Comparison Chart of Protective Orders in Oregon Current as of

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

Family Abuse

Prevention Act

Restraining Order, ORS

§107.700 – 735

Elderly Persons and

Persons with

Disabilities Abuse

Prevention Act

Restraining Order, ORS

§124.005 – 040

Sexual Abuse

Protective Order, ORS

§163.760 – 777

Stalking Protective

Order, ORS §163.730 –

755 (criminal and civil

citation route) & ORS

§30.866 (civil petition

route)

Extreme Risk

Protection Order, ORS

§166.525 – 543

Emergency Protective

Order, ORS §133.035

ELIGIBILITY

Relationship

between

petitioner and

respondent

Respondent must be

petitioner’s “family or

household member,”

which is defined as:

•

Spouse / former

spouse

•

Adults related by

blood, adoption, or

marriage

•

Person who is

cohabitating or

formerly cohabitated

with petitioner

(cohabitate implies

sexual relationship)

•

Former sexual

partner (within last 2

years)

•

Parent of petitioner’s

child

(ORS 107.705(4))

Petitioner and

respondent do not

have to have a

particular relationship.

However, the

respondent cannot be

the person’s guardian

or conservator (ORS

124.010(1)(c),(8)).

Petitioner must be:

•

65 years or older, OR

•

Person with a disability

•

Guardian or guardian

ad litem for an elderly

person or person with a

disability (ORS

124.010(1))

Adult petitioners--

respondent cannot be a

household or family

member as defined by

FAPA statute. (ORS

163.763(a); ORS

163.760(1); ORS

107.705)

Minor petitioners—can

obtain a SAPO against a

family member or

intimate partner in

limited situations (ORS

163.763(1)(a); ORS

107.705).

Petitioner and

respondent do not

have to have a

particular relationship

(See ORS 30.866

generally)

Petitioner must be

either:

• Law enforcement

officer (OSP, Sheriff,

city police, tribal

police; not campus

security), or

• Family or household

member, which is

defined as:

o Spouse

o Intimate partner

o Parent, sibling, or

child of respondent

o Any person living in

the same

household as

respondent.

(ORS 166.525(2); ORS

166.527(1))

Respondent must be

“family or household

member” as defined in

FAPA. (see first column)

(ORS 133.035(1)(a)(B),

ORS 107.705(4))

NOTE: peace officer

applies for order on

behalf of the victim of

abuse. The parties are

the “protected person”

and the respondent.

(ORS 133.035(1))

Does

petitioner

have to be

over 18 to

apply?

Minors may obtain a

FAPA in limited

circumstances. The

respondent must be

over 18 and must be

petitioner’s:

•

Spouse / former spouse

No, but minor

petitioner would

require a guardian ad

litem (ORCP 27B).

A person 12 years or

older may petition

court for a restraining

order. If younger than

12, petitioner must

apply through a parent,

guardian, or guardian

No, but minor

petitioner would

require a guardian ad

litem (ORCP 27B). A

parent or guardian can

also present a

complaint for a stalking

No, but minor

petitioner would

require a guardian ad

litem (ORCP 27B).

N/A, peace officer

responding to a

domestic violence

incident applies. (ORS

133.035(1))

However, the protected

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

•

Person with whom they

have been involved in a

sexually intimate

relationship at any

point in time (no 2-year

limit)

(ORS 107.726)

ad litem (ORS

163.763(2)(a)).

citation to protect a

minor or dependent

person. (ORS

163.744(3)).

person may be a minor

in certain

circumstances

Does the

respondent

have to be

over 18?

Yes (ORS 107.726(2)).

Unclear. Nothing in the

EPPDAPA statute

prohibits the action but

see ORS 419B.100(1)(c)

re exclusive jurisdiction

of Juvenile Court over

minor whose condition

or circumstances

endanger self or

others.

If filed against a minor

respondent, a guardian

ad litem is required

(ORCP 27B).

Yes (ORS

163.763(1)(b)).

No; In addition the

Court may enter an

order against a minor

respondent without a

GAL (ORS 30.866(5)).

Unclear. Nothing in the

ERPO statute prohibits

the action but see ORS

419B.100(1)(c) re

exclusive jurisdiction of

Juvenile Court over

minor whose condition

or circumstances

endanger self or

others.

