to engage in involuntary sexual relations
• Using the threat of force to cause a victim to engage in involuntary sexual relations

Offenses that fit into one of the categories can qualify as domestic violence. For example, one family member or household member assaulting another is a domestic violence offense in Oregon. Attempting to do so would qualify, as would threatening to do so.

Offenses that belong to this list aren’t considered domestic violence unless the participants share a qualifying relationship. That doesn’t mean the crime committed isn’t prosecutable. Stalking is still stalking, whether the people involved are family members or strangers. Menacing is still a class A misdemeanor, whether classified as domestic violence or not. The difference is in which restraining orders are available and what penalties apply.

Domestic Violence in Oregon: Family and Household Members

Committing an abusive act is only half of the equation for domestic violence in Oregon. The people involved must share one of a group of qualifying relationships. These associations are any of the following:

• Spouses
• Former spouses
• Parents of a child
• Family by consanguinity (blood relatives)
• Family by marriage (in-laws or stepfamily)
• Family by adoption
• Persons involved in a sexually intimate relationship with each other within two years before a filing
• Persons who are cohabitating
• Persons who have cohabited with each other

Unmarried parents of a minor child could experience domestic violence with each other, but coworkers who are casual friends can’t. Victims of domestic abuse have access to certain protections and programs designed just for them.

Probation is an option for first-time domestic violence offenders in the state of Oregon. Whether it’s offered depends on the criminal acts involved and if the court feels the threat of abuse is still present. Conditions of probation can include a mandatory mental health evaluation or offender treatment programs.

Oregon Domestic Violence Laws: Protections, Programs, and Other Aids

If the abuser, victim, and crime fit the definition, a domestic violence crime can occur. This unlocks access to protections designed for domestic violence victims. A victim who has suffered abuse within the past 180 days can petition the circuit court for relief through a Family Abuse Prevention Act restraining order. It’s also referred to as a FAPA restraining order.

The victim (petitioner) begins by applying for a restraining order. The state of Oregon suggests getting help from a domestic violence advocate or legal aid. You’ll include an affidavit with your forms stating what abuse you suffered and when it occurred. There is no fee for filing for a FAPA restraining order.

The court will often review your petition on the day it’s filed. The judge may ask you questions. If the court agrees that the threat of further domestic violence exists, a temporary ex parte FAPA restraining order is issued. The abuser (respondent) is not contacted before the order (ex parte). It goes into effect as soon as your abuser is served with the order. Service is often done by an Oregon sheriff. The petitioner cannot serve the respondent themselves.

Your temporary FAPA order will have conditions tailored to what you ask for and what the court feels you need for your safety. These provisions include:

• The petitioner is granted temporary custody of the children of the parties, with visitation set or revoked by the court
• The respondent must move from the petitioner’s residence if shared
• The respondent cannot enter or attempt to enter the petitioner’s residence
• An Oregon peace officer must accompany the party leaving a shared residence to remove essential personal effects of the party, including legal paperwork
• The respondent cannot menace, intimidate, interfere with, or molest the petitioner
• The respondent cannot attempt to menace, intimidate, interfere with, or molest the petitioner
• The respondent cannot menace, intimidate, interfere with, or molest any children in the custody of the petitioner
• The respondent cannot attempt to menace, intimidate, interfere with, or molest any children in the custody of the petitioner
• The respondent cannot menace, intimidate, interfere with, or molest the petitioner at any location, including a workplace or school
• The respondent cannot attempt to menace, intimidate, interfere with, or molest the petitioner at any location, including a workplace or school

The order may include any, all, or none of the above conditions. The court can add any provision it considers necessary for the victim’s safety.

The temporary order is in effect for up to 180 days or until a case hearing takes place. Once served, the respondent has 30 days to request a court hearing if they plan on contesting the order. The hearing is scheduled within 21 days of the request. If temporary child custody is involved, the hearing must take place within five days.

If the court believes the child custody issue is pressing, it can order an exceptional circumstances hearing. This can happen when the normal custody arrangement is in question. The judge hears arguments from both sides and issues a temporary custody order.

At the court hearing for the FAPA restraining order, the participants state their case, have witnesses testify, and present evidence. Some or all of this can be done remotely. If the court believes the respondent is still a threat, a final FAPA restraining order is issued. As of the beginning of 2024, the duration of a final FAPA restraining order was increased to two years.

The court can add or amend conditions from the temporary order as it becomes permanent. Renewal for another two years is permitted. Any FAPA order issued is sent to the Oregon Law Enforcement Data System and NCIC at the Department of Justice.

Orders issued in Oregon are valid in any US state or territory, as well as on tribal reservations. This is due to federal law under the Violence Against Women Act (VAWA).

Violations of FAPA restraining orders carry serious penalties. Any violation is a contempt of court charge that carries a maximum jail term of up to six months and a fine of up to $500. The offender also faces punishment for the crimes committed during the violation. Some charges carry enhanced penalties.

Oregon peace officers receive special training for handling domestic abuse situations. If a police officer witnesses an act of domestic violence or believes domestic abuse has occurred, they are required by law to arrest the abuser. Mandatory arrests are intended to remove the immediate threat of domestic violence.

It’s common to be unsure which restraining order you’re eligible for. If you have more questions about Oregon restraining orders, this FindLaw article has the answers you’re looking for.

Lease Termination

A domestic violence victim can terminate a lease without penalty. They are required to give the landlord 14 days’ notice and proof of their FAPA order. Victims are responsible for all outstanding rent due. This law also covers victims of sexual assault and stalking.

Address Confidentiality Program

Fleeing an abuser can seem pointless if they can find your new home through legal documents. Oregon‘s Address Confidentiality Program (ACP) helps keep victims’ new addresses hidden. It does this by issuing them a second address that’s used for all state and legal documents.

First-class mail is forwarded to the actual address, and there’s no fee for the service. The ACP is also available for victims of sexual assault, stalking, hate and bias crimes, and human trafficking.

The Hope Card Program

Oregon‘s Hope Card allows a victim to carry pertinent information about their FAPA restraining order on a wallet-sized card. It contains the following:

• Name of the petitioner (victim/survivor)
• Name and date of birth of the respondent (the person who is restricted from making contact with the petitioner)
• Court case number
• Date the order was issued
• Date the order expires
• Names of additional persons protected by the order
• Any other essential information about the protective order

This makes it easier for law enforcement to quickly understand your order. There’s no fee for the Hope Card. You can apply for it online through the Hope Card Portal.

Oregon Domestic Violence Laws: Additional Resources

• Domestic Violence Resources – Oregon Department of Human Services
• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence Help – Oregon Coalition Against Domestic and Sexual Violence
• Find Your Court in Oregon
• Orders of Protection and Restraining Orders
• Domestic Violence FAQ

Confused About Domestic Violence Laws in Oregon? A Lawyer Can Help

If you’re a victim of physical assault, strangulation, sexual abuse, or any other type of domestic violence by an intimate partner or family member, Oregon has protections to help you. If you’d like a chance at an abuse-free life, consider speaking with an Oregon family law attorney.

Domestic violence charges are serious, and your entire future is in danger. If you’re facing criminal charges for family violence, you need the legal advice of an Oregon criminal defense attorney right now. An expert in domestic violence cases will examine your situation, explain your options, and stand with you in court.