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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)