If filed against a minor

respondent, a guardian

ad litem is required

(ORCP 27B).

The Respondent may

be a minor in certain

circumstances

Types of

abuse that

qualify

petitioner for

the order

•

Attempting to cause or

intentionally,

knowingly, or recklessly

causing bodily injury

•

Intentionally,

knowingly, or recklessly

placing the petitioner

in fear of imminent

bodily injury

•

Causing petitioner to

engage in sexual

relations by force or

•

Physical injury caused

by non-accidental

means or at variance

with given explanation

•

Neglect leading to

physical harm

•

Abandonment by a

person who owes

duties of care to an

elderly person or

person with disability

•

Willful infliction of

Sexual abuse, which

means sexual contact

with:

•

A person who does not

consent to the sexual

contact*

•

A person who is

incapable of consenting

due to incapacity

(ORS 163.760(2))

* Sexual Contact is any

Intentionally,

knowingly, or recklessly

engaging in two or

more unwanted

contacts* that alarmed

or coerced the

petitioner or member

of the petitioner’s

family or household

(ORS 30.866(1)).

* Contacts include

•

Abuse to petitioner is

not required.

Petitioner must show

that respondent

represents a risk in the

near future, including

an imminent risk, of

suicide or of causing

physical injury to

another person.

(ORS 166.527(6)(a))

•

The circumstances for

mandatory arrest exist

(an assault between

family or household

members, OR one

person has placed the

other in fear of

imminent serious

physical injury), OR

•

The person is in

immediate danger of

abuse by a family or

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

threat of force

(ORS 107.705(1))

physical pain or injury

•

Verbal abuse (see

statute for definition)

•

Threats of physical or

emotional harm

•

Sweepstakes abuse

(see statute for

definition)

•

Wrongfully taking or

threatening to take

money or property

•

Nonconsensual sexual

contact

(ORS 124.005(1))

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. (ORS

163.305)

coming into the visual

presence of the other

person, following the

other person, waiting

outside their home,

damaging property,

speaking with the

person, and more (ORS

163.730(3)).

Court must consider

certain mandated

elements:

• History of suicide

attempts or threats

• Acts of violence

against another

person

• History of use,

attempted use, or

threatened use of

physical force against

another person

• Previous conviction

for stalking,

misdemeanors

involving violence, or

offenses involving

domestic violence

• DUII

• Cruelty or abuse of

animals

• Unlawful use of

controlled substances

• Prior use or display of

deadly weapons

• Prior violations of

FAPA orders

• Efforts to acquire

weapon in last 6

months

(ORS 166.527(4))

household member

(ORS 133.055(2))

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

Timing of

abuse

Abuse must have

occurred within last

180 days.

Can exclude periods of

time where respondent

was in jail or lived more

than 100 miles from

the petitioner’s

residence (ORS

107.710(1),(6)).

Abuse must have

occurred within last

180 days. Can exclude

periods of time where

respondent was in jail

or lived more than 100

miles from the

petitioner’s residence

(ORS 124.010(1),(6)).

There is no time limit

for when the abuse

occurred.

Stalking contacts must

have taken place within

last 2 years (ORS

30.866(6)).

Statute implies that the

conduct must be

ongoing or recent since

the risk must be in near

future or imminent.

Statute implies timing

of abuse must have

been recent. Peace

officer must be

responding to a

domestic disturbance

and the person must be

in immediate danger

(ORS 133.035(1)).

Number of

incidents of

abuse

One incident of abuse

(ORS 107.710(1)).

One incident of abuse

(ORS 124.010(1)).

One incident of abuse

(ORS 163.763(2)(B))

2 or more stalking

contacts (ORS

163.73)(7)).

No minimum number

of incidents

One incident of abuse

(ORS 133.055)

Additional

requirements

Petitioner must be in

imminent danger of

further abuse

(required for issuance

of initial order only)

Respondent must be

a credible threat to

the physical safety of

petitioner or

petitioner’s child.

(ORS 107.718(1))

Petitioner must be in

immediate & present

danger of further abuse

(ORS 124.010(1)).

Petitioner must have

reasonable fear for

their physical safety

with respect to the

respondent (ORS

163.763(2)(b)(A)).

Respondent must not

be prohibited from

contacting petitioner

by any other

restraining or no

contact order (ORS

163.763(1)(c)).

