Domestic Violence Protection Order

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Oregon requires the use of official Oregon Judicial Department forms for FAPA
(Family Abuse Prevention Act) restraining order petitions. This template provides
the substantive legal content to help you prepare — but you must transfer your
content to the official forms before filing. The official forms are available at
https://www.courts.oregon.gov/programs/family/domestic-violence/pages/restraining.aspx.
Do not file this document directly with the court.

Domestic Violence Protection Order (Oregon – Family Abuse Prevention Act)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Findings, Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Dispute Resolution & Jurisdiction
8. General Provisions
9. 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 – 2 years from date of order per ORS 107.716(6)]

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 107.718 (ex parte) and, if a hearing is held, ORS 107.716.

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. Federal Prohibition. A FAPA restraining order that meets the requirements of 18 U.S.C. § 922(g)(8) makes it a federal crime for Respondent to possess, receive, ship, or transport any Firearm or ammunition while the Order is in effect. Respondent SHALL NOT purchase, possess, or control any Firearm for the duration of this Order.
b. Court-Ordered Restriction/Surrender (If Ordered). As "other relief the court considers necessary" under ORS 107.718(1), the Court [☐ does / ☐ does not] restrict Respondent's access to and possession of Firearms and order surrender. If ordered, Respondent shall surrender all Firearms and deadly weapons to [LAW ENFORCEMENT AGENCY] and file proof of surrender with the Court on the terms set by the Court.

3.5 Temporary Support (If Applicable). Where Respondent has a legal obligation to support Petitioner or the Minor Child(ren), the Court may order temporary support as part of FAPA relief under ORS 107.718(1). Respondent shall pay temporary child/spousal support in the amount of $[AMOUNT] per [WEEK/MONTH] commencing [DATE]. (For ongoing custody, parenting time, and child support, a separate family-law case must be filed.)

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, as provided in ORS 107.718 and 107.723. Once a true copy of the Order and proof of service are filed and entered into the Law Enforcement Data System under ORS 107.720, the Order is enforceable, including by mandatory arrest under ORS 133.310(3).

4. FINDINGS, REPRESENTATIONS & WARRANTIES

4.1 Statutory Findings. The Court FINDS:
a. The circuit court has jurisdiction over this proceeding under ORS 107.710(1), and venue is proper under ORS 107.728 (county where Petitioner or Respondent resides).
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.

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; Mandatory Arrest. A willful violation of this Order is enforceable as contempt of court under ORS 33.015 to 33.155. A peace officer SHALL arrest and take Respondent into custody without a warrant on probable cause to believe Respondent has violated the Order, provided a true copy of the Order and proof of service have been filed (ORS 133.310(3); ORS 107.720).

6.2 Remedies for Contempt (ORS 33.105).
a. Punitive Sanction – For each separate contempt: a fine of not more than $500 (or one percent of Respondent's annual gross income, whichever is greater) and/or confinement for not more than six months (ORS 33.105(2)).
b. Remedial Sanction – A fine not to exceed $500 (or one percent of annual gross income, whichever is greater) for each day the contempt continues, and/or confinement that continues until Respondent complies (ORS 33.105(1)).
c. Separate Crimes. Conduct that constitutes an independent crime — such as assault under ORS 163.160 — may be prosecuted separately in addition to any contempt sanction (ORS 33.045(5)).

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 & Modification. This Order continues in effect for two years from the date of the order (ORS 107.716(6)) unless earlier terminated by court order or superseded under ORS 107.722. The Court may renew the Order for an additional two years on a finding under ORS 107.725. A party may request modification under ORS 107.730; a petitioner's motion to dismiss the Order must be notarized (ORS 107.720(2)(b)).

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

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]