RESTRAINING ORDERS, STALKING ORDERS AND OTHER PROTECTION ORDERS
Where do I obtain a Restraining Order?
Restraining Orders are obtained through Circuit Courts. The phone number for Klamath County Circuit Court is 541-883-5503.
How do I qualify for a Restraining Order and what are the criteria?
This information can be obtained by calling the court.
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 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 Klamath 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 timeframe 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 do I check and see if a Restraining Order has been served?
After service is completed, a petitioner will be mailed a copy of the return 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. If you need to notify our office of the whereabouts of a respondent, call our main office line at 541-883-5130. Please remember to be patient in this process. Our Office performs due and diligent search and inquiry when serving civil process.
Please Note: Restraining Orders to be served outside of Klamath County are sent to the appropriate county. Please check with the appropriate Sheriff's Office for service status.
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". 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.
The Klamath County Sheriff’s Office and other public safety agencies, along with Oregon Courts, are not permitted to give legal advice pursuant to Oregon Law. “Legal Advice” means telling a person how to go about court proceedings, filing, etc., speculating what the outcome in a court case would be, advising or recommending one procedure, form, or pleading over another, advising what words to put in a form or what to say in court, suggesting what you "should do", recommending the services of a specific attorney or group of attorneys, etc. If you need legal assistance, you may try:
- Search yellow pages or internet for "attorney".
- Lawyer Referral Service, Phone Number: 1-800-452-7636
- Tel-Law Program, Phone Number: 1-800-452-4776 or www.osbar.org/public
- Legal Aid Services of Oregon. Location: 832 Klamath Ave, Klamath Falls, OR 97603. Phone Number: 541-273-0533, or https://lasoregon.org/
- Law Libraries located at any the Public Library
- Book stores, specifically in the Law/Social Science section