Victim’s feeling of

alarm or coercion

must be objectively

reasonable

Repeated and

unwanted contacts

must cause the victim

reasonable

apprehension

regarding their

personal

safety/safety of

immediate family

(ORS 30.866(1))

If stalking contacts are

purely communicative,

contact must contain

an unambiguous,

unequivocal, and

specific threat, and

petitioner must believe

the respondent intends

Issuance of an ERPO is

mandatory if the court

finds by clear and

convincing evidence

that the respondent

presents a risk in the

near future, including

an imminent risk, of

suicide or causing

physical injury to

another.

(ORS 166.527(6)(a))

Emergency protective

order must be

necessary to prevent

further abuse

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

to carry out the threat

(State v. Rangel).

PROCEDURE

How to apply

Forms available at

courthouse or online at

www.courts.

oregon.gov. Petitioner

files paperwork in

circuit court of county

where petitioner or

respondent resides

(ORS 107.728)

Forms available at

courthouse or online at

www.courts.oregon.go

v. Petitioner, guardian,

or guardian ad litem

files paperwork in

circuit court in county

where petitioner or

respondent resides

(ORS 124.012).

Forms available at

courthouse or online at

www.courts.oregon.go

v. Petition for

restraining order must

be filed in circuit court

in the county where

petitioner or

respondent resides

(ORS 163.763(2)(a)).

Two routes:

Civil petition: Person

files petition in circuit

court in county

where respondent

resides or where one

incident of stalking

occurred

(ORS14.080(1)), or

Stalking citation:

Police can issue a

citation upon receipt

of a complaint that

stalking has occurred

(ORS 163.735).

Forms available at

courthouse or online at

www.courts.

oregon.gov.

Petitioner applies to

circuit court in an ex

parte proceeding.

Peace officer applies to

a circuit court in an ex

parte proceeding.

Protected person must

consent to the

application (ORS

133.035(1)).

Filing Fees

No filing, service, or

hearing fees (ORS

107.718(8)).

No filing, service, or

hearing fees (ORS

124.020(7));

No filing, service, or

hearing fees (ORS

163.777(1)).

No filing, service, or

hearing fees (ORS

30.866(9)).

No filing, service, or

hearing fees (ORS

166.527(11)).

No filing, service, or

hearing fees (ORS

133.035).

Ex Parte

Hearing

Ex parte hearing is held

same day or next

judicial day after

petition is filed.

Hearing can be in

person or by telephone

(ORS 107.718(1)).

Ex parte hearing is held

same day or next

judicial day after

petition is filed.

Hearing can be in

person or by telephone

(ORS 124.020).

The required showing

at ex parte does not

have to be made by the

victim, it can also be

Ex parte hearing is held

same day or next

judicial day after

petition is filed. Hearing

can be in person or by

telephone (ORS

163.765(1)).

Civil petition: court

holds ex parte hearing

same day or next day

after petition is filed

(ORS 30.866).

Stalking citation: no ex

parte hearing, police

officer issues citation

requiring respondent

to appear in court in 3

days to show cause

Ex parte hearing is held

same day or next

judicial day after

petition is filed.

Hearing can be in

person or by video.

(ORS 166.527(2);

166.527(5)(b)).

Hearing can be

continued for good

cause (ORS

No hearing

requirement. Peace

officer submits the

proposed order and

supporting declaration

ex parte to the on-call

judge (ORS 133.035(1),

(9)).

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

made by a guardian,

GAL, a witness to

abuse, or Adult

Protective Services

worker who conducted

an investigation (ORS

124.020(3)).

why a protective order

should not be entered

against them (ORS

163.735(1)).

166.527(5)(c)).

If court declines to

enter the order, court

must state with

particularity the

reasons for the denial

on the record (ORS

166.527(12)).

Contested

Hearing

Contested hearing

occurs if respondent

requests a hearing

within 30 days of

service (ORS

107.718(10)(a)), or if

court sets an

exceptional

circumstances (EC)

hearing.

EC hearing is set if

there are concerns

about petitioner’s

request for custody. EC

hearing is also

contested hearing and

respondent’s only

opportunity to object

to restraining order

(ORS 107.716(2)(a),(c)).

