[DV_listserv] Emergency Protection Order--Q/A

[Domestic Violence issues]

Hello, All,

I've had a few questions about the new Emergency Protection Order bill (HB 2776) which will go into effect on January 1st, so I thought I'd send out my answers/thoughts:

Question: How is an EPO useful if the suspect is arrested (and there is a criminal no-contact order put in place) or if the suspect flees and he can't be served with the EPO?

Answer:

HB 2776 is meant to be a stop-gap, providing victims a little more time and space from the defendant/suspect than they usually have. This way, victims aren't forced to race to the courthouse the very next day to get an RO-they can, if they need to,  still go to work, take their kids to school, go to the doctor's, etc. An EPO buys them some time. Even if the suspect is arrested and put in jail with a no-contact order or is released with a no-contact order, it's better to have more protection than less. We don't discourage victims from getting ROs just because there's a criminal no-contact order. This EPO simply provides victims more time to OBTAIN that permanent RO if they want one, or make other safety plans with the help of DA-based or community advocates, or others.

As for a situation where a suspect flees a scene, yes, law enforcement will still have to serve him with the EPO for it to be valid. However,  I know/hope that LEA is continuing to look for the suspect to arrest him. It would be great if they find him within 24 hours and cannot only arrest him, but also serve him with the EPO.  If the suspect cannot be found within 24 hours, the officer must notify the court that the EPO has not been served, however lack of service does not automatically invalidate the order; the officer can still continue to search for the suspect and, if found, serve him. In every event, however, the EPO expires (and cannot be renewed) within seven days.

The other situation where this will be really helpful is where there isn't necessarily a mandatory arrest situation (recall that technically only DV assaults, strangulation, and menacing require mandatory arrest) but because of the information the officer receives, s/he's very concerned about the victim's safety.

The language in the new statute says that an EPO is appropriate when: (a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (2)(a) exist; OR (B) The person is in immediate danger of abuse by a family or household member; and (b) An emergency protective order is necessary to prevent the person from suffering the occurrence or recurrence of abuse. (Note: ORS 133.055 requires that law enforcement, as part of the Mandatory Arrest analysis, try to determine, among other things,  the history of DV between the parties and the potential for future assaults. These inquiries should assist in making a determination not only about Mandatory Arrest but also whether the an EPO is appropriate.)

Again, the issuance of an EPO in these types of situations will allow immediate protection and provide the victim time and space, if she wants, to get away from the suspect/defendant AND to go and get a more permanent protection order, or pursue other safety measures.

Finally, I think that as law enforcement  begins to use this resource and tool we will see  situations we may not have even contemplated where this is really useful.

Question: Can an EPO be completed and signed by an officer without a judge's signature?

Answer:
In order for an EPO to be valid, it must be signed by a judge.

Question: How will after hours EPOs be handled if a judge must indeed sign these?

Answer:
The Presiding Judge of each county must assign a judge to be on-call to receive EPO requests. It is very similar, but not exactly like, the search warrant process. Every jurisdiction should adopt its own protocol to fit its resources and needs.

Link to the Bill: https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/HB2776/Enrolled

Link to the Training Video: https://youtu.be/Zo802wX5eGg

Link to the EPO forms: http://www.oregon.gov/osp/CJIS/docs/Emergency%20Protection%20Order%20Form.pdf<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.oregon.gov_osp_CJIS_docs_Emergency-2520Protection-2520Order-2520Form.pdf&d=BQMFAg&c=pslXprxdtWHFBuj41-AaSLF1gHAT1_cek1PvLND777Q&r=s9IWpgauOd3xe7nDYoyQhU2SoZPgwR2JQkkGbstP6Yo&m=kFUheiFv01Ut-r--A81JC5AECpTjpPJhTVsY8tSU2F0&s=Rru3VLCTYodI6PDQcBcopdrQkPgXhsJGxpxAYbE9f3E&e=>

If, after reading the Bill and reviewing the materials, you have other questions, please let me know!

--Erin


Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Fax: 503.373.1937

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