Restraining & Protection Orders
Where Do I Obtain a Restraining Order?
Restraining Orders are obtained through Circuit Courts. Visit the Polk County Circuit Court website or call (503) 623-3154.
How Do I Qualify for a Restraining Order, and What is the Criteria?
Please contact your local circuit court for specific information. In Polk County, visit the Polk County Circuit Court website or call (503) 623-3154.
After a Judge Approves a Restraining Order, How is it Served and How Long Will it Take to be Served?
Restraining Orders are processed and put out for service the day they are received by our office. We rely on either the Confidential Information Form or the relevant data section in the restraining order, which has the name, date of birth, address, and all descriptions of the respondent. The more information you provide in this section, the easier it may be for the Sheriff's Office to complete service. Include an employment address, if applicable, and any other information that will be useful in order for us to serve.
Restraining Orders are the first priority in service documents at the Polk County Sheriff's Office. However, it may take anywhere from one day to several weeks to serve a respondent, due to the following:
- A respondent may be avoiding service. Restraining orders are not search warrants; therefore, we cannot force entry into a residence.
- We may be going to the residence at the wrong time because no information was provided as to the best time frame to serve or it is simply unknown.
- Deputies may be responding to emergency calls, or we may only have a limited number of deputies on duty.
How Can I Check to See if a Restraining Order has been Served?
After service is completed, the petitioner will be mailed a copy of the Affidavit of Service, which is also filed with the court indicating that the Restraining Order has been served. You may also contact the civil division to check service status Monday through Friday from 8 a.m. to 5 p.m.
After-hours, weekends & holidays, call the Polk County Jail at (503) 623-9254. However, if you call the Polk County Jail, they will only be able to tell you if the Restraining Order has been served. They cannot provide any other information to you such as how many times the Sheriff's Office has attempted service, etc. If you need to speak to a Deputy or if you need to notify our office of the whereabouts of a respondent, call our main office line at (503) 623-9251.
Please remember to be patient in this process. The Polk County Sheriff's Office performs due and diligent search and inquiry when serving civil process.
If you do not meet the criteria for a restraining order, you may be able to obtain a stalking protective order. "Stalking" is defined in Oregon Revised Statute (ORS) 163.730 to 163.732. Keywords in the definition are "repeated" and "unwanted contact". "Repeated" means two or more times. If you believe you are a victim of stalking and you would like to see if you could obtain a stalking protective order, contact the law enforcement agency where the stalking is taking place. You may now also petition the court directly for a stalking protective order per ORS 30.866; forms are available for download from the Oregon Judicial Department website.