If no EC hearing is set

and respondent fails to

contest the order

within 30 days, it is

Contested hearing

occurs if respondent

requests a hearing

within 30 days of

service (ORS

124.020(9)).

Protected person can

also request a hearing

if GAL or guardian

applied for order on

their behalf (ORS

124.010(7)(c),(d)).

Court must provide

petitioner with a copy

of respondent’s hearing

request (ORS

124.020(9)(b)).

Hearing can be held by

telephone (ORS

124(9)(c)).

Contested hearing

occurs if respondent

requests a hearing

within 30 days of

service (ORS

163.765(6)(a)).

Note: The Court may

order that the SAPO be

served by alternative

service per ORCP 7D(6).

If respondent fails to

appear or contest the

order within 30 days,

the order is upheld by

operation of law. (ORS

163.765(7)).

Court must provide

petitioner with a copy

of respondent’s hearing

request (ORS

163.765(6)(b)).

Note: Rape Shield Law

Civil petition: Show

cause hearing is

automatically set by

court when a

temporary stalking

order is granted at ex

parte hearing.

Respondent is required

to personally appear at

the hearing. If

respondent fails to

appear at hearing,

court may issue a

warrant, continue

hearing for 30 days, or

enter a permanent

stalking order (ORS

30.866(3); ORS

163.738; ORS 133.110).

Stalking citation: Show

cause hearing is

automatically set when

a police officer issues a

citation. Respondent

must be given an

Contested hearing

occurs if respondent

requests a hearing

within 30 days of

service (ORS

166.527(9)(a)).

Court must provide

petitioner with a copy

of Respondent’s

request for hearing and

notify both parties of

date and time of

hearing (ORS

166.527(9)(b).

Oregon Evidence code

applies but court may

consider testimony of

parties or any witness

or consider sworn

affidavits of parties or

any witness. Court may

examine the parties

and witnesses. (ORS

No contested hearing

available because of

temporary nature of

order

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

upheld by operation of

law ((ORS 107.718(11)).

To continue a FAPA

after a contested

hearing, court must

find:

1. Petitioner reasonably

fears for their

physical safety, and

2. Respondent

represents a credible

threat to the safety

of petitioner or

petitioner’s children.

Note: The “imminent

danger of further

abuse” finding is no

longer required to

continue a FAPA after

hearing.

Court must provide

petitioner with a copy

of respondent’s hearing

request (ORS

107.718(10)(b)).

Parties may request to

appear by phone. Court

can waive requirement

that motion for

telephone testimony

be filed 30 days before

hearing. Court should

applies to the

contested hearing (ORS

40.210, Rule 412)

Parties may request to

appear by phone. Court

can waive requirement

that motion for

telephone testimony be

filed 30 days before

hearing. Court should

consider expedited

nature of proceeding

and whether good

cause exists. Good

cause includes safety

and welfare of the

parties or witnesses

(ORS 163.770).

opportunity to show

cause why a courts

stalking protective

order should not be

entered (ORS

163.738(2)(a)). If

respondent fails to

appear at hearing,

court shall issue a

warrant (ORS

163.738(4)). Temporary

stalking order can be

issued pending further

proceedings. (ORS

163.738(2(a)(A))

166.530(1)(a);

166.530(2)(a)).

Court may ensure at

the contested hearing

that a reasonable

search has been

conducted for criminal

history records of the

respondent (ORS

166.530(1)(b)).

Court may not include

MH diagnosis in

findings, or draw nexus

between mental illness

and risk. (Court may

apparently draw nexus

between conduct and

risk). (ORS

166.530(3)(d)).

A continued order must

include terms that

weapons surrendered

to law enforcement

remain in LEA custody;

date/time of issuance

of order; date/time of

expiration of order;

local protocol for

surrender of weapons

(ORS 166.530(4)).

Order terminating

order must state

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

consider expedited

nature of proceeding

and whether good

cause exists. (ORS

107.717(3)).

reasons on record with

particularity (ORS

166.530(7)).

Respondent and

Petitioner may each

submit a written

request to terminate

order once during the

12 month effective

period of the order and

once during any 12

month renewal period

of the order (ORS

166.533(1)).

Burden of

proof

Petitioner must prove

claim by a

preponderance of the

evidence (ORS

107.710(2)).

Petitioner must prove

claim by a

preponderance of the

evidence (ORS

124.010(2)).

