Protective Order Basics
What are the Basic Elements of a Protective Order in Oregon?
At Mark C. Cogan, P.C., our experienced restraining order defense attorneys in Oregon know multiple types of protective orders may be filed against our residents.
Below you will find the basic elements that relate to the different types of restraining orders in Oregon, so you know what you are up against if you become the respondent.
What is a Restraining Order?
A protective order is a civil, not criminal, order from a court that is typically temporary and prohibits a person from carrying out a particular action – particularly having contact with a specific person and/or place.
In Oregon, there are multiple types of protective orders, and each has its own criteria and prohibitions as codified by Oregon law.
These protective orders in Oregon are:
- Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA)
- Family Abuse Prevention Act (FAPA)
- Sexual Abuse Protection Orders (SAPO)
- Stalking Protective Orders (SPO)
- Extreme Risk Protective Orders (ERPO)
Each of these protective orders comes with significant requirements the respondent must follow, which is why it is important to speak with an experienced restraining order attorney in Oregon to learn more about your legal rights to contest one.
What are the Parties in an Oregon Protective Order Case Called?
Unlike criminal cases, protective order cases do not use “plaintiff” and “defendant.” Instead, in a civil protective order case, the person who suffers some alleged harm is called the “petitioner” and the person who is served with a protective order is called the “respondent.”
What is Required for Someone to Initially Obtain A Temporary Protective Order in Oregon?
A person who has allegedly suffered some form of harm can file a “petition” with the court sitting in the county in which the incident(s) occurred. At a preliminary hearing, a court will hear from the petitioner alone about the facts of the alleged harm. If the court believes the facts alleged are sufficient to meet the legal criteria, the court will issue a temporary protective order.
The order is temporary because the respondent will have an opportunity to challenge the protective order. Depending on whether the respondent is successful, the protective order may be dismissed or continued.
What Information is Contained in an Oregon Restraining Order?
The protective order will include basic information about the case at the very top of the document. First, you will notice the court and county in which the case sits – the location is based on where the alleged incident(s) took place.
You will also see a case number, which is uniquely assigned to every case that enters the court system. Finally, you will see two names: the name of the person who filed the protective order (the petitioner) and the person against whom it was filed (the respondent).
The protective order will also include the court’s initial “findings.” These are the petitioner’s allegations that the court found credible, and which satisfied the legal criteria for the temporary protective order to be issued. Simply put, these let the respondent know what is being alleged.
Finally, the protective order will include certain prohibitions and conditions. Typically, these include a prohibition against having any contact with the petitioner directly, or with their residence or place of work as well as a prohibition on using, purchasing, or accessing firearms and ammunition.
What Happens Next in the Oregon Restraining Order Process?
After being served with a protective order, the respondent has two basic options: (1) do nothing and let the protective order go into effect; or (2) request a subsequent hearing to contest the protective order.
Have You Been Served with a Protective Order in Oregon? We Can Help.
If you have been served with a protective order and would like to contest it, contact our skilled restraining order lawyers in Oregon at Mark C. Cogan, P.C. at 503-476-3541 or online to discuss your case today. We can help you contest the protective order starting with a free and confidential first consultation. Please contact our criminal attorneys in Portland, OR for more legal help.
