Basic Criteria for Obtaining a Restraining Order. Within the last 180 days* the person who abused you must have: Physically injured you; Tried to physically injure you; Made you afraid that he/she was about to physically injure you; or, made you have sexual relations against your wishes by using force or threats of force; AND You are in danger of more abuse very soon, and the person who abused you is a threat to the physical safety of you or your children.
(*Not including time when the person who abused you was incarcerated or lived more than 100 miles away from your home.)
State of Oregon’s Definition of “Abuse”. 1) You have been physically hurt or someone has tried to hurt you; You have been threatened with imminent and serious harm; or, You have been forced to engage in sexual relations against your will.
Who you CAN get a Restraining Order against? Your husband, wife or domestic partner; your FORMER husband, wife or domestic partner; an adult with whom you are living (or did live) in a sexual relationship; an adult with whom you have been in a sexual relationship in the last two years; an adult related to you by blood, marriage or adoption; or the parent of your child.
Who CANNOT get a Restraining Order? Roommates not involved in a sexually intimate relationship; people who are not related who have never lived together or had a sexually intimate relationship; people who have not been abused as defined by the law; minors, unless you have been in a sexual relationship with that person AND the person who abused you is at least 18.
How do I file a Restraining Order? Go to Judge Barron’s Courtroom at the Coos County Courthouse in Coquille no later than 7:30 a.m. A Court Advocate will be present to help you fill out the necessary paperwork. There is no filing fee for restraining orders.
After the Restraining Order is completed, it will be filed and the Judge will hear your request. You will be asked to provide truthful sworn testimony in court.
If the Restraining Order is granted by the Judge, you will be escorted to the Sheriff’s Office for computer entry and service of the Restraining Order. REMEMBER…the Restraining Order IS NOT VALID UNTIL IT IS SERVED ON THE RESPONDENT! You MUST keep a copy of the Restraining Order with you until it is served. If you encounter the respondent prior to service, you may contact any officer and they can respond and serve your certified copy to the respondent. That officer must advise the Sheriff’s Office that they served your copy to the respondent. You may contact the Sheriff’s Office to obtain the certified copy that we did not serve and to advise our office that another agency served your copy so that we can obtain that office’s signature on a proof of service. You may also contact the Courts at the Domestic Window and they can make you a replacement certified copy. Prior to arresting or taking any action against a respondent for Violation of a Restraining Order, Law Enforcement must verify with the agency who served the Restraining Order that there still is a valid Restraining Order on file, so it is not necessary that you have your copy on your person at all times, after the service of the Restraining Order, however, it does give law enforcement something to review prior to ensuring the validity of it. If you have additional questions, you may contact the Domestic Window at (541) 396-3121 Ext. 251.