Petitioner must prove

claim by a

preponderance of the

evidence (ORS

163.763(2)(d)).

Temporary stalking

order and stalking

citation can be issued

upon a finding of

probable cause (ORS

30.866(2); ORS

163.735(1)).

Petitioner must prove

claim by a

preponderance of the

evidence (ORS

30.866(7)).

Petitioner must prove

claim by clear and

convincing evidence

(ORS 16.527(6)(a)).

Probable cause (ORS

133.035(1)).

Timing of

hearing

Hearing must be held

within 21 days of

hearing request, unless

respondent contests

custody, then hearing

must be held within 5

Court must hold a

hearing within 21 days

of the request for a

hearing (ORS

124.015(1)).

Court must hold a

hearing within 21 days

of the request for a

hearing (ORS 163.767).

Civil petition: Statute

doesn’t specify

timeframe in which

show cause hearing

must be set.

Court must hold

hearing within 21 days

of respondent’s

request for hearing

(ORS 166.527(9)(c)).

N/A

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

days of request (ORS

107.716(1)).

If court sets exceptional

circumstance hearing,

it must be held within

14 days.

Respondent can

request earlier hearing

to be held within 5

days. (ORS 107.716(2)).

Stalking citation: Show

cause hearing occurs

within three judicial

days after issuance of

stalking citation (ORS

163.735).

Continuances

Discretionary

continuances: Court

may extend hearing up

to five days if one party

is represented and the

other party wishes to

hire an attorney or

hearing notice is

inadequate to provide

sufficient notice of

hearing, (ORS

107.716(4)(a)).

Mandatory

continuance:

If respondent seeks to

raise an issue not

indicated in hearing

request or petitioner

seeks new relief not

granted in the original

order, other party is

entitled to reasonable

continuance to prepare

Discretionary

continuances: Court

may extend hearing up

to five days if one party

is represented and the

other party wishes to

hire an attorney (ORS

124.015(3)).

Mandatory

continuance:

If respondent or victim

seeks to raise an issue

not raised in hearing

request, other parties

are entitled to a

reasonable

continuance to prepare

a response. (ORS

124.020(9)(c)).

Discretionary

continuances: Court

may extend hearing up

to five days if one party

is represented and the

other party wishes to

hire an attorney or

hearing notice is

inadequate to provide

sufficient notice of

hearing, (ORS

163.767(2)(b)).

Court may continue

show cause hearing for

up to 30 days (ORS

30.866(3)(a), ORS

163.738(2)(a)).

Court may continue the

ex parte hearing, a

contested hearing, a

subsequent

termination hearing, or

a renewal hearing for

“good cause.” Any

order issued stays in

effect during the

continuance (ORS

166.527(5)(c);

166.530(2)(b);

166.533(3)(c)).

N/A

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

a response (ORS

107.718(10(c)).

Length of

restraining

order

Two years, but order

can be renewed upon a

finding that a person in

petitioner’s situation

would reasonably fear

further acts of abuse by

respondent if order is

not renewed. Renewed

orders are also two

years. No need to

prove further acts of

abuse (ORS 107.718(3);

ORS 107.725(1)).

One year, but order can

be renewed upon

“good cause shown.”

No need to prove

further acts of abuse

(ORS 124.035).

Three possible

durations:

(1) Five years, but

order can be renewed

upon a finding that

person in petitioner’s

situation would

reasonably fear for

their physical safety if

not renewed. No need

to prove further acts

of abuse (ORS

163.775(1)(a)).

(2) If petitioner is under

18, the SAPO is

effective until January

of the year following

the year of Petitioner’s

birthday or for 5

years, whichever occurs

later. (ORS

163.765(8)(a)).

(3) Court shall enter a

permanent order if

respondent has been

convicted of a crime

described in ORS

163.355- 163.445

against petitioner. (ORS

163.765(8)(b)). Court

may enter a permanent

Unlimited duration if

judge signs a

permanent order (ORS

163.738(b)).

Dismissal may be

allowed under case law

if grounds for order no

longer exist; court’s

inquiry should focus

primarily on whether

petitioner continues to

suffer “reasonable

apprehension” due to

the past acts of the

respondent. Edwards v.

Biehler, 203 Or.App.

271 (2005).

