Domestic Violence Protection Order (Oregon – Family Abuse Prevention Act)
[// GUIDANCE: This template is designed for use in Oregon circuit courts under ORS 107.700-107.735 (“FAPA”). It follows the user-requested architecture while preserving Oregon procedural requirements. Bracketed items must be customized by counsel. Citations are limited to well-established statutory sections in accordance with the Citation Policy.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Findings, Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Dispute Resolution & Jurisdiction
- General Provisions
- Execution Block
1. DOCUMENT HEADER
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY]
Case No. [CASE NUMBER]
FAMILY ABUSE PREVENTION ACT
PROTECTION ORDER
(ORS 107.700 et seq.)
Petitioner: [PETITIONER NAME], DOB: [MM/DD/YYYY]
vs.
Respondent: [RESPONDENT NAME], DOB: [MM/DD/YYYY]
Date Petition Filed: [FILING DATE]
Date of Ex-Parte Hearing: [HEARING DATE]
Effective Date of Order: [DATE]
Expiration Date (unless renewed): [DATE – 1 year from Effective Date]
Recitals
a. Petitioner filed a sworn petition under ORS 107.710 alleging abuse as defined in ORS 107.705(1).
b. The Court has reviewed the petition and supporting evidence and issues the following Protection Order pursuant to ORS 107.725.
2. DEFINITIONS
For purposes of this Order, the following terms have the meanings set forth below. Any capitalized term used but not defined herein shall have the meaning ascribed to it in ORS 107.705.
“Abuse” – Conduct described in ORS 107.705(1).
“Contact” – Any direct or indirect communication, whether in-person, electronic, written, or through a third party.
“Court” – The Circuit Court of the State of Oregon for the County identified in the caption.
“Firearm” – Has the meaning set forth in 18 U.S.C. § 921(a)(3).
“Minor Child(ren)” – Any child listed in Section 3.6 of this Order.
“Protected Person(s)” – Petitioner and each Minor Child designated below.
“Residence” – Any dwelling, temporary or permanent, at which a Protected Person resides or is located.
[Add additional definitions as needed]
3. OPERATIVE PROVISIONS
3.1 No Abuse. Respondent SHALL NOT commit, attempt to commit, or threaten to commit Abuse against any Protected Person.
3.2 No Contact.
a. Respondent SHALL NOT have Contact with any Protected Person except as expressly permitted in Section 3.7.
b. Stay-Away Distance: Respondent shall maintain a minimum distance of [##] feet from each Protected Person, their Residence, school, workplace, and any vehicle occupied by a Protected Person.
3.3 Exclusion From Residence. Respondent is immediately excluded from the Residence located at [ADDRESS] and shall remove personal items only as scheduled by law enforcement.
3.4 Firearms & Deadly Weapons.
a. Immediate Surrender. Pursuant to ORS 107.724(1)(j) and 18 U.S.C. § 922(g)(8), Respondent shall surrender all Firearms and deadly weapons in his/her possession within [24] hours to [LAW ENFORCEMENT AGENCY] and file proof of surrender with the Court within [48] hours.
b. Prohibition. Respondent SHALL NOT purchase, possess, or control any Firearm for the duration of this Order.
3.5 Temporary Support (If Applicable). Respondent shall pay temporary child/spousal support in the amount of $[AMOUNT] per [WEEK/MONTH] commencing [DATE] in accordance with ORS 107.095.
3.6 Custody / Parenting Time (If Applicable). Temporary custody of the following Minor Child(ren) is awarded to Petitioner:
• [CHILD NAME, DOB]
Any parenting time for Respondent is suspended unless specifically outlined in Section 3.7.
3.7 Limited-Contact Exceptions. Contact necessary to facilitate court-ordered parenting time, mediation, or litigation shall occur only through [METHOD] and in the presence of [SUPERVISOR/THIRD PARTY], and only after written agreement of counsel or further court order.
3.8 Law Enforcement Entry. Law enforcement is authorized to enter the Residence to effect service, enforce exclusion, or supervise personal-property retrieval.
3.9 Service of Order. A certified copy of this Order and notice of rights shall be personally served on Respondent by [SHERIFF/PROCESS SERVER] forthwith. Service on Respondent shall constitute actual notice for enforcement purposes under ORS 107.725(9).
