Protective Orders

Protective Orders

A protective order is a legal document issued by a court that aims to protect individuals from harm, abuse, or harassment by another person. The order is usually sought by someone who feels threatened or has experienced violence, stalking, or other forms of abuse by a current or former partner, family member, or acquaintance.

In the United States, protective orders are commonly referred to as restraining orders or orders of protection. They are designed to provide a legal remedy for victims of domestic violence, sexual assault, and other forms of abuse. The specific provisions of a protective order vary depending on the jurisdiction, but they typically prohibit the named defendant from making contact with the protected individual and may also require the defendant to stay away from the individual's home, workplace, or school.

There are several types of protective orders that can be sought, including emergency orders, temporary orders, and permanent orders. An emergency order can be obtained quickly and without a hearing, typically in response to an immediate threat of harm. A temporary order is typically in effect for a limited period of time and can be extended until a final hearing can be held. A permanent order remains in effect until it is modified or dismissed by a court.

A Restraining Order can be filed at the Deschutes County Justice Building at 1100 NW Bond Street, Bend. Restraining orders are heard once a day (M-F). The paperwork must be filed before 11:00am and you will see the Judge at 1:15 pm. Please call to verify times at 541-388-5300. The paperwork is available at the information window in the Justice Building. There is no cost to file a Protection Order.

Family Abuse Prevention Act Restraining Order (FAPA Restraining Orders)

FAPA Restraining Orders provide protection from abuse by a family member, household member, former household member, or person with whom the victim has had a sexual relationship or child, (ORS 107.700 to 107.735). The abuse must have been committed within the last 180 days, (ORS 107.718). The petition must particularly describe the nature of the abuse and the dates that it occurred, (ORS 107.710).

Saving Grace may be available to assist with Restraining Order paperwork (541-389-7021).

Elder/Disabled Abuse Prevention Act Restraining Order (EDAPA)

EDAPA Restraining Orders are intended to provide abuse protection for people aged 65+ or people who are vulnerable due to a disability, (ORS 124.005 to 124.040). EDAPA Restraining Orders address physical, verbal, financial, and sexual abuse and also neglect. The abuse must have been committed within the last 180 days, (ORS 124.020).

Stalking Protective Order

Stalking Protective Orders are intended to protect a person who is being stalked. Stalking is usually characterized by a pattern of intentionally, knowingly, or recklessly engaging in repeated and unwanted contact that has the effect of alarming or coercing another person (ORS 163.730 to 163.750).

Assistance for stalking orders can be through law enforcement or through the courts.

Sexual Abuse Protection Order (SAPO)

A SAPO is available in certain cases where a person was subjected to unwanted sexual abuse by another person who is not a family or household member or intimate partner as defined by ORS 107.705.

A SAPO is a court order that tells the person who hurt you to leave you, your children, and your family alone (In Protection Orders you are referred to as the Petitioner and they are referred to as the Respondent).

It can order the Respondent not to enter a reasonable area around your residence. You can ask the Judge to add other conditions that you think will help keep you safe.

To qualify there has to be at least one incident of sexual abuse (Sexual abuse meaning sexual contact as defined by ORS 163.305). Also, the sexual contact was with someone who did not consent to the contact or who is incapable of consenting (ORS 163.315).

Sexual contact means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

If you are a minor (12 to 17) you may ask for an order as long as the Respondent is 18 or older. If you are under the age of 12, a parent or guardian must file the SAPO for you.

Extreme Risk Protection Order (ERPO)

What can an Extreme Risk Protection Order do?

Extreme Risk Protection Orders are intended to prevent a person at risk of hurting themselves or others from having or getting weapons, such as firearms, until the ERPO is either terminated or dismissed. ERPO requests must be filled out, must include an notarized/witnessed affidavit, and must be filed at the county courthouse in the county where the person at risk of hurting themselves or others resides.

Filing of an ERPO does not cost any money. Once the request is filed, you will need to have it served by either law enforcement, a process server, or an adult other than yourself who resides in the State where the person at risk is served.

The person at risk could request a hearing, and such a hearing would be held within 21 days after the Court received the filing. You would be required to attend the hearing, or else the ERPO will not be signed. If an ERPO is granted, the person at risk would be required within 24 hours of the order being signed to turn over all of their deadly weapons, and any concealed handgun licenses they have to either law enforcement, a gun dealer, or another person that can lawfully hold the weapons and/or licenses. ERPO’s, if approved by a judge, last one year unless terminated or dismissed earlier. Before filing for an ERPO, review the Filing for an Extreme Risk Protection Order (ERPO) Packet, also listed below.

Who is it filed against?

A person who poses a significant danger of causing personal injury to self or others in the near future by having firearms. Factors that demonstrate such a risk can include violent behavior, threats of self-harm, dangerous mental health crisis, and abuse of drugs or alcohol. The person who is alleged to be dangerous is called the respondent.

Who can request the order?

A petition can be filed by a law enforcement agency, a law enforcement officer, or a person who is a family or household member of the respondent. The agency or person filing the case is called the petitioner. Family or household members include:

Persons related by blood, marriage, or adoption
Dating partners
Persons who have a child in common
Persons who reside or have resided with the respondent within the past year
Domestic partners
Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren, and grandparents and grandchildren
A person who is acting or has acted as the respondent’s legal guardian

EXTREME RISK PROTECTION ORDER FORMS

Contact
victimsassistance@dcda.us
1164 NW Bond St. 
Bend, OR 97703
(541) 388-6525
(541) 330-4698