One year, but order can

be renewed (and

further renewed)

within 90 days of

expiration at a hearing

for which both parties

receive notice and at

which the petitioner

proves that a predicate

risk remains (ORS

166.527(10);

166.535(1);

166.535(4)).

Petitioner for renewal

must be law

enforcement or

family/household

member, but does not

need to be the original

petitioner (ORS

166.535(1)).

Expires 7 days after the

judge signs the order

(ORS 133.035(7)(a)).

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

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SPO

ERPO

EPO

restraining order if it is

objectively reasonable

for petitioner to fear

for their physical safety

and the passage of time

or change in

circumstance would

not dissipate that fear.

(ORS 163.765(8)(c))

Modifications

to protective

orders

Either party may

request to modify

temporary custody,

parenting time, ouster,

and no contact

provisions upon “good

cause shown.” Request

to modify must be

made after 30 day

hearing request period

has passed. The

petitioner can request

ex parte to remove or

make less restrictive

ouster and no contact

provisions. (ORS

107.730(1)(a)(b))

No procedure

addressed in statute,

but legislature seemed

to anticipate

amendments to order

(see ORS 124.020(1))

Either party can

request a modification

upon “good cause

shown.” The petitioner

may request to make

the restraining order

less restrictive through

an ex parte motion.

(ORS 163.775(2))

Not addressed in

statute

Not addressed in

statute

AVAILABLE RELIEF

No contact

provisions

Respondent can be

ordered to stop

contacting petitioner in

person, by telephone,

and by mail. (ORS

107.718(1)(i))

Respondent can be

restraining from

abusing, intimidating,

molesting, interfering

with, or menacing the

victim. (ORS

124.020(1)(c))

Respondent can be

restrained from

contacting petitioner

and petitioner’s

children, family, or

household members

and from intimidating,

Order shall specify the

type of contact

respondent is to refrain

from, including

following the

petitioner, waiting

outside petitioner’s

Not available

Restraint from

contacting the person

protected by order and

restraint from

intimidating, molesting,

or interfering with

protected person. (ORS

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

Respondent can be

restrained from

intimidating, harassing,

interfering, and

menacing petitioner

and petitioner’s

custodial children.(ORS

107.718(1)(e), (f))

Respondent can be

restrained from

entering a reasonable

area around

petitioner’s residence,

workplace, and other

premises petitioner

frequents (ORS

107.718(1)(c),(g)).

Respondent can be

restrained from

entering any premises

if necessary to prevent

further abuse. (ORS

124.020(1)(d))

Respondent can be

restrained from mailing

sweepstakes

promotions and

ordered to remove

petitioner from mailing

list (ORS 124.020(1)(e)).

molesting, or

interfering with them.

(ORS 163.765(a), (b))

Respondent can be

restrained from

entering a reasonable

area around

petitioner’s residence,

workplace, and other

premises if necessary

to prevent further

abuse (ORS

163.765(1)(b)(C)).

home, sending emails,

or damaging the

petitioner’s property.

(ORS 163.738(2)(b),

ORS 163.730)

133.035(4)(a))

Temporary

custody /

parenting

time orders

Court can enter

temporary custody

orders (ORS

107.718(1)(a)).

Court can modify a

prior custody order if

necessary for the safety

of the petitioner or

petitioner’s child (ORS

107.722(2)).

Not available

Monetary

relief

Available if necessary

for safety of petitioner

or petitioner’s children

(ORS 107.718(1)(h)).

If court finds that

respondent financially

abused the protected

person, the court can

order relief as

(not explicit in the

statute, but see ‘other

relief’ provision below)

Petitioner can request

damages, including

punitive damages and

damages for emotional

distress (ORS

Not available

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

necessary to remedy or

stop the financial abuse

(ORS 124.020(2)(a)).

30.866(4)).

Ouster

Respondent can be

required to move from

petitioner’s residence

if:

•

Residence is solely in

petitioner’s name,

•

Residence is jointly

owned/rented by

petitioner and

respondent, or

•

Parties are married to

each other

(ORS 107.718(1)(b)).

Civil standby: Party

moving out is entitled

to have police officer

accompany them one

time, for 20 minutes, to

collect essential

personal items from

residence (ORS

107.718(1)(d),

107.719)).

