Oregon Instructions for Renewing a Restraining Order

State:
Oregon
Control #:
OR-SKU-0277
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PDF
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Instructions for Renewing a Restraining Order

Oregon Instructions for Renewing a Restraining Order depend on the type of restraining order you have: 1. Domestic Violence Restraining Order: If you have a Domestic Violence Restraining Order (DVR) in Oregon, you must renew it before it expires. You can apply to renew your DVR by filing a Motion to Renew with the court. The Motion to Renew must include all