How to Get a Sexual Abuse Protective Order
Authored By: Oregon Law Center and Legal Aid Services of Oregon
Requirements for Getting a Sexual Abuse Protective Order (SAPO)
- There is no age restriction for petitioners. How-ever, if you are younger than 12, the court will appoint a guardian ad litem to represent your interests in the court case.
- The respondent must be 18 or older.
The respondent cannot be:
- Your spouse or former spouse
- An adult related to you by blood, adoption, or marriage*
- A former sexual partner (within last 2 years)*
- The other parent of your child
- Person you are or were living with and having sexual relations with
*Minors may qualify for a SAPO against a relative or former sexual partner in some circumstances.
In the last 180 days,** you must have been sexually abused. This means you had sexual contact with the respondent that you either (1) did not consent to or (2) were incapable of consenting to due to age or mental incapacity.
**Any time period when the person who abused you was in jail, lived more than 100 miles from your home, or was prevented from contacting you by another restraining order or criminal no contact order does not count as part of the 180-day period.
4. Continued Threat of Abuse
You must have a reasonable fear for your physical safety. (In addition, in order to obtain a SAPO, the Respondent must not be prohibited from contacting you by another restraining order or criminal no contact order.)