Respondent can be

required to move from

petitioner’s residence

if:

•

Residence is solely in

petitioner’s name,

•

Residence is jointly

owned/rented by

petitioner and

respondent, or

•

Parties are married to

each other

(ORS 124.020(1)(a);

ORS

124.015(2)(a)).

At contested hearing,

court can order either

party to move from

residence if residence is

jointly held (ORS

124.015(2)(a)).

Party moving out is

entitled to have police

officer accompany

them one time, for 20

minutes, to collect

essential personal

items from residence

(ORS 124.020(1)(b);

124.025(1))

Not available

Not available,

protected person

should seek another,

more permanent

restraining order or

family law remedy if

they want to oust

abuser from the

residence

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

Other relief

Court can order “other

relief” as necessary for

safety and welfare of

petitioner or children in

petitioner’s custody

(ORS 107.718(1)(h).

“Other relief” provision

gives court discretion

to order that

Respondent not

possess weapons (even

at ex parte).

Court can also provide

for the safety of a

service animal or pet

(not animals kept for

economic purposes)

(ORS 107.718(1)(h)(B)).

Court can order law

enforcement to assist

in recovering custody

of child (ORS 107.732).

Court can order “other

relief” as necessary for

safety and welfare of

petitioner (ORS

124.020(1)(f)).

“Other relief” provision

gives court discretion

to order that

Respondent not

possess weapons (even

at ex parte).

Order can include a

variety of relief to

protect from

“sweepstakes

promotions” (ORS

124.020(1)(e)).

Order can include a

provision that

Respondent refrain

from exercising control

over the money or

property of the

petitioner and return

misappropriated

money/property to

petitioner (ORS

124.020(2)(a)).

Court can order “other

relief” as necessary for

safety and welfare of

petitioner or

petitioner’s children,

family, or household

members (ORS

163.765(1)(b)(E)).

“Other relief” provision

gives court discretion

to order that

Respondent not

possess weapons (even

at ex parte).

Court can order

respondent to undergo

mental health

evaluation and

treatment (ORS

30.866(3)(a); ORS

163.738(5)).

Court can initiate civil

commitment

proceedings if

respondent is

dangerous to self or

others (ORS

30.866(3)(a); ORS

163.738(6)).

The only relief available

under ERPO is the ban

on respondent’s

possessing or

purchasing or

attempting to purchase

or possess a deadly

weapon, and the

requirement to

surrender the deadly

weapons (ORS

166.527).

No other relief

available under this

temporary protective

order

OTHER PROVISIONS

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

Attorney fees

and costs

Reasonable attorney

fees and costs available

(ORS 107.716(3)).

Reasonable attorney

fees and costs available

(ORS 124.015(b)).

Not available

Petitioner (only) may

recover attorney fees

(ORS 30.866(4)).

Not available

Violation of

order

Violations of order

•

Petitioner cannot violate the terms of the order that restrain respondent

•

Petitioner can be found in contempt for violating custody or parenting terms in the order

•

Mandatory arrest laws apply if respondent violates the restraining order (ORS 133.310(3)).

•

After respondent is served with restraining order, it is entered into LEDS and NCIC (ORS 107.720(1); ORS 124.022(2))

Consequences

of violation

District attorney brings

a contempt case

against respondent in a

quasi- criminal matter.

(ORS chpt. 33 and UTCR

chpt. 19).

Contempt proceedings

can be brought in

county of issuance or

where violation

occurred (ORS

107.728).

District attorney brings

a contempt case

against respondent in a

quasi- criminal matter.

(ORS chpt. 33 and UTCR

chpt. 19).

Contempt proceedings

can be brought in

county of issuance or

where violation

occurred (ORS

124.012).

District attorney brings

a contempt case

against respondent in a

quasi- criminal matter.

(ORS chpt. 33 and UTCR

chpt. 19).

Contempt proceedings

can be brought in

county of issuance or

where violation

occurred (ORS

163.773).

First violation is a Class

A misdemeanor. If

respondent has a prior

conviction for violating

a protective order,

then it is a Class C

Felony (ORS

163.750(2)).

For violations that are

expressive contacts,

conduct must create

reasonable

apprehension

regarding

petitioner’s personal

safety (ORS

163.750(1)(c)).

