Oregon Apply, Modify, Challenge, or Dismiss a Restraining Order is a legal process that allows a person to either apply for, modify, challenge, or dismiss a restraining order in the state of Oregon. A restraining order is a court order that prohibits certain types of contact between two people, with the purpose of protecting the petitioner from harm. Types of Oregon Apply, Modify, Challenge, or Dismiss a Restraining Order: 1. Domestic Violence Restraining Order: A Domestic Violence Restraining Order is a court order issued to protect the petitioner from physical, emotional, or sexual harm from an intimate partner or family member. 2. Stalking Restraining Order: A Stalking Restraining Order is a court order issued to protect the petitioner from physical, emotional, or sexual harm from a person who is stalking the petitioner. 3. Harassment Restraining Order: A Harassment Restraining Order is a court order issued to protect the petitioner from physical, emotional, or sexual harm from a person who is harassing the petitioner. 4. Elder Abuse Restraining Order: An Elder Abuse Restraining Order is a court order issued to protect an elderly person from physical, emotional, or sexual harm. The process for Oregon Apply, Modify, Challenge, or Dismiss a Restraining Order involves filing a petition with the court, having a hearing, and then having the court decide whether to grant, modify, or dismiss the restraining order. The process is overseen by the Oregon court system and is subject to Oregon laws.
Oregon Apply, Modify, Challenge, or Dismiss a Restraining Order
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FAQ
Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.
You have 30 days from when you were served with the order to file an objection. Fill out the form called ?Request for Hearing.? You should have received a copy of this form when you were served with the Restraining Order.
A restraining order can be dismissed by the petitioner (the person who filed the restraining order) by the filing of a written request for dismissal. A judge can also dismiss the FAPA order after a hearing on the merits, if the judge finds that there aren't grounds upon which the restraining order can stand.
Contesting (Objecting To) the Restraining Order To ask for a hearing, you must fill out the form called ?Request for Hearing? and mail or deliver it to the court before the end of 30 days from the date you were served with the Restraining Order. The court's address should be on the form.
This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.) You must be in ongoing danger of abuse very soon (?imminent danger?). The respondent must be a threat to the physical safety of you or your children.
Ask the court when you file how they handle restraining order modifications. If you are the Petitioner and your request is for less restrictive terms, the judge may sign an order granting your request without a hearing. The Respondent can ask for a hearing within 30 days after the Order is served.
The victim must file a Petition to Waive the No-Contact Order with the court that has jurisdiction over the case; and. The court must find, after a hearing on the Petition, that waiving the no-contact order is in the best interest of the parties AND the community.
You have 30 days from when you were served with the order to file an objection. Fill out the form called ?Request for Hearing.? You should have received a copy of this form when you were served with the Restraining Order.