Orders of Protection

Civil Orders of Protection: 

* Petitioner – person filing/protected by order   
* Respondent – person order was filed against

General Process - Pick up forms at the Jefferson County Circuit Court at 129 SW E Street in Madras (541-475-3317) or online at the Oregon Judicial Branch. (See Frequently Asked Questions for process information.) Review each order to find the best fit for you. Turn in the forms to the Circuit Court and attend a hearing with a Judge. If the Judge grants the order, take it to the Jefferson County Sheriff’s Office at 675 NW Cherry Lane in Madras (541-475-6520) so it can be served. The order is not in effect until the Respondent has been served with the order.

Family Abuse Prevention Act (FAPA) Restraining Order:

Prohibits the Respondent from contacting, intimidating, or menacing the Petitioner or Petitioner’s children.

Eligibility Requirements:

  1. Petitioner and Respondent are at least 18 years old; or Petitioner is younger than 18 and Respondent is at least 18, and is or has been in a sexual relationship with Petitioner.
  2. The relationship is between “family or household members”: A) Spouse, former spouse or domestic partner; B) Related by blood, marriage or adoption; C) Living or lived with in a sexually intimate relationship; D) Have or involved in a sexually intimate relationship within the last two years; or E) Unmarried parents of a child. 
  3. Abuse by Respondent occurred at least once within the past 180 days (6 months). “Abuse” is threats of physical injury, attempted physically injury, physical injury, and/or unwanted sexual relations by force or threats of force.
  4. Respondent must be a threat to the physical safety of Petitioner or Petitioner’s children.

Civil Stalking Protective Order (SPO):
Prohibits respondent from contacting and stalking the Petitioner or Petitioner’s family or household.

Eligibility Requirements:

The Petitioner or Petitioner’s family or household must have been contacted two separate times within the past two years and the contact by the Respondent was:

  1. Repeated and unwanted contact that is alarming (causes fear) or coercive (forceful); and
  2. It is reasonable for the Petitioner to feel alarmed or coerced by the contact; and
  3. The contacts causes the Petitioner to reasonably fear for their physical safety or the physical safety of a member of the Petitioner’s immediate family or household.

Sexual Abuse Protective Order (SAPO): Prohibits Respondent from contacting, intimidating, molesting interfering with or menacing the Petitioner or Petitioner’s children or household members.

Eligibility Requirements:

  1. Respondent must be 18 years old or older.
  2. Available to minors as well as adult Petitioners. Petitioners age 12 and older can file on their own. Petitioners under the age of 12 must have a parent or guardian file for them so a Guardian ad Litem can be appointed by the court to make court case decisions.
  3. Petitioner and Respondent must NOT be “family or household members” (See FAPA requirements).
  4. Respondent must NOT be subject to another protective order (EPPDAPA, FAPA, SPO, Criminal No Contact Order or Juvenile Dependency Order).
  5. “Sexual Abuse” by Respondent: A) Sexual contact without the Petitioner’s consent; or B) Sexual contact that the Petitioner is considered not capable of consenting to. (Minors, mentally defective or incapacitated, physically helpless, or a lack of verbal or physical resistance does not, by itself, constitute consent.)
  6. Petitioner must reasonably fear for their safety with respect to the Respondent.

Extreme Risk Protection Order (ERPO):
Prohibits Respondent from having or getting deadly weapons. Deadly weapon means any instrument, article, or substance capable of causing death or serious physical injury, or a firearm.

Eligibility Requirements:

Petitioners: Any family member, household member,  intimate partner, or Law Enforcement can apply. Respondent may be at risk of harming themselves or another person because Respondent has:

  1. History of suicide threats or attempts.
  2. History of actual/threats of violence against other people.
  3. 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.
  4. Recent unlawful use of controlled substances.
  5. History of displaying or brandishing a deadly weapon.
  6. Prior violation of a Family Abuse Prevention Act Restraining Order or Stalking Order.
  7. Acquired or attempted to acquire a deadly weapon within the past 180 days (6 months).
  8. Any additional information the court finds to be reliable, including a statement by the Respondent.

Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order (EPPDAPA):
Prohibits the Respondent from abusing, intimidating, molesting, interfering with or menacing an elderly or disabled person, their money or property. 

Eligibility Requirements:

  1. Petitioner must be at least 65 years old or older; OR
  2. Petitioner is a person with a disability: A) Physical or mental impairment that substantially limits one or more major life activities; or B) Has experienced brain injury resulting in the loss of cognitive, psychological, social, behavioral, or physiological function for a sufficient time to affect the activities of daily living.
  3. Petitioner is in immediate and present danger of further abuse from the Respondent.
  4. Abuse occurred at least once within the past 180 days (6 months) unless Respondent is in jail or more than 100 miles away.
  5. Elderly or Disabled person was abused by Respondent using one or more kinds of “Abuse”:
    1. Non-accidental physical injury;
    2. Neglect through withholding of services;
    3. Abandonment, withdrawal or neglect of duties by a caregiver or other person;
    4. Willful infliction of physical pain;
    5. Use of derogatory names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation, inappropriate sexual comments, or threats of significant physical or emotional harm;
    6. Wrongful taking of money or property, or threatening that their money or property would be wrongfully taken, and the person believed that threat would be carried out; and
    7. Sexual contact that the person did not consent to or sexual contact to which the Elderly or Disabled person was incapable of consenting.

For online tutorials for all Orders of Protection visit OregonLawHelp.Org.

A Victim Assistant and Saving Grace can offer non-legal assistance with paperwork and court accompaniment.

For legal assistance with Orders of Protection see Other Resources the legal resources section.

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