Restraining order violations in Oregon are governed by Oregon contempt law. They are sometimes referred to as “breaking a no contact order.” However, that general phrase can apply to more than violations of a Family Abuse Prevention Act (FAPA)restraining order. A restraining order violation in Oregon is more correctly referred to as a “Violation of a Restraining Order” or a “VRO.”
Is Violating a Restraining Order in Oregon a Crime?
Oregon’s statutory law is codified as Oregon Revised Statutes. ORS 107.718 and ORS 107.728 provide that violations of FAPA restraining orders are remedied by proceedings for contempt. The criminal code, however, contains no separate criminal offense of violation of a FAPA restraining order.
The Oregon Court of Appeals has held that a violation of a restraining Oregon is not a crime. State v. Litscher,
207 Or.App. 565 (2006). However, a VRO is an act of contempt.
What is the Penalty for Violating a Restraining Order in Oregon?
Contempt in Oregon can be either remedial or punitive under ORS 33.105. A court can impose punitive contempt sanctions for a violation of a restraining order. The penalties that can be imposed for punitive contempt under ORS 33.105(2) include:
- A fine of not more than $500 or one percent of the defendant’s annual gross income, whichever is greater.
- Forfeiture of any proceeds or profits obtained through the contempt.
- Confinement for not more than six months.
- Probation or community service.
What Should I do if a Restraining Order has been Violated?
If you are a victim of domestic violence and fear that a violation of a restraining order has put you in fear for your physical safety, contact the police right away.
If you’ve been falsely accused of violating a restraining order in Oregon, contact an attorney right away. Although it’s not a crime, the penalties are substantially similar to what can be imposed after a criminal conviction–including incarceration (jail), probation, and fines.