What Happens if a Restraining Order is Not Served

At Levine Law Center, we understand that restraining orders can be critical in protecting your safety, but also confusing in their legal implications. If you’ve been issued or served with one in Portland, Oregon, you may wonder what happens if a restraining order is not served. This question is more than procedural—it can impact your rights, safety, or defense. Let’s break it down with accurate information tailored to individuals navigating family law matters.

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What Happens if a Restraining Order is Not Served?

If a restraining order is not served, it cannot be legally enforced. Until the respondent is properly notified, the order carries no binding authority. This means:

• The respondent is not yet under legal obligation to comply.
• Violations cannot be prosecuted unless the order was legally delivered.
• The order will remain inactive until proof of service is filed with the court.

This procedural step is critical, especially in cases involving domestic violence, child custody, or property access.

Understanding Restraining Orders

In Oregon, five types of restraining orders offer protection under different circumstances:

• Family Abuse Prevention Act (FAPA): For abuse by a romantic partner or family member.
• Elderly Persons and Persons with Disabilities Order: Designed to protect vulnerable adults from abuse.
• Stalking Protection Order: For individuals facing persistent, threatening stalking.
• Sexual Abuse Protection Order: For survivors of sexual assault not covered under FAPA.
• Extreme Risk Protection Order: Requires firearm removal if someone poses a danger to themselves or others.

Each order begins with a court petition and ends with a hearing where a judge may approve temporary or long-term protection.

Serving a Restraining Order

Once the court signs a restraining order, service is mandatory for it to take effect. The delivery process includes:

• Who can serve: a Sheriff’s deputy, a private process server, or a competent adult (excluding the petitioner).
• How service is completed: The server files a certificate of service with the court.
• Timeframe for response: The respondent has 30 days to request a hearing from the service.

You cannot serve the order yourself, and the court clerk can provide options if a respondent is hard to locate.

Consequences of Unenforced Restraining Orders

If the order isn’t served:

• The respondent remains legally unaffected.
• Protection for the petitioner is delayed.
• The court may eventually dismiss the order if no service is completed.
• The respondent’s deadline to contest the order doesn’t begin until service occurs.

The legal system pauses until the paperwork is in the respondent’s hands.

Penalties for Order Violations

Violating a restraining order is a Class A misdemeanor in Oregon, punishable by:

• Up to 364 days in jail.
• Fines up to $6,250.
• Possible felony charges if the violation involves assault, threats, or repeated offenses.

However, these penalties apply only after the order has been served.

Get legal help with our Portland restraining order attorney

If you seek to file, contest, or understand a restraining order in Oregon, Levine Law Center is here to help. Your safety or rights can be at risk when a restraining order is not served correctly. Our attorneys guide you through every stage—from filing paperwork to navigating court hearings and ensuring lawful service. We also assist respondents who have been wrongly accused or wish to contest terms that affect custody, housing, or visitation.

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