Guides & Resources: Protective Orders

  • Protective Order Basics: What Is It?

    There are multiple types of protective orders in Oregon (also called “restraining orders”). This guide provides essential information common to all types of protective orders.

    What is a protective order?

    A protective order is a civil, not criminal, court order—usually temporary—that prohibits a person from specific actions, most commonly contacting a particular person or entering a designated location.

    At Scissors Law, we assist with all types of Oregon protective orders, including:

    • Family Abuse Prevention Act (FAPA) restraining orders

    • Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) orders

    • Sexual Abuse Protection Orders (SAPO)

    • Stalking Protective Orders (SPO)

    • Extreme Risk Protection Orders (ERPO)

    What are the parties in a protective order case called?

    Instead of “plaintiff” and “defendant,” civil protective order cases use:

    • Petitioner — the person alleging harm

    • Respondent — the person served with the protective order

    How does someone obtain a temporary protective order?

    The petitioner files a petition in the county court where the incident occurred. At a preliminary hearing (often held ex parte), only the petitioner presents evidence. If the court finds the allegations credible, it issues a temporary protective order—which remains temporary until the respondent contests it at a full hearing.

    (Learn more about Oregon’s protective order process via the Oregon Judicial Department).

    What information does a protective order contain?

    A typical order includes:

    • Court & county where the order is filed

    • Case number

    • Names of the petitioner and respondent

    • Findings—facts the court deemed credible

    • Prohibitions and conditions, such as:

      • No contact with the petitioner, their home, workplace, or surrounding areas

      • A prohibition on possessing or purchasing firearms and ammunition

    What comes next after service?

    Once served, respondents have two options:

    1. Do nothing, allowing the temporary order to become final

    2. Request a hearing to contest the order

    For a complete breakdown, see our in-depth guide: [Respondents’ Guide: What to Do When Served with a Protective Order in Oregon](https://www.scissorslaw.com/areas-of-practice) (coming soon).

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