Emergency Protective Orders For Domestic Violence

An Emergency Protective Order is a relatively new type of restraining order in Oregon that can be applied for by law enforcement upon probable cause to believe that domestic violence has taken place, and that a person is in immediate danger of abuse by a family or household member, and an emergency protective order is necessary to prevent the person from suffering the occurrence or recurrence of abuse.

“How is an Emergency Protective Order different than a Restraining Order?”

A restraining order is something that a domestic violence victim applies for on their own (or with the aid of an attorney or victim’s advocate. An Emergency Protective Order is something that can be applied for by law enforcement or a peace officer.

The Emergency Protective Order bill (HB 2776) was introduced in the Oregon Legislature in January 2015, public hearings were held in March and April of 2015, and a vote was held in May of 2015. The Governor signed the bill in June of 2015, and it became effective as Oregon law on January 1st, 2016. A more detailed history of the bill can be found at OregonLive.com. The law was codified as ORS 133.035 and the full text of the law is as follows:

(1) A peace officer may inform a person in danger of abuse of the officer’s ability to apply for an ex parte emergency protective order and, with the person’s consent or permission, may apply to a circuit court for the order when the peace officer has probable cause to believe:

(a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (2)(a) exist; or (B) The person is in immediate danger of abuse by a family or household member; and

(b) An emergency protective order is necessary to prevent the person from suffering the occurrence or recurrence of abuse.

(2)(a) An application for an emergency protective order described in subsection (1) of this section shall consist of the proposed emergency protective order and the peace officer’s declaration under penalty of perjury setting forth the facts and circumstances underlying entry of the order. (b) The proposed emergency protective order and the declaration may be sent to the court by electronic transmission that delivers a complete printable image of the order and signed declaration.

(3) Upon examination of the application, a circuit court may enter an emergency pro- tective order if the court finds there is probable cause that:

(a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (2)(a) exist; or (B) A person is in immediate danger of abuse by a family or household member; and

(b) An emergency protective order is necessary to prevent a person from suffering the occurrence or recurrence of abuse.

(4) An emergency protective order entered under subsection (3) of this section shall:

(a) Restrain the respondent from contacting the person protected by the order and from intimidating, molesting, interfering with or menacing the person, or attempting to intim- idate, molest, interfere with or menace the protected person;

(b) Include the findings of probable cause authorizing issuance of the order;

(d) State a security amount for a violation of the order.

How To Challenge An Emergency Protective Order In Oregon

If you’ve been the target of a false allegation of domestic violence. Unfortunately tools such as restraining orders, stalking orders, and emergency protective orders are tactically abused in divorce, child custody, and other domestic relations disputes.

We offer initial consultations at a reasonable cost, by video, phone, or in-person, and they are always private, confidential, and informative.