Who can file for an extreme risk protection order?
You can file for an extreme risk protection order if you are:
- a law enforcement officer; or
- the respondent’s:
- family member;
- household member; or
- intimate partner.1
1 O.R.S. § 166.527(1)
What types of orders are there? How long do they last?
There are two types of extreme risk protection orders: ex parte extreme risk protection orders and final extreme risk protection orders.
Ex parte extreme risk protection orders: An ex parte extreme risk protection order can be issued on the day that the petition is filed. “Ex parte” means that the respondent does not have notice of the case beforehand and is not present for the hearing.1
Final extreme risk protection orders: The judge can issue a final extreme risk protection order only after the respondent is served with notice of the case, a copy of the ex parte order, and has an opportunity to request and participate in a hearing. When the respondent is served with the ex parte order, s/he must request a hearing within 30 days if s/he does not want the order in place. If the respondent requests a hearing, the hearing must take place within 21 days of the request. If the respondent does not request a hearing, the ex parte order becomes effective for a period of one year from the date the order was issued.2
1 O.R.S. § 166.527(6)
2 O.R.S. § 166.527(9), (10)
What protections can I get in an extreme risk protection order?
In an extreme risk protection order, the judge can:
1. order that the respondent cannot do any of the following things with “deadly weapons”:
- have them in his/her custody or control;
- own them;
- purchase them;
- possess them;
- receive them; or
- attempt to purchase or receive them;
2. require the respondent to give up any concealed handgun licenses to a law enforcement agency; and
3. order that the respondent immediately surrender all “deadly weapons” within 24 hours of being served with the order. The respondent can give the deadly weapons to:
- a law enforcement agency;
- a gun dealer; or
- a third party who can legally have the weapons.1
“Deadly weapons” include:
- any items or substances that are meant to cause, and are capable of causing, death or serious physical injury; and
- firearms, even if unloaded.2
1 O.R.S. §§ 166.527(1), 166.537(1)
2 O.R.S. § 166.525(1)