The following information provides the statutory requirements for Recognition and Enforcement of Oregon Restraining Orders/ No Contact Orders as well as Non-Oregon/ “Foreign” Restraining Orders under State and Federal law. Information below also explains the use of the Hope Card, if available.
WHAT IS THE HOPE CARD?
The Hope Card Program was established by Oregon Legislature in 2021 to create a convenient way for recipients to provide information about civil protection orders to law enforcement, employers, landlords, schools, etc.
The Hope Card includes basic information from a protection order that has already been issued by a Court. Hope Cards are issued for Oregon Protection Orders (FAPA, EPPDAPA, SAPO, and Stalking Orders) as well as Foreign Restraining Orders (out-of-state and Tribal Restraining Orders). Hope Cards cannot be issued for criminal no-contact orders.
The existence of a Hope Card does not substitute for other methods of verification of a valid and enforceable restraining order but provides you with quick reference information (similar to how an ID card might work).
Similarly, a Hope Card is not required to enforce an Oregon-Court-Issued Restraining Order or a Foreign Restraining Order. See more information below on mandatory arrest requirements as related to both types of orders.
ENFORCEMENT OF OREGON-ISSUED RESTRAINING/ PROTECTION OR NO-CONTACT ORDERS
MANDATORY ARREST ON VIOLATION OF OREGON-ISSUED RESTRAINING ORDERS
A peace officer shall arrest and take into custody where there is probable cause (PC) to believe that 1) there exists an order restraining the person, 2) a true copy of the order and proof of service on the person has been filed, and 3) the person to be arrested has violated the terms of that order. ORS 133.310(3).
*This includes Family Abuse Prevention Act Orders (FAPA); Sexual abuse Protection Orders (SAPO); Elderly Persons and Persons with Disabilities Abuse Prevention Act Orders (EPPDAPA); Stalking Protection Orders, Extreme Risk Protection Order (ERPO) and Emergency Orders.
MANDATORY ARREST ON VIOLATION OF RELEASE AGREEMENT NO CONTACT ORDER
A peace officer shall arrest and take into custody a person without a warrant if the peace officer has PC to believe the person has been charged with an offense and is presently released as to that charge under ORS 135.230-135.290 (has been charged with and released on an offense “constituting domestic violence.” ORS 133.310(6).
LIABILITY OF PEACE OFFICER – MANDATORY ARREST ON PROTECTION ORDERS/ NO CONTACT ORDERS
No peace officer shall be held criminally or civilly liable for making an arrest provided that the officer acts in good faith and without malice. ORS 133.315(1) This protection is for acting, not failure to act.
ENFORCEMENT OF NON-OREGON-ISSUED ORDERS/ “FOREIGN” RESTRAINING ORDERS (INCLUDING TRIBAL ORDERS)
WHAT IS A “FOREIGN” RESTRAINING ORDER?
A restraining order issued by the court of any other US State, Territory, or of the Tribal Court of a federally recognized Indian Tribe is a “foreign restraining order.”
**A foreign restraining order is immediately valid and enforceable upon the petitioner’s arrival in the State. ORS 24.105.
**No registration or filing of a foreign restraining order is necessary for it to be valid in Oregon. (This means it may not exist in LEDS/NCIC or any Oregon Court database system). 18 USC § 2265.
FULL FAITH AND CREDIT RECOGNITION OF “FOREIGN RESTRAINING ORDERS” IN OREGON
Federal law mandates that all qualifying foreign restraining orders be given full faith and credit by this state and be enforced by the court and law enforcement personnel as if it were an order of the State of Oregon. 18 USC § 2265(a)
QUALIFYING FOREIGN RESTRAINING ORDERS
A foreign restraining order shall be enforced if:
1) the issuing court has jurisdiction over the parties and matter under the law of the issuing state, Indian Tribe or territory;
2) the issuing jurisdiction provided the respondent reasonable notice and opportunity to be heard; and
3) the order may not be an automatic dual order unless both parties separately petitioned the court for protective orders against each other. 18 USC 2265(b); ORS 24.190.
A peace officer must make a facial validity assessment of a foreign restraining order. Except an issue of non-enforceability is obvious on the face of the order itself, any issues of non-enforceability listed above are affirmative defenses (meaning the defendant must prove those issues apply once the case is filed).
MANDATORY ARREST ON VIOLATION OF A FOREIGN RESTRAINING ORDER
There are two methods of enforcement of a foreign restraining order. If either one applies, it is a mandatory arrest.
Method 1/ Copy of the Order Provided
A peace officer shall arrest and take into custody if:
- a person protected by a foreign restraining order presents a physical or electronic of the foreign restraining order to the officer;
- represents to the officer that the order supplied is the most recent order in effect between the parties; and
- that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order; and
- the officer has PC to believe that the person to be arrested has violated the terms of the foreign restraining order.
*This order does NOT have to be confirmed further in anyway, including but not limited to, confirmation through LEDS/NCIC/Sheriff’s Office/Tribal Court.
Method 2/ Order Entered into LEDS/NCIC
A petitioner has the option to request that a foreign restraining order be entered into LEDS/NCIC through a sheriff’s office or a circuit court. Where this has been done, you should find the existence of the order in LEDS/NCIC.
A peace officer shall arrest and take into custody a person without a warrant if:
- a foreign restraining order (as defined by ORS 24.290) has been filed with a court or has been entered into LEDS/NCIC; and
- the officer has PC to believe that the person to be arrested has violated the terms of the foreign restraining order.
*Entry into LEDS/NCIC is notice of the existence of the order, no additional confirmation/ verification is required.
LIABILITY OF PEACE OFFICER – MANDATORY ARREST ON ENFORCEMENT OF FOREIGN RESTRAINING ORDERS
No peace officer shall be held criminally or civilly liable for making an arrest provided that the officer acts in good faith and without malice. ORS 133.315(1). This protection is for acting, not failure to act.
No peace officer shall be criminally or civilly liable for any arrest made if the officer reasonably believes that 1) the document or writing provided to officer is an accurate copy of a foreign restraining order and is the most recent order in effect between the parties and that 2) the person restrained by the order has been personally served with a copy of the order or has actual notice of the order. ORS 133.315(2).
This state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of the court or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act arising out of the registration, entry or enforcement of a foreign restraining order or the detention or arrest of an alleged violator of a foreign restraining order if the act was done in good faith and without malice in an effort to comply with state and federal law. ORS 24.190(7).