Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, the Oregon Dept. of Human Services, or your local police department.

Protective orders, otherwise known as orders of protection or restraining orders, are a way for individuals who have been a victim of physical or threatened abuse to obtain protection from domestic violence without having to file for a divorce or legal separation (although they can do so if they wish). For persons at least 65 years old or people with disabilities, the law provides additional protections.

Types of Protective Orders

Family Abuse Prevention Act (FAPA) Restraining Orders

A Family Abuse Prevention Act (FAPA) restraining order requires an abusive partner or family member to stay away from you and your children, stop contacting you and move out of your home. A FAPA restraining order can also address temporary custody and parenting time for your children. 

Eligibility 

You must be 18 years of age or older, OR 

Your abuser must be 18 or older, and you must be either married to (or previously married to), or involved in (or previously involved in) a sexual relationship with that person.

Requirements

The person who abused you must be either:

• Your spouse or former spouse,
• An adult with whom you live & have a sexual relationship,
• An adult with whom you had a sexual relationship in the last 2 years,
• An adult related to you by blood, marriage, or adoption, or
• The other parent of your child

Additionally, In the last 180 days, the person who abused you must have:

• Physically injured you or attempted to physically injure you,
• Placed you in fear of imminent bodily injury OR
• Made you have sexual relations against your wishes by using force or threats of force
• You are in immediate danger of further abuse, and the person who abused you is a threat to the physical safety of you or your children.

Stalking Protection Orders

Under Oregon law, stalking is when a person makes repeated and unwanted contact with you that alarms (causes you or a member of your immediate family or household fear or anxiety due to the perception of danger) or coerces (restrains, compels, or dominates you or a member of your immediate family or household due to force or threats.) 

Eligibility

You can be eligible for a stalking protective order at any age. If you are under 18, a parent or guardian can also file on your behalf. 

Requirements

• You or an immediate family member or household member must have been contacted at least two separate times by the respondent within the last two years. These contacts must have been unwanted.
• The stalking contacts must cause you to feel alarmed (fearful of danger) or coerced (forced).
• The feeling of alarm or coercion must be objectively reasonable. This means that the average person would also feel alarmed or coerced by the contacts.
• The contacts must cause you reasonable apprehension (worry) for your personal safety or the safety of an immediate family or household member.
• If the respondent is stalking you by texting, calling, emailing, or messaging you, then you must show that these contacts: (1) make you fear for your personal safety, (2) contain direct threats to harm you, and (3) that it is likely the respondent intends to carry out these threats.

Sexual Abuse Protection Orders (SAPO)

A sexual abuse protective order (“SAPO”) is a civil court order that can protect you if you are the victim of sexual abuse (including sexual assault, rape, sodomy) and you fear for your safety. This is available in cases where a person was subjected to unwanted sexual abuse by another person who is not a family member or intimate partner.

Eligibility

You can be eligible for a sexual abuse protective order at any age. If you are under 18, a parent or guardian can also file on your behalf. 

Requirements

• If you are 18 years of age or older, you and the respondent cannot be “family or household members” If you and the Respondent are “family or household members” you may be eligible for a Family Abuse Prevention Act (FAPA) Restraining Order.
• If you are less than 18 years old, you may qualify for a SAPO against a relative or former sexual partner under some circumstances.
• Within the last 180 days, the respondent must have sexually abused you (sexual contact that (1) you did not consent to, or (2) which you were not able to consent to due to age or mental incapacity.) 
• You must have a “reasonable” fear for your physical safety

For more information about applying for, modifying, or renewing a SAPO, you can call your local Victims’ Assistance Program (VAP) or community-based (non-profit) sexual assault or domestic violence program to get help in deciding whether to ask the court for a SAPO and to do safety planning. Advocates can discuss information that may be important for you to consider in deciding whether to seek a SAPO.

For information regarding sexual violence resources, you can visit the following:

• Statewide listing of Sexual Violence Resources and Programs
• Statewide listing of Victims’ Assistance Programs
• Statewide listing of Nonprofit Advocacy Programs

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

EPPDAPA restraining orders are used to protect elderly and disabled Oregonians from a variety of abuses including physical, verbal, and financial abuse. You (or your guardian) may apply for an EPPDAPA restraining order against anyone who has committed abuse against you in the last 180 days.

Eligibility 

To be eligible for an EPPDAPA, you must be 65 years or older, a person with a physical disability, or the guardian or guardian ad litem of an elderly person or person with a disability. 

Requirements

In the last 180 days, the person who abused you must have done one of the following:

• Caused you physical injury or inflicted pain
• Neglected you, resulting in physical harm
• Abandoned, neglected, or deserted you (if that person was your caregiver and had a duty to care for you)
• Threatened you, called you offensive or derogatory names, cursed at you, made inappropriate sexual comments toward you, or otherwise verbally abused you, in such a way as to threaten physical or emotional harm;
• Forced you to engage in non-consensual sexual contact; or
• Wrongfully took money or property from you.

Extreme Risk Protection Order (ERPO)

An Extreme Risk Protection Order (ERPO) is a court order that prevents a person who is at risk of hurting another person or of committing suicide from having or getting deadly

weapons, including firearms. 

Eligibility 

Any family member, household member, or intimate partner can apply for an ERPO. Law enforcement officers can also apply. 

Requirements

In order to obtain an ERPO, the petitioner must file a sworn affidavit alleging that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person. In determining whether the respondent poses this risk, the court must consider the following evidence:

• History of suicide threats or attempts
• History of actual or threatened violence against other people
• Prior convictions for assault, strangulation, menacing, reckless endangerment,
• Stalking, intimidation, domestic violence offenses, driving under the influence, or any
• Offense involving abuse or cruelty to animals
• Recent unlawful use of controlled substances
• History of displaying or brandishing a deadly weapon
• Prior violation of a restraining order or stalking order
• Whether Respondent acquired or attempted to acquire a deadly weapon within the past 180 days

Note: It is a misdemeanor to file for an ERPO with the intent to harass the respondent or knowing that the information in the petition is false.