Violation of ERPO is a

Class A misdemeanor if

the order was issued

after notice and a

hearing, confirmed by

operation of law when

no hearing was

requested within 30

days, or renewed at

hearing. Conviction for

this misdemeanor

results in additional 5

year ban on possession

of firearms. (ORS

166.543)

District attorney brings

a contempt case

against respondent in a

quasi- criminal matter.

(ORS 133.035(8)(a),

ORS chpt. 33

and UTCR chpt. 19).

Federal gun

prohibition

Federal gun dispossession applies when person is subject to a qualifying protective order:

•

Order was issued after a hearing where respondent had actual notice and opportunity to be heard

•

Parties have an intimate partner relationship

Spouse or former spouse

Other parent of respondent’s child

Person who does or did cohabit (live in a sexually intimate relationship) with respondent

•

Order restrains future abuse

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

•

Credible threat finding or physical force prohibition

(18 USC §921(a)(32); 18 USC §922(g)(8)).

FAPAs will almost

always trigger the

federal gun

prohibitions if the

order is upheld after a

contested hearing

(arguably even when

respondent fails to

show up to the

hearing).

Credible threat finding

is not required in

EPPDAPA. Therefore, a

Judge would have to

make additional

findings (listed in the

“Firearms Findings” in

the “Order After

Hearing”) for federal

gun prohibitions to

apply.

A finding of “credible

threat” is not required

in SAPO. Therefore, a

Judge would have to

make additional

findings that the

respondent

is a “credible threat”

(listed in the “Firearms

Findings” in the “Order

After Hearing”). In

addition, the requisite

relationship will be rare

in a SAPO unless the

petitioner is a minor.

Credible threat finding

is not required in SPOs.

Therefore, a Judge

would have to make

additional findings

(listed in

the “Firearms Findings”

in the “Order After

Hearing”).

See ORS 30.866(10)

and ORS

163.738(b) for

authority to include

firearms findings.

Does not apply because

ERPO does not restrain

from harassing,

stalking, or threatening.

Does not apply because

there is no contested

hearing.

State gun

prohibition

It is unlawful for a

respondent to

knowingly possess a

firearm or ammunition

if subject to a court

order that:

1. was issued or

continued after a

hearing for which

the respondent had

actual notice and

opportunity to be

heard, or

2. was issued,

continued, or

remains in effect

Courts may order “No

Firearms” under the

provision of “other

relief” that the court

considers necessary to

provide for the safety

and welfare of the

petitioner.

For state firearms

prohibitions to apply,

the court would need

to make a credible

threat finding and the

petitioner would need

to be a family or

Courts may order “No

Firearms” under the

provision of “other

relief” that the court

considers necessary to

provide for the safety

and welfare of the

petitioner.

For state firearms

prohibitions to apply,

the court would need

to make a credible

threat finding and the

petitioner would need

to be a family or

If the respondent has

been convicted of

stalking under ORS

163.732, it is unlawful

for the respondent to

knowingly possess a

firearm or ammunition.

(ORS 166.255(1)(c))

If there has been no

stalking conviction,

state firearm

prohibition applies only

if the court makes a

credible threat finding

and if the petitioner is

Does not apply because

ERPO does not restrain

from stalking,

intimidating, molesting,

or menacing.

Does not apply because

there is no contested

hearing.

Comparison Chart of Protective Orders in Oregon

Current as of February 2024

FAPA

EPPDAPA

SAPO

SPO

ERPO

EPO

after the

respondent received

notice of the

opportunity to

request a hearing

and either

requested the

hearing and didn’t

show, withdrew the

request before the

hearing occurred, or

did not request a

hearing.

The court order must

restrain the respondent

from stalking,

intimidating, molesting,

or menacing the

petitioner and includes

a finding that the

respondent represents

a credible threat to the

physical safety of the

petitioner.

(ORS 166.255(1)(a))

household member of

the respondent.

(ORS 166.255(1)(a))

household member of

the respondent.

(ORS 166.255(1)(a))

a family or household

member of the

respondent.

(ORS 166.255(1)(a))

Materials created by Legal Aid Services of Oregon and Oregon Law Center July 2017. Updated by Amy Benedum and Judge Maureen McKnight of the Oregon

Judicial Department, and Oregon Law Center February 2020; rev Sept. 2021 and Feb. 2024. To ensure you have the most updated version, please email

ddority@oregonlawcenter.org