The Oregon Protective Order Guide: How To Get One
Protective orders in Oregon are legal tools designed to safeguard individuals from various forms of abuse, harassment, or threats. These orders are issued by the court to provide immediate and long-term protection. Understanding the different types of Oregon protective orders, the process to obtain or modify them, and the consequences of violating them is crucial for anyone seeking safety or involved in such proceedings.
Types of Protective Orders in Oregon
1. Emergency Protective Orders (EPOs)
An Emergency Protective Order is a short-term order issued by a judge to provide individuals immediate protection. It’s typically requested by law enforcement when there is an urgent need to prevent harm. An EPO remains in effect from the date the court signs the order.
2. Extreme Risk Protection Orders (ERPOs)
An ERPO is designed to prevent individuals at risk of harming themselves or others from accessing firearms. This order can be requested by family members, law enforcement, or others who have good reason to believe the individual poses a danger. It requires the person to surrender their firearms and prohibits them from purchasing new ones for the duration of the order.
3. Temporary Protective Orders
These are short-term orders issued by the court to provide immediate protection until a full hearing can be held. They are typically issued without notice to the alleged abuser and are meant to address urgent situations.
4. Sexual Abuse Protection Orders (SAPOs)
A SAPO is available to individuals who have been subjected to unwanted sexual abuse by someone who is not a family member or intimate partner. This order aims to prevent further abuse and can include provisions such as no-contact orders and stay-away orders.
5. Stalking Protective Orders
These orders protect individuals who are being stalked, characterized by a pattern of repeated and unwanted contact that causes alarm or coercion. The order can include provisions to prevent the stalker from contacting or coming near the victim.
6. Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) Orders
These orders are intended to protect individuals aged 65 or older or those with disabilities from abuse. The abuse can be physical, verbal, financial, or sexual. The order can include provisions to stop the abuser from contacting or coming near the victim.
7. Family Abuse Prevention Act (FAPA) Restraining Orders
FAPA orders are designed to protect individuals from abuse by family or household members, or someone with whom they have had a sexual relationship. The abuse must have occurred within the last 180 days unless the abuser has been incarcerated or has lived more than 100 miles from the petitioner.
How to Obtain a Protective Order in Oregon
Determine the Appropriate Order: Identify which type of protective order suits your situation.
Fill Out the Necessary Forms: Obtain and complete the required forms. These can be found on the Oregon Judicial Department’s website or at your local courthouse.
File the Forms with the Court: Submit your completed forms to the circuit court in the county where the respondent lives or where the abuse occurred.
Attend a Hearing: A judge will review your application and may issue a temporary order. A full hearing will be scheduled to determine if a long-term order is necessary.
How to Extend or Modify a Protective Order in Oregon
Extension: To extend a protective order, you must file a renewal application before the current order expires. The judge will review your request and may extend the order if there is a continued need for protection.
Modification: If circumstances change, you can request to modify the terms of the protective order. This can be done by filing a motion with the court, explaining the reasons for the requested changes. The court will review the motion and may schedule a hearing.
How to Remove a Protective Order in Oregon
If you no longer wish to have a protective order in place, you can request its dismissal by filing a Motion to Dismiss Restraining Order with the court. This motion must be notarized. The court will review your request and may schedule a hearing to determine whether the order should be removed.
Consequences of Violating a Protective Order in Oregon
Violating a protective order in Oregon is a serious offense and can result in criminal charges. Consequences may include:
Arrest: Law enforcement may arrest the individual who violates the order.
Criminal Charges: Violating a protective order can lead to misdemeanor or felony charges, depending on the nature of the violation.
Contempt of Court: The court may hold the violator in contempt, leading to fines or imprisonment.
Increased Penalties: Repeated violations can result in more severe penalties, including longer sentences.
The Oregon Protective Order Guide Conclusion
If you are facing abuse, harassment, or threats and believe you may need a protective order in Oregon, consulting with us at Powell Law can make all the difference in your safety and peace of mind. The legal process can be confusing and emotionally overwhelming, but our experienced attorneys at Powell Law specialize in protective orders and family law. We understand the urgency of your situation and are committed to guiding you through every step, from filing the right paperwork to representing you in court. With our compassionate and knowledgeable support, you can take decisive action to protect yourself and your loved ones, knowing your case is in capable hands.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