4. FINDINGS, REPRESENTATIONS & WARRANTIES
4.1 Statutory Findings. The Court FINDS:
a. Venue and jurisdiction are proper under ORS 107.730.
b. Respondent and Petitioner are [INTIMATE PARTNERS / FAMILY / HOUSEHOLD MEMBERS] as defined in ORS 107.705(4).
c. The sworn allegations establish that Respondent has within the past 180 days committed Abuse against Petitioner, creating an imminent danger of further Abuse.
4.2 Materiality & Survival. The above findings are material to the issuance of this Order and shall survive the expiration or modification of the Order for enforcement and contempt purposes.
[// GUIDANCE: Additional findings—e.g., military status of Respondent under SCRA—may be added where relevant.]
5. COVENANTS & RESTRICTIONS
5.1 Respondent Covenants. Respondent shall:
a. Comply fully with Sections 3.1 through 3.9;
b. Immediately update the Court and Petitioner (through counsel) in writing of any change in residence or contact information;
c. Complete [DOMESTIC VIOLENCE INTERVENTION PROGRAM] within [TIMEFRAME], filing proof of enrollment within [##] days.
5.2 Petitioner Obligations. Petitioner shall not provoke or invite violation of this Order and shall timely advise the Court of any material changes affecting the need for protection.
5.3 Third-Party Notice. Each party shall provide a copy of this Order to any school, childcare provider, or employer having custodial or protective responsibility over a Protected Person.
6. DEFAULT & REMEDIES
6.1 Violation = Contempt & Criminal Penalties. A knowing violation of this Order is punishable as contempt of court under ORS 33.015 and as a Class A misdemeanor under ORS 133.310(3). Law enforcement must arrest and take Respondent into custody upon probable cause of violation.
6.2 Graduated Remedies.
a. First Violation – Mandatory arrest; potential incarceration up to one year and fine up to $6,250.
b. Subsequent Violations – Subject to enhanced penalties including felony prosecution under ORS 163.160 (Assault) if Injury results.
c. Civil Contempt – Daily fines up to $500 and/or confinement until compliance.
6.3 Attorneys’ Fees & Costs. Upon motion, the prevailing party in any contempt or enforcement proceeding may recover reasonable attorneys’ fees and costs.
6.4 Duration & Renewal. This Order is effective until the Expiration Date in the header unless renewed pursuant to ORS 107.725(6). Either party may request modification or dismissal under ORS 107.735.
7. DISPUTE RESOLUTION & JURISDICTION
7.1 Governing Law. This Order is governed exclusively by the laws of the State of Oregon, including ORS 107.700-107.735 and applicable federal statutes.
7.2 Exclusive Forum. The Circuit Court for the County of [COUNTY] shall retain continuing and exclusive jurisdiction over all matters arising under or relating to this Order.
7.3 Arbitration & Jury Waiver. Arbitration is not available, and no jury trial is permitted in FAPA proceedings. All issues shall be resolved by the Court.
7.4 Injunctive Relief. The equitable remedies herein are primary; they supplement, and do not limit, any other legal or equitable relief available.
8. GENERAL PROVISIONS
8.1 Amendment & Waiver. Only the Court may amend, suspend, or terminate this Order; any oral waiver or private agreement is void.
8.2 Severability. If any provision of this Order is held unenforceable, the remaining provisions shall continue in full force to the extent permitted by law.
8.3 Integration. This document constitutes the entire protective order; no prior statements or documents modify its terms unless incorporated herein by reference.
8.4 Service & Proof of Compliance. Affidavits of service, proofs of firearm surrender, and compliance certificates shall be filed using the Court’s designated electronic filing system (Odyssey) or in paper as permitted.
8.5 Copies & Accessibility. Certified copies of this Order shall be provided to Petitioner, law enforcement, and, upon proof of service, to Respondent. An electronic copy shall be made available in an accessible format pursuant to ADA guidelines.
9. EXECUTION BLOCK
[// GUIDANCE: Notarization is generally not required for court-issued orders, but judicial signature and court seal are mandatory.]
IT IS SO ORDERED this _ day of ___, 20__.
Circuit Court Judge
Name: [JUDGE NAME]
Address: [COURTHOUSE ADDRESS]
( COURT SEAL )
Service Certification
I certify that I personally served a true and correct copy of this Protection Order on Respondent as follows:
Date & Time Served: ____
Place of Service: ___
Method: □ Personal □ Substituted □ Other ____
Signature: _____
Name & Title: [SHERIFF / PROCESS SERVER]
[// GUIDANCE: Counsel should attach any required state-issued “Important Notice to Respondent,” law-enforcement information sheets, and firearms surrender instructions as separate exhibits.]