What are my options for protective orders in Oregon?

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What are my options for protective orders in Oregon?

A woman sits at a desk at her computer. Her hand is on her forehead and she looks overwhelmed.

Protective orders keep survivors of abuse safe by restricting the perpetrator’s actions. In Oregon, there are different types of protective orders that offer protection for different types of abuse. This guide will help you understand their purpose and requirements.

Family Abuse Prevention Act Restraining Order

Family Abuse Restraining Orders (FAPAs) protect survivors of abuse from a family member or sexual partner. A FAPA order typically lasts for two years but can be renewed.

If granted, a FAPA order can require the unsafe person to:

Not contact you
Stay away from your home, work, and other important places
Move out of a shared home
Have restricted access to guns
Grant temporary custody and parenting time, or return of a pet
Award financial support

To qualify for a FAPA:

Parties must be at least 18 unless they are married, domestic partners, or in a sexual relationship
Abuse must have occurred within the last 180 days
Abuse means actual or attempted injury, sexual assault, or intentionally, or recklessly placing someone in fear of immediate injury or sexual assault. It can also mean that someone forced you to have sexual relations by using force or threats of force
You must be in ongoing danger of abuse very soon (“imminent danger”)

Stalking Protection Order

A Stalking Protective Order (SPO) protects people from being followed or excessively contacted in a scary and unsafe way. Stalking can include entering your home without permission, following you in your car, showing up unexpectedly at your work, or digitally tracking your location.

A SPO can stop the person from contacting you or going near places you go, like your home or job. It can also sometimes require mental health treatment or limit gun access. However, it cannot give you temporary custody. A temporary SPO lasts until your court hearing. If granted, a final SPO is permanent.

To qualify for a SPO, all of these must be true:

You, or a member of your family or household, were contacted at least twice within the last two years
The person knows, or should know, that the contact is unwanted
The contact makes you reasonably afraid for your safety, or for the safety of your family
The contact creates a reasonable fear for your safety or for the safety of your family

Elderly Persons and Persons with Disabilities Restraining Order

An Elderly Persons and Persons with Disabilities Restraining Order (EPPDAPA) protects older adults and people with disabilities from physical, sexual, verbal, or financial abuse. An EPPDAPA lasts for one year. You can learn more about the filing process here.

An EPPDAPA can:

Stop the person from contacting you
Stop them from going near your home and important locations
Require them to move out of a shared home
Require them to return or repay money or belongings
Require them to stop controlling your finances or property
In some cases, it can also limit their access to guns or add other specific protections based on your situation.

To qualify for an EPPDAPA:

You must be over 65 or have a disability. A disability is a documented physical or mental condition that impacts daily activities like moving, caring for yourself, thinking, or working.
An unsafe person has abused you physically, sexually, verbally, or financially, or neglected you, leading to physical harm.
The harm from the unsafe person is likely to continue.

Sexual Abuse Protection Order

A Sexual Abuse Protection Order (SAPO) helps protect people who have experienced sexual assault but don’t qualify for another type of protective order.

A SAPO can stop the unsafe person from contacting, threatening or intimidating you. It can also keep them away from your home, work, and other important locations. The order can also include specific terms based on your personal situation. A SAPO is valid for up to 5 years.

To qualify for a SAPO:

You experienced unwanted sexual contact from someone over 18 who is not a close family member
You believe they may harm you again
You don’t already have another protective or restraining order against them

Additional types of protective orders

Extreme Risk Protection Order: prevents somebody from hurting themselves or others by temporarily removing access to firearms. Learn more here.
Emergency Protective Orders: a temporary order filed for a victim of domestic violence by a police officer who decides an emergency order is necessary to stop further abuse.

How do I file a protective order?

Once you decide that a protective order fits your situation, you can find forms and instructions here. Fill out the form with a clear explanation about why you qualify and then file it at your local county courthouse. Most courthouses are open Monday through Friday from 8am – 12pm and 1pm – 5pm. While courthouse staff can’t give you legal advice, some counties, including Multnomah and Clackamas, can help you locate forms and check that they are correctly filled out.

The process may look slightly different for each type of protective order, but generally, after you file, a judge will review your request. You might have a short meeting with the judge. If the judge approves, the other person will be notified about the order. If they disagree, they can ask for a hearing where a judge will review both parties’ evidence. Until the hearing, there may be a temporary protective order. At the hearing, the judge will make a final decision.

A protective order can impact an ongoing criminal case. If you are also pursuing criminal charges, it is a good idea to check in with your case contact before applying.

What if I need help filing, or other support?

If you are experiencing threats or abuse, and are in danger, call 911 or contact Call to Safety for 24/7 crisis support at 1888-235-5333

The Commons can help survivors of domestic violence with protective orders and other family law issues through coaching. At The Commons, a legal coach, who is a licensed Oregon attorney, provides advice, support, and education so that you have the tools you need to effectively represent yourself. Legal coaching allows self-represented parties to know their rights and feel confident, prepared, and informed through flat-fee appointments for a much lower cost than full representation.

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