Restraining Orders

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)