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EspañolHow do I get an extreme risk protection order?
The steps to get an extreme risk protective order are similar to the steps to get a domestic violence restraining order but you will fill out different forms.
Your petition for an extreme risk protection order must include:
- your signed, written sworn statement (affidavit);
- your oral statement given under oath; or
- any witness’s oral statement given under oath.1
1 O.R.S. § 166.527(3)
How will a judge make a decision about whether or not to grant the order?
The judge must decide if the respondent is at risk of committing suicide or harming another person in the near future.1 To make that decision, the judge will consider any information that is reliable. Some things the judge may consider are the respondent’s:
- own statements that s/he made to others;
- history of suicide threats or attempts;
- history of actual or threatened violence or physical force against other people;
- previous convictions for assault, strangulation, menacing, reckless endangerment, stalking, intimidation, domestic violence offenses, driving under the influence, or any incident that involves abuse or cruelty to animals;
- recent illegal use of drugs (controlled substances);
- history of recklessly using, displaying, or waving (brandishing) a deadly weapon;
- previous violation of a restraining order or stalking order; and
- possession or attempted possession of a deadly weapon within the past 180 days.2
1 O.R.S. § 166.527(6)(a)
2 O.R.S. § 166.527(4)
Can I renew an extreme risk protection order?
If you are a law enforcement officer or the respondent’s family or household member, you can request that the judge renew the extreme risk protection order. You do not have to be the person who requested the original extreme risk protection order. You must file your request within the 90 days before the original order expires.1 The judge will hold a hearing based on your request. If the judge finds that the respondent continues to present a risk in the near future of suicide or of causing physical injury to another person, the judge may renew the order.2
1 O.R.S. § 166.535(1)
2 O.R.S. § 166.535(4)
What happens if the respondent violates the order?
If the respondent violates an extreme risk protection order, you can call the police and s/he may be charged with a crime.1 The judge may also be able to hold the respondent in civil contempt for violations of an Extreme Risk Protection Order.2
Violating a final extreme risk protection order by possessing a deadly weapon is a Class A misdemeanor. The punishment for a Class A misdemeanor is:
- a $6,250 fine;
- one year in jail; or
- both.3
In addition to facing criminal penalties for committing a Class A misdemeanor, there are restrictions that become effective against the respondent after the conviction. The respondent cannot do any of the following with firearms for a five-year period:
- have them in his/her custody or control;
- own them;
- purchase them;
- possess them;
- receive them; or
- attempt to purchase or receive them.4
Note: The five-year period for the above-mentioned restrictions on the respondent starts on either:
- the date when the extreme risk protection order expires or is terminated; or
- the date that the conviction is entered.5
The restrictions will start on the latest of either of the above dates.5
1 See O.R.S. §§ 166.527(8)(d), 1.010; Oregon Extreme Risk Protection Order Instruction Packet
2 Oregon Courts website
3 O.R.S. §§ 161.635(a), 161.615(a)
4 O.R.S. § 166.543(1), (2)
5 O.R.S. § 166.543(2)
