Everything You Need to Know About Oregon Protective Orders
Your safety is a priority
Crimes related to domestic violence are, unfortunately, on the rise in Oregon. As of late 2022, the percentage of Oregon residents (40% of women and 36% of men) experiencing domestic violence in the state has exceeded national averages.
While new legislation that aims to protect those experiencing domestic violence is being introduced often, Oregon already has a few protective order options in place that victims can leverage for their safety.
Before we dive into Oregon’s various protective orders, if you’re currently experiencing an abusive situation where your abuser is monitoring your computer activity, the state of Oregon urges people to visit Computer Hope to learn more about erasing your browser history and online activity.
And, if you’re in immediate danger, you can call 911 or Multnomah County’s 24/7 crisis support at 503.235.5333 or 1.888.235.5333.
What is a protective order?
A protective order is an order issued by a court to protect a person’s physical safety, and in Oregon specifically, it can take a few different forms depending on the situation and its severity.
Depending on the type of protective order you apply for, the requirements may vary, but all protective orders follow the same application process in court.
Once you’ve applied for a protective order, the court will hold a short hearing to determine whether or not you will be granted a temporary order to protect you from your abuser while the formal process continues. This temporary order must be served on the respondent (the accused abuser) in order to be enforced. Once served, the respondent has 30 days to respond and request a hearing.
The hearing is where you’ll present evidence to the court that supports your petition for a protective order, and a judge will determine whether or not the temporary order will become final. Each type of protective order has a specified length of time for which it remains in effect, and those that expire have procedures in place for Petitioners to request a renewal.
The five types of protective orders in Oregon
In Oregon, there are five main types of protective orders, including a Family Abuse Prevention Act (FAPA) order, which is more commonly referred to as a restraining order.
Family Abuse Prevention Act Order (FAPA)
FAPA Orders are used to protect an individual from abuse by a family member, friend, household member, or someone with whom they’ve had a sexual relationship. In order to have a restraining order granted by the court, the Petitioner has to show three things: (1) the abuse occurred in the last 180 days, (2) the Respondent poses an imminent danger of further harm to the Petitioner, and (3) Respondent presents a credible threat to the Petitioner.
When granted, a FAPA is in place for one year, and there are renewal procedures if a Petitioner remains in fear of harm. Beginning in January 2024, a FAPA will remain in place for two years.
Stalking Protective Order
A stalking order protects a person who has been the subject of stalking, which is defined in Oregon as “unwanted or obsession attention directed at a specific person that would cause them to feel threatened.” In order to get a stalking protective order in Oregon, the person must have experienced two or more unwanted contacts within the last two years and the contacts must cause feelings of alarm or coercion.
When the stalking actions are virtual (via text, call, email, or other messenger), the petitioner must show that the contacts or messages make them fear for their safety, are direct threats, and that it’s likely that these threats will be acted upon.
Unique to stalking orders, immediate family members or household members can also obtain a stalking order on behalf of the person being stalked.
When granted, stalking protective orders do not expire unless otherwise indicated in the order.
Elderly Persons and Persons with Disabilities Abuse Prevention Act Order (EPPDAPA)
For those over the age of 65 and not living in a long-term care facility or a person with disabilities, an elder abuse protective order can be obtained. This specific type of restraining order restricts the person named from coming near the elderly or disabled person and requires them to stop threatening or abusing them.
Similarly to other restraining orders, the abuse must have occurred in the last 180 days and there must also be a continued threat of abuse putting the elderly or disabled person in immediate danger.
Legal guardians can also obtain an elderly abuse protective order on behalf of the person they are the guardian. Like FAPAs, EPPDAPAs are in place for one year and can be renewed on the Motion of the Petitioner.
Sexual Abuse Protective Order (SAPO)
In certain cases where a person is subjected to unwanted sexual abuse by another person who is not an intimate partner or family member, a sexual abuse protective order may be an option. This abuse must have occurred in the last 180 days and there must also be a reasonable fear for present safety.
To qualify for a sexual abuse protective order, the sexual contact must have occurred either without explicit consent or when the petitioner was unable to consent due to age or mental capacity (for example, while they were under the influence of drugs or alcohol).
When granted, SAPOs remain in place for five years and can be renewed on Motion of the Petitioner.
Extreme Risk Protective Order (ERPO)
An extreme risk protection order (ERPO) is used to protect a person from harming themselves or others, but not in the same way as a restraining order or another type of protective order.
An ERPO is issued by the court, upon application by a family member, household member, intimate partner, or member of law enforcement. When granted, an ERPO prevents a person from owning or obtaining deadly weapons, like firearms. The court will most often issue this type of order for those who they believe may use a firearm to hurt another person or themselves.
ERPOs remain in place for one year unless dismissed sooner, and can be renewed if the person seeking a renewal files a Motion with the Court.
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Should you seek legal assistance when petitioning for a protective order?
While anyone can apply for a protective order in Oregon using the Judicial Department’s online forms, it’s always advised that petitioners for protective orders get legal counsel through the application and hearing process. Having an attorney behind you can ensure you meet all requirements for various protective orders and help support your petition to the court.
If you’re considering filing for a protective order, you’re not alone. The team at DBMA Family Law Group is ready to help answer your questions, help draft your petition, and be your biggest advocate both in and outside of court. Contact our team today.