6. What can I do if my spouse or someone I live with is abusing me?
You can get a restraining order, which is an order from the court that tells your attacker to stop the abuse and to leave you alone. A restraining order can require your attacker to not do anything to harass you or your children, to move from your home, and to stay away from your job or school. The police must arrest your attacker if the restraining order is not followed.
Restraining orders can also include temporary custody and parenting time orders. See Question 70 for more information.
7. Who can get a restraining order? Against whom?
You can get a restraining order if you are in danger because your attacker has physically abused you or attempted to physically abuse you; put you in fear of bodily injury; or made you have sexual relations against your wishes by using force or threats of force.
You can get a restraining order against someone you are or were married to; adult relatives; a lover you live with or used to live with (of the same or opposite sex); a person who was your lover (of the same or opposite sex) during the last 24 months; and the other parent of your minor child. If you are under 18, you can get a restraining order against a person who is 18 or older if the person is someone you are or were married to, or if you have ever had a sexual relationship with the person.
8. How can I get a restraining order?
You can ask for a restraining order in a restraining order lawsuit. Forms and instructions are available at all courthouses. Domestic violence shelters and crisis lines, and legal aid offices also have information about getting restraining orders. There is no filing or service fee for these restraining orders.
If a divorce or separation case has been filed, you can also ask for a restraining order as part of that case. You will probably need an attorney to help you get this type of restraining order. If the restraining order deals only with stopping abuse, there is no filing or service fee.
9. What can I do if someone has been following or stalking me in other ways?
If you are not able to get a restraining order because, for example, the person has never abused you or because you are not related to the person or have never had a sexual relationship with him or her, you may still be able to get help under Oregon laws that prohibit 'stalking.' The court has the power to order someone not to contact you when that person has repeatedly (at least twice) contacted you before in a way that made you afraid for your safety.
You should contact the police, a legal aid program, or a lawyer, to see if the law can help in your situation.
There are no filing or service fees for stalking orders.