Oregon Protective Orders Laws

Oregon has five different restraining orders that victims or their guardians can apply for. Knowing which order you need can be confusing. In this guide, we’ll examine each of the orders, explain how they work, and show you how to apply through the Oregon court system.

Oregon Protective Orders Law: Family Abuse Prevention Act Restraining Orders (FAPA), Sexual Abuse Protection Orders (SAPO), and Stalking Protection Orders (SPO)

Of the five protective orders available in Oregon, three operate in a similar manner. While differing in eligible participants and scope of offenses, these restraining orders use the same application process and basic functionality. Let’s examine the details of each order before showing how to get one.

Family Abuse Prevention Act Restraining Orders (FAPA)

An Oregon Family Abuse Prevention Act restraining order (FAPA) protects victims of domestic violence or domestic abuse. Domestic violence crimes require two qualifying factors. The people involved are categorized as family members and household members. These include:

• Spouses and former spouses
• Family related by blood, marriage, or adoption
• Parents of a child
• Persons who are cohabiting or who have cohabited with each other
• Persons who have been involved in a sexually intimate relationship with each other within two years before a filing (intimate partners)

The other requirement is for the crime to fall into one of the categories that Oregon considers domestic violence. These abusive act categories are:

• Causing or attempting to cause bodily injury with intent
• Placing another in fear of imminent bodily injury with intent
• Using force or threat of force to cause a victim to engage in involuntary sexual relations

If a spouse assaults their spouse, it’s domestic violence under Oregon law. If a victim is stalked by someone they don’t know, it’s not domestic violence. It’s still a crime and subject to prosecution, but domestic violence can’t occur between strangers.

Provisions in a FAPA restraining order have a much broader scope than those of stalking or sexual abuse protective orders. Since the victim and the abuser share a close personal relationship, FAPA restraining orders are tailored to the victim’s needs. This means the order can go beyond no-contact and stay-away orders. These can include:

• Granting the petitioner (victim) temporary custody of the children of the parties, with visitation set or revoked by the court
• Ordering the respondent (abuser) to vacate a shared dwelling and not return
• Ordering the respondent not to menace, intimidate, interfere with, or molest the petitioner or any minor children
• Ordering the respondent not to attempt to menace, intimidate, interfere with, or molest the petitioner or any minor children
• Ordering the respondent to stay away from the petitioner’s residence, workplace, school, and any other location named in the order
• Awarding the petitioner temporary custody of minor children
• Ordering the respondent to pay temporary child support

This is not an exhaustive list. The order can use some, all, or none of the provisions listed. The court can add any condition it considers necessary. When child custody is involved, the court can order an exceptional circumstances hearing to expedite a temporary order.

Temporary FAPA restraining orders last 30 to 51 days or until a full court hearing. If a final FAPA order is issued, it lasts up to two years and is renewable.

Sexual Abuse Protection Order (SAPO)

Victims of sexual abuse who aren’t family or household members of their assailant are eligible for an Oregon sexual abuse protection order (SAPO). If sexual abuse occurs between people with a close personal relationship, the victim might need to file for a FAPA restraining order instead. Under Oregon law, sexual abuse is considered sexual contact with:

• Someone who doesn’t consent to the sexual contact
• Someone incapable of consenting due to age, mental incapacity, physical helplessness, or other reasons

Provisions in a SAPO focus on keeping the assailant away from the victim. All SAPOs issued orders to the respondent (assaulter) to have no contact with the petitioner (victim) and not to intimidate, molest, interfere with, or menace them. Petitioners can also request that the no-contact and stay-away provisions be expanded to cover children, family members, and household members.

A temporary SAPO lasts 30 to 51 days or until the court hearing for a final order. If the court issues the final order, it lasts up to five years. The court can make the order permanent if the offense involved rape in the third degree, sexual misconduct, or if the respondent presents an extreme threat.

Stalking Protection Order (SPO)

Victims of stalking in Oregon can apply for a stalking protection order (SPO). This order is available to those who have suffered repeated instances of unwanted contact from their stalker. This behavior can cause the victim to have fear for themselves and others in their household and keep them restrained or dominated.

Stalking covers a broad range of abusive acts under Oregon law. These include, but are not limited to, the following:

• Following the victim
• Waiting for the victim at their home, workplace, school, or other location
• Making unwanted contact through any medium
• Disclosing personal intimate images to others
• Damaging any property of the victim
• Communicating with a third party to affect their relationship with the victim

Most repeated behaviors that cause a victim fear or disrupt their life may qualify as stalking. Stalking protective orders are designed to act as a buffer between the victim and the stalker. An SPO forbids the stalker from having or attempting to have any contact with the victim. It also forbids further stalking.

SPOs can force a stalker to surrender all firearms and submit to a mental health evaluation. Temporary SROs last 30 days or until the full court hearing. A final stalking protective order has no expiration date unless the court specifies one.

Getting a FAPA, SAPO, or SPO

These three protection orders are obtained through an Oregon circuit court. Although the orders differ, the process for obtaining them is similar. The first step is filling out the proper forms. If possible, seek assistance from a domestic violence advocate for this part. Their experience can make it much easier.

These orders use different forms. The forms are available at the circuit court clerk’s office or online:

• Family Abuse Prevention Act (FAPA) Restraining Orders
• Sexual Abuse Protection Orders (SAPO)
• Stalking Protection Orders

The court clerk takes the finished forms to a judge, who may ask you additional questions. If the court agrees there’s an existing threat of further abuse, a temporary protection order is issued. Law enforcement will serve a copy of the order to the abuser. The respondent (abuser) has 30 days to request a hearing, which must take place within 21 days of the request.

At the final hearing, both sides can present evidence, call witnesses, and plead their cases. If the petitioner fears for their safety, the court may allow them to appear remotely. The petitioner must prove the respondent is an ongoing threat to their safety. If they do so, the final protective order is issued and goes into effect.

Oregon Protective Orders Laws: Other Available Orders

There are two other protection orders available in Oregon. They both focus on very narrow circumstances.

Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Orders (EPPDAPA)

An Elderly Persons and Persons with Disabilities Abuse Prevention Act restraining order (EPPDAPA) is designed to help certain vulnerable groups of people gain protection from abuse. This includes the following:

• People 65 years of age or older
• People with a physical or mental impairment that limits major life activities
• People suffering from brain injuries

EPPDAPA orders are intended to keep the abuser away from the victim, but can also enact other conditions as well. These can include:

• The respondent (abuser) cannot have any contact with the petitioner (victim)
• The respondent must stay away from the petitioner and from the petitioner’s home, workplace, school, etc.
• The respondent must vacate a shared dwelling and not return
• The respondent must not send any sweepstakes enticements to the victim after the order is issued
• The respondent must return money or control of money to the victim

An EPPDAPA petition is filed in a circuit court in the county where the victim lives, the abuser lives, or where the abuse occurred. Forms are available online or at the courthouse. A guardian or guardian ad litem can file if the victim is in immediate danger of further abuse.

If the court agrees there’s an immediate danger of further abuse, an Oregon ex parte temporary protection order is issued. Ex parte means that the court doesn’t need to speak with the abuser before issuance. Law enforcement will serve the order to the respondent (abuser), making it enforceable. The respondent has 30 days to request a full court hearing. If requested, the hearing takes place within 21 days.

At the full hearing, both sides can make their arguments, call witnesses, and present evidence. If the petitioner (victim) convinces the court that the respondent is an ongoing threat, a final order is issued. It lasts up to one year and is renewable.

Extreme Risk Protection Orders (ERPO)

Extreme risk protection orders (ERPOs) exist to help people who have access to firearms and are a danger to themselves and others. Law enforcement, family members, and household members of the respondent (individual at risk) can file an ERPO in the circuit court of the county where the respondent lives.

Oregon ERPOs aren’t intended to incarcerate the respondent. Petitioners must write an affidavit or give an oral statement under oath. If the court agrees that the respondent is a threat to themselves and others, a temporary ERPO is issued. The respondent must surrender all firearms and ammunition within 24 hours.

The respondent has 30 days to request a full court hearing. The hearing takes place within 21 days if requested. At the court hearing, the petitioner must prove that the respondent is a threat. If successful, a final ERPO is issued. This restricts the respondent from possessing guns for up to one year. Violation of an ERPO, among other punishments, extends the duration for another five years.

Oregon Protective Orders Laws: Penalties for Violations

A protective order without penalties for transgressions is toothless. Oregon protective orders carry harsh punishments. This is in the hope that the fear of jail time and fines deters an abuser from going after their victim again. Remember that orders issued in Oregon are good anywhere in the U.S. under federal law. Most states enforce orders from other states as well.

Penalties for Oregon protective order violations can vary depending on the type and severity of the offense, the order in place, and the offender’s history. The most common are:

• Contempt of court: Up to six months in jail and a fine of $500 or 1% of the respondent‘s annual gross income, whichever is more
• Class A misdemeanor: Up to 364 days in jail and a fine of up to $6,250
• Class C felony: Up to five years in prison and a fine of up to $125,000

For example, violation of a stalking protection order (SPO) is a Class A misdemeanor. It becomes a Class C felony if the offender has a stalking conviction, has violated an SPO before, or is also under an SPO for a different victim.

Oregon Protective Order Laws: Additional Resources

• Domestic Violence Resources – Oregon Department of Human Services
• National Domestic Violence Hotline (800.799.7233)
• Protective Orders and Restraining Orders Overview
• Find Your Court in Oregon
• What to Do About Domestic Violence (State of Oregon)

Get Help With a Protective Order Today

If you’re a victim of abuse and feel like you’re in imminent danger for your physical safety, call 911. When it’s time to escape your abuser for good, consider speaking with an Oregon domestic violence attorney. Their legal advice and knowledge about the types of protective orders are a great resource.

If you’ve violated an Oregon restraining order, you’re facing both jail time and a hefty fine. An Oregon criminal defense attorney can help defend you against charges of physical injury, sexual violence, or domestic abuse.