Sexual Abuse Protective Order


(SAPO) ORS 163.760 TO 163.777



TO QUALIFY


The respondent subjected the petitioner to sexual abuse. Sexual abuse is defined as sexual contact (touching of an intimate or sexual part of a person or causing another to touch an intimate or sexual body part) with a person who does not consent or does not have the capacity to consent).

The petitioner must have a reasonable fear of future harm.

RELATIONSHIP


For adult petitioners, respondent cannot be an intimate partner, or a household or family member, as defined in FAPA.

Exception for Minors: Minor petitioners may still qualify against an intimate or former intimate partner.

MINORS


Minor petitioners age 12 and older may petition on their own. A parent or guardian must petition on behalf of victims under age 12. The respondent must be age 18 or older.

PROCEDURE


Civil petition. Hearing only if requested by respondent. Note: Rape Shield Law applies (ORS 40.210, Rule 412).

REMEDIES


Temporary custody and order to vacate residence not available.

Emergency monetary relief and attorney’s fees not available.

TIMEFRAME


At least one incident within the last 180 days (excluding any time the respondent was in jail, more than 100 miles away, or subject to another restraining order).

One year order with option to renew.

OTHER ORDERS


No other restraining or protective order may be currently in effect.