Oregon Order from Hearing to Contest Restraining Order

State:
Oregon
Control #:
OR-HJ-172-01
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PDF
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A01 Order from Hearing to Contest Restraining Order
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FAQ

If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.

It will not appear on your criminal record. However, if an AVO has been made against you, and you knowingly breach one of the conditions in the AVO, this will be a criminal offence.

There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.

Usually yes, but sometimes no. Temporary restraining orders will appear so law enforcement officers can see it.But if the hearing results in a permanent restraining order, it goes on your record. But even restraining orders that should be expunged sometimes stay in the system longer.

In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.

If a Judge hears from an individual about past cases of physical or emotional abuse without a good explanation from the other side, a restraining order can be granted.If the connection between the parties is something else, like neighbors, then the restraining order is a civil one, not domestic violence.

If you're the person who asked for the no contact order, you can ask the judge in your case to drop it. While there's no guarantee that the judge will do so, if you can show that you're not being forced or coerced into doing it, you'll have a better chance of getting it dropped.

A restraining order lasts for 1 year from the date the judge signed it, unless it is dismissed or cancelled by the court. Orders can be renewed for 1 year at a time, if the judge believes you are likely still in danger. To renew the order, you must file paperwork before the order ends.

You must first complete the Protected Person's Motion to Modify/Rescind Domestic Violence No-Contact Order. You are the protected person and the defendant is the person you want contact with. Court staff can assist you with the case number and date the order was signed, but cannot give legal advice.

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Oregon Order from Hearing to Contest Restraining Order