Family Abuse Prevention Act (FAPA) Restraining Orders are intended to provide for protection from abuse by family, household members, or someone with whom you have had a sexual relationship. The abuse must have been committed within the last 180 days.
Restraining Order (FAPA) forms must be completed in their entirety and filed no later than 8:30am, Monday – Friday (excluding legal holidays) in Room 107 at the Linn County Courthouse. Restraining order petitions submitted online by iForm must be submitted before 4pm to be heard in court the following day. If the forms are filed online, the clerk will contact you using the phone number listed on your documents to confirm your court appearance. Restraining and all protective orders currently require an in person court appearance.
Forms may be obtained in the Forms Center
, at the courthouse outside Room 107 or in Room 107 during business hours. If you need assistance completing the forms, the clerk can review them on a first-come, first-served basis in Room 107. Note: court staff cannot provide legal advice or opinions on your case.
There are several different types of protective orders:
Linn County Resources for Protective Order Assistance
Center Against Rape and Domestic Violence provides free and confidential services to victims of domestic violence and sexual assault. Services include but are not limited to a 24-hour hotline, emergency shelter, crisis counseling, support groups and court advocacy. Court advocacy services include assistance with filing restraining orders or other civil paperwork, safety planning, court accompaniment and resource referrals. Please call the 24-hour hotline at 541.754.0110 or 1.800.927.0197 for assistance. For more information, please visit the CARDV website.
Legal Aid Services of Oregon provides free legal assistance to low-income individuals. Legal Aid Services of Oregon (LASO) provides assistance in family law matters to victims of domestic violence and/or sexual assault. LASO does not assist with initiating restraining orders, but can assist Petitioners if the restraining order is contested. Generally, LASO does not assist Respondents in restraining orders. LASO can assist on stalking orders and elder and disabled abuse prevention orders. Please call 541.928.1095 for more information.
Victims’ Assistance within the Linn County District Attorney Office helps crime victims navigate the criminal justice system process and provide assistance that promotes establishing victim stabilization after the crime. The Victims’ Assistance Program works to ensure that victims are treated with dignity, respect and compassion. Please call 541.967.3805 for more information.
Instructions and Forms for:
A Sexual Abuse Protective Order (SAPO) is available in certain cases where a person was subjected to unwanted sexual abuse by another person who is not a family member or intimate partner.
Instructions and Forms for SAPO cases
You can get a Stalking Protective Order if you and/or a member of your immediate family or household are being stalked. Stalking is usually characterized by a pattern of intentionally, knowingly, or recklessly alarming or coercing another person, or engaging in unwanted and repeated contact.
Instructions and Forms for Stalking cases
Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA)
If you are 65 years or age or older and not a resident of a long-term care facility or a person with disabilities, you may be eligible for this restraining order. A restraining order is an order of the court that restricts the person named in the order to stop threatening or abusing and to stay away from you.
Extreme Risk Protection Order (ERPO)
Respondents who are subject to these orders must give all of their deadly weapons and their concealed handgun license to a law enforcement agency, gun dealer, or someone else who can lawfully hold them within 24 hours. Respondents are not allowed to possess weapons until the order expires or is cancelled, terminated, or dismissed by a judge. The court will tell Respondents how to surrrender their weapons if the order is granted.