A motion to terminate is how a Petitioner or Respondent asks an Oregon circuit court for a hearing to end an Extreme Risk Protection Order (ERPO). The Oregon Judicial Department publishes this statewide form, and it combines the motion with a declaration in support and a certificate of mailing. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the Oregon Judicial Department at courts.oregon.gov.
Last updated
What is Motion to Terminate – Oregon?
The Motion to Terminate, titled Motion to Terminate Extreme Risk Protection Order and Declaration in Support, is the Oregon Judicial Department form that a Petitioner or Respondent files in circuit court to ask for a hearing to terminate an Extreme Risk Protection Order (ERPO).
The form is two pages and is captioned for the circuit court of the county where the order was issued, with the case number and the names in the matter. It has four working parts:
- Motion: you state whether you are the Respondent or the Petitioner, say whether you have asked to terminate the order before (and on which dates), and ask the court for a hearing.
- Statement of Points and Authorities: a printed statement that ORS 166.527 permits the Petitioner or Respondent to file one request in any 12-month effective period to terminate an ERPO.
- Declaration: you explain why the Respondent is no longer at risk for suicide or causing harm to another person immediately or in the near future, then date and sign under penalty of perjury.
- Certificate of Mailing: you certify the date you placed a copy in the United States mail to the other party, and the party's name and address.
The page footer identifies it as "ERPO – Motion to Terminate Order" from the Oregon Judicial Department, dated Aug 2019. The form also lets you ask for an interpreter (Spanish, ASL or another language). It is a motion to end an existing order, not a request for a new one.
Who needs to file Motion to Terminate – Oregon?
The Petitioner or the Respondent in an Extreme Risk Protection Order case who wants the court to hold a hearing to terminate that order uses this form. The first part of the form has you mark whether you are the Respondent or the Petitioner, and if you are the Petitioner it asks for your name.
Conditions the form attaches:
- Only one request may be filed in any 12-month effective period, according to the ORS 166.527 statement printed on the form. If you have already requested termination of the order, the form asks you to list the dates.
- The declaration is written about the Respondent: it explains why the Respondent is no longer at risk for suicide or causing harm to another person immediately or in the near future.
- The declaration is signed under penalty of perjury, so the person signing must be able to state that the facts are true to the best of their knowledge and belief.
- If you need an interpreter, the form has a box for Spanish, ASL or another language.
The Oregon Judicial Department's Forms Center notes that court staff cannot give legal advice, including telling you which form to choose. Statewide forms are not available for every circumstance.
When to file Motion to Terminate – Oregon
File the motion when you want the court to hold a hearing to end an Extreme Risk Protection Order. The form prints no calendar deadline. The timing rule it states is the limit in ORS 166.527: the Petitioner or the Respondent may file one request in any 12-month effective period to terminate the order.
Before filing, check whether a request has already been made during that period. The motion asks you to say whether you have requested termination before today and, if you have, to list the dates. The form states no processing time and no hearing date.
How to fill out Motion to Terminate – Oregon
Complete the court caption
Enter the county in "For the County of", the names under "In the Matter of" and your Case No. from the Extreme Risk Protection Order.
Request an interpreter if needed
If you need one, check the I need an interpreter box and mark Spanish, ASL or other, writing the language on the line for other.
State whether you are Respondent or Petitioner
In the Motion section, mark I am the Respondent or Petitioner (name); for the Petitioner, enter the name.
Report earlier termination requests
Mark I have not requested termination of this order before today, or mark I previously requested termination of this order on (dates) and enter the dates.
Confirm the hearing request
The Motion section ends with the statement that you ask the court for a hearing to terminate the Extreme Risk Protection Order.
Read the points and authorities
The Statement of Points and Authorities is preprinted. It cites ORS 166.527, which permits one request in any 12-month effective period; nothing is entered here.
Write the declaration explanation
Under Declaration, explain why the Respondent is no longer at risk for suicide or causing harm to another person immediately or in the near future.
Date, sign and give contact details
Enter the date and your signature, then your printed name, address, city, state, ZIP and phone. The declaration is made under penalty of perjury.
Complete the Certificate of Mailing
Enter the date you placed the copy in the United States mail, the other party's name and address, then date, sign and print your name.
Review and download the completed PDF
Check the caption, the Respondent or Petitioner box, the dates and both signatures. Download or print the completed PDF from FillingPDF and file it as described under How to submit.
How to submit Motion to Terminate – Oregon
The Motion to Terminate prints no filing address, portal or fee instructions, so it is filed with the circuit court named in its caption, and a copy goes to the other party by mail.
- Circuit court: the form is headed "In the Circuit Court of the State of Oregon for the County of ___" with a case number. Enter the county and the case number of your Extreme Risk Protection Order. The Oregon Judicial Department's Forms Center says any statewide form is accepted in all circuit courts, and that local courts may offer additional forms. Court staff cannot give legal advice.
- Other party: the Certificate of Mailing on page 2 is where you certify the date you placed a true and complete copy in the United States mail, the other party's name and the party's address. Date it, sign it and print your name.
Keep a copy of the signed motion for your records. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Filing a new request when one has already been filed in the same 12-month effective period; ORS 166.527 permits one request in any such period.
- Leaving the previous-request choice unmarked, or omitting the dates when you have asked to terminate the order before.
- Not marking whether you are the Respondent or the Petitioner, or leaving out the Petitioner's name where the form asks for it.
- Leaving the declaration blank instead of explaining why the Respondent is no longer at risk for suicide or causing harm to another person.
- Submitting the declaration without a date, signature, printed name, address, city, state, ZIP and phone.
- Completing the Certificate of Mailing without the mailing date, the other party's name or the party's address.
- Leaving the county and case number blank in the caption, so the motion cannot be tied to your order.
- Forgetting to check the interpreter box and the language when you need an interpreter.
Frequently asked questions
What is a motion to terminate an Extreme Risk Protection Order in Oregon?
It is a request, made on this Oregon Judicial Department form, asking the circuit court for a hearing to terminate an Extreme Risk Protection Order. The form includes a declaration in support signed under penalty of perjury and a certificate of mailing to the other party.
Who can file a motion to terminate an ERPO?
The Petitioner or the Respondent. The form has you mark which one you are, and ORS 166.527, quoted on the form, permits either of them to file a request to terminate the order.
How many times can I ask to terminate an ERPO?
The form states that ORS 166.527 permits one request in any 12-month effective period. The motion also asks whether you have requested termination before and, if so, the dates of those requests.
What do I write in the declaration?
Explain why the Respondent is no longer at risk for suicide or causing harm to another person immediately or in the near future. Then date and sign, stating the facts are true to the best of your knowledge and belief and are made under penalty of perjury.
Do I have to send a copy to the other party?
The form includes a Certificate of Mailing in which you certify the date you mailed a true and complete copy to the other party, with that party's name and address. Ask the court if you have questions about service; staff cannot give legal advice.
Where do I file the motion to terminate?
The form prints no filing address. It is captioned for the circuit court of the Oregon county where your case is, and the Forms Center says statewide forms are accepted in all circuit courts. Use that court's filing procedures.
Can I ask for an interpreter on this form?
Yes. The top of the form has a box, I need an interpreter, with options for Spanish, ASL or another language that you write in.
Can I fill out the Motion to Terminate online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the motion with the court or mail it to the other party; you do that through the channels described above.
Ready to fill out Motion to Terminate – Oregon?
Fill out Motion to Terminate – Oregon now