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Protective Orders

With the uncertainty caused by COVID-19 and people being forced to spend time in close quarters with one another domestic violence, sexual assault, stalking, harassment, and abuse and exploitation of the elderly may occur more frequently. The courts recognize this and are still accepting filings for Protective Orders (commonly referred to as Restraining Orders) and hearing these cases.


Family Abuse Prevention Act (FAPA) Orders

A FAPA order is a type of restraining order that can protect your physical safety. It can order your abuser to:

  • Stop threatening or abusing you, your family, or your friends;
  • Move out of your home;
  • Stay away from certain places (like your home, job, or school);
  • Surrender their guns;
  • Temporarily change custody and parenting time (if you have children together);
  • And more

To qualify for a FAPA Restraining Order:

  1. You and your abuser must both be 18 years of age and older OR if you are under 18, your alleged abuser must be at least 18 and be either:
    a) your current or former spouse or Registered Domestic Partner; OR
    b) someone with whom you had or have a sexually intimate relationship.
  2. Your abuser must be one of the following:
    • Your current or former spouse or Registered Domestic Partner;
    • Someone you live with (or used to live with) in a sexually intimate relationship;
    • Someone with whom you had a sexually intimate relationship within the past 2 years;
    • Related to you by blood, marriage, or adoption; OR
    • The parent of your child
  3. Within the past 180 days,* your abuser must have:
    • Physically injured you;
    • Tried to physically injure you;
    • Made you afraid they were about to physically injury you; OR
    • Made you have sexual relations against your wishes by using force or threats of force

*Any period of time the alleged abuser was in jail or prison or lived more than 100 miles away from your home does not count as part of the 180-day time period, so you may be able to get a protective order even if the abuse occurred outside of 180 days.

  1. If the judge decides there are issues that affect the custody of and/or parenting time with your children, the judge may decide to set an Exceptional Circumstances hearing.
    • An Exceptional circumstances Hearing must be held within 14 days (but can be held within 5 days at the abuser’s request);
    • After the Exceptional Circumstances hearing, the judge makes decisions about temporary custody and parenting time for the children.

Click here for more information and court forms regarding FAPA Orders here ›

You do not need a lawyer to represent you to get a FAPA Order. If you would like to speak with a lawyer about any of these forms or to help represent you in a FAPA hearing, please contact us to schedule a telephone or video consultation.


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

An EPPDAPA order is a type of restraining order that can protect your physical and financial safety. It can order your alleged abuser to:

  • Stop threatening or abusing you, your family, and your friends;
  • Stay away from certain places (like your home, job, or school);
  • Move out of your home;
  • And more

To qualify for an EPPDAPA Order:

  1. You must be:
    • 65 years of age or older;
    • A “person with disabilities”;
      • This means that:
        • You have a physical or mental impairment that substantially limits one or more major life activities; OR
        • You have experienced a brain injury caused by extrinsic forces that results in the loss of cognitive, psychological, social, behavioral, or physiological function for a sufficient time to affect your ability to perform the activities of daily living
    • OR
    • You are the guardian or guardian ad litem for an elderly or disabled person who meets the eligibility requirements described above;
  2. The abuse was committed within the 180 days* preceding the filing for the Order
    *Any period of time the alleged abuser was in jail or prison or lived more than 100 miles away from your home does not count as part of the 180-day time period, so you may be able to get a protective order even if the abuse occurred outside of 180 days.

    AND
  3. You are the victim of one or more of the kinds of “abuse”:
    • Physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury;
    • Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being;
    • Abandonment, including desertion or willful forsaking of an elderly person or a person with a disability or the withdrawal or neglect of duties and obligations owed an elderly person or a person with a disability by a caregiver or other person;
    • Willful infliction of physical pain or injury;
    • Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with a disability;
    • Causing any sweepstakes promotion to be mailed to an elderly person or a person with a disability who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court’s assistance to prevent the person from incurring further expense;
    • Wrongfully taking or appropriating money or property, or knowingly subjecting an elderly person or person with a disability to alarm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the elderly person or person with a disability to believe that the threat will be carried out; OR
    • Sexual contact that you did not consent to or were incapable of consenting to.

Your petition must include allegations made under oath or affirmation or a declaration under penalty of perjury.

Click here to find more information and court forms regarding FAPA Orders ›

You do not need a lawyer to represent you to get a EPPDAPA Order. If you would like to speak with an attorney about any of these forms or to help represent you in a EPPDAPA hearing, please contact us to schedule a telephone or video consultation.


Sexual Abuse Protection Orders (SAPO)

A SAPO is a type of restraining order that can protect your physical safety. It can order someone who sexually abused or sexually assaulted you to:

  • Stop threatening or harassing you, your family, and your friends;
  • Stay away from certain places (like your home, job, or school);
  • And more

To qualify for a SAPO:

  1. You and the person who sexually abused or assaulted you CANNOT be:
    • Current or ex spouses or domestic partners;
    • An adult with whom you live or lived in a sexual relationship;
    • An adult with whom you have been in a sexual relationship in the last two years;
    • An adult related to you by blood, marriage, or adoption; OR
    • The parent of your child

*If you are under 18 years old, you may qualify for a SAPO as long as the person who sexually abused you meets the above criteria and is 18 years or older.

**If you are under the age of 12, a parent or guardian must file the SAPO for you.

  1. The person who sexually abused or assaulted you must NOT already be prohibited from contacting you by:
    • A protective order from another state, Indian tribe, or territory;
    • A Stalking Protective Order;
    • An Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) Order;
    • A No Contact Order entered in a criminal case;
    • A restraining order entered in a juvenile court dependency case.
    • An adult with whom you live or lived in a sexual relationship;
    • An adult with whom you have been in a sexual relationship in the last two years;
  2. The person who sexually abused or assaulted you:
    • Made you have sexual contact without your consent; OR
    • Made you have sexual contact when you were not capable of consenting.
  3. The sexual abuse or assault happened within the last 180 days.*

*Any period of time the alleged abuser was in jail or prison or lived more than 100 miles away from your home does not count as part of the 180-day time period, so you may be able to get a protective order even if the abuse occurred outside of 180 days.

  1. You are in reasonable fear for your physical safety.

Click here for more information and court forms regarding SAPOs here ›

You do not need a lawyer to represent you to get a SAPO Order. If you would like to speak with a lawyer about any of these forms or to help represent you in a SAPO hearing, please contact us to schedule a telephone or video consultation.


Extreme Risk Protection Orders (ERPO)

An ERPO is a type of restraining order that prevents a person from having, owning, purchasing, possessing, receiving, or attempting to purchase or receive a deadly weapon.

To qualify for an ERPO:

  1. The person you are concerned about is your:
    • Spouse;
    • Intimate partner;
    • Mother;
    • Father’
    • Child;
    • Brother;
    • Sister; OR
    • Roommate (or anyone else living within your household)
  2. You must:
    • Make a written affidavit signed under oath;
    • Make an oral statement taken under oath; OR
    • Produce a witness (or witnesses) who will make an oral statement take under oath
    • That details how the person you are concerned about presents a risk in the near future of suicide or of causing physical injury to another person. The judge will consider any information that is reliable. The judge may specifically consider if the person you are concerned about has:
      • A history of suicide threats or attempts;
      • A 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;
      • Recently used unlawful controlled substances;
      • A history of displaying or brandishing a deadly weapon;
      • Prior violations of a restraining order or talking order;
      • Acquired or attempted to acquire a deadly weapon within the past 180 days
  3. The judge finds by clear and convincing evidence, that the person you are concerned about presents a risk in the near future of suicide or of causing physical injury to another person.

Click here to find more information and court forms regarding ERPOs ›

You do not need a lawyer to represent you to get an ERPO. If you would like to speak with a lawyer about any of these forms or to help represent you in an ERPO hearing, please contact us to schedule a telephone or video consultation.


Stalking Orders

A Stalking Order is a type of restraining order that prevents a person from making unwanted contact with you, members of your immediate family, or members of your household.

To qualify for a Stalking Order:

  1. Your stalker must have contacted you, a member of your immediate family, or a member of your household two separate times or more within the last 2 years.
  2. The contact is:
    • Repeated;
    • Unwanted; AND
    • Either causes fear or is coercive
      Examples of “contact” with you, a member of your family, or a member of your household includes, but is not limited to:

      • Coming into visual presence;
      • Following;
      • Waiting outside the home, property, place of work or school;
      • Sending or making written or electronic communications in any form;
      • Speaking by any means;
      • Communicating through another person;
      • Committing a crime against;
      • Communicating with a third person who has some relationship to the other person with the intent of affecting the third person’s relationship with the other person;
      • Communicating with business entities with the intent of affecting some right or interest of the other person;
      • Damaging a home, property, place of work or school;
      • Delivering directly or through a third person any object to the home, property, place of work or school
  3. It is reasonable for you to feel scared or coerced.
  4. The contacts cause you to reasonably fear for your physical safety, the physical safety of a member of your immediate family, or the physical safety of a member of your household.

Click here for more information and court forms regarding Stalking Orders ›

If you would like to speak with an attorney about any of these forms or to help represent you in a Stalking Order hearing, please contact us to schedule a telephone or video consultation.

Contact Us

if you would like to schedule a telephone or video consultation with one of our attorneys.

Jonathan Trause

jon@tapestryfamilylaw.com


(971) 245-7636  


(503) 710-9057

Location

Tapestry Family Law

810 NW Marshall Street

Suite 300

Portland, OR 97209