What types of sexual abuse protective orders are there? How long do they last?
There are two types of sexual abuse protective orders, described below.
Ex parte order
When you file a petition for a sexual abuse protective order in circuit court, the judge can hold an ex parte hearing in person or by telephone. Ex parte means that the abuser does not have prior notice of the hearing and is not present at the hearing. If the judge finds that it is reasonable for a person in your situation to fear for your physical safety, the judge can issue a restraining order.1
The abuser has 30 days to request a hearing after s/he is served with the ex parte order. If the abuser requests a hearing, the court staff will notify you of the date and time of the hearing and give you a copy of the abuser’s request.2 The hearing will be scheduled within 21 days of the abuser’s request. You may have to explain the incidents of sexual abuse to the judge, and the abuser will also have an opportunity to give the judge his/her testimony and evidence. At that hearing, the judge could change or dismiss the restraining order.3 If the abuser fails to request a hearing at the end of the 30 days, the terms in your ex parte order remain in effect.4 The final order will be in effect for five years, or until the petitioner reaches the age of 19, whichever is longer.5 The judge can make the order permanent with no expiration date, however, if:
- the abuser has been convicted of sexual misconduct or rape in the third degree at the time of the petition; or
- the judge finds that a reasonable person would be concerned for his/her safety given the situation, and the passage of time would not change that fear. When making this decision, the judge can consider:
- whether the abuser has a history of domestic violence and/or sexual abuse;
- if the petitioner is a minor who is related to the abuser by blood or marriage; or
- any vulnerability of the petitioner that is not likely to improve over time.6
1 ORS § 163.765(1)
2 ORS § 163.765(6)(a), (6)(b)
3 ORS § 163.767(1)
4 ORS § 163.765(7)
5 ORS § 163.765(8)(a)
6 ORS § 163.765(8)(b), (8)(c)