The Sheriff’s Office does not issue Restraining or Stalking orders. They are issued by the Linn County Circuit Court. Arrive at the Courthouse, room 107, by 8:00 a.m. to complete a petition. Cases are heard in Linn County at 8:30 a.m. Monday through Friday. To obtain instructions on filling out the forms, as well as download a copy of the forms to fill out ahead of time (saving you time at the courthouse), please visit the Linn County Circuit Court forms website.
Qualification
Restraining and stalking orders are not available for all circumstances. If you need information to see if you are eligible, please call the court or see the Oregon State Bar Association. You may also contact the Center Against Rape and Domestic Violence for assistance and shelter.
Service
Restraining and stalking orders are processed the same day we receive them. We rely on information that you provide. The more information you can give us, the easier it is for the Sheriff’s Office to serve them.
Restraining orders are a high priority for service. However, it may take several days to several weeks to serve them depending on the following:
- A respondent may be avoiding us.
- Restraining orders and stalking orders are not search warrants and do not allow us to force entry into a residence.
- We may be going to a residence at the wrong time because no information was included to let us know the best times for service.
- Deputies may be responding to emergencies or we may have a limited number of deputies on duty.
The court will provide you with a “certified” copy of the order. This order has a red court seal. Keep this document with you. Any police officer that responds to a domestic disturbance can serve the order if it is available.
Custody Assistance
If the court has ordered us to help regain custody of your children, please contact our office so that we can arrange the best time and location to do this.
Service Status
After service is completed, we will mail a copy of the proof of service to you. One copy will also be filed with the court. You can contact the Civil Division during office hours to determine if it has been served. Our phone number is (541) 967-3907.
Domestic Violence Assistance
If you need help, call the Center Against Rape and Domestic Violence at (541) 758-0219 or 1-800-927-0197. They can assist with emergency shelter, counseling, and support groups.
Standbys
If the court has ordered that a deputy respond with you to get essential personal effects, please call our office to arrange a time to meet you. The order does not have to be served before we can perform the standby. If the locks have been changed, we will not break into the residence to gain entry. The law allows us to only standby to get “essential personal effects.” This includes clothing, medication, legal documents, tools of the trade, etc. Other than these items, we cannot divide personal property. You will need to file other court papers for this.
Other Assistance
Center Against Rape and Domestic Violence (CARDV)
Oregon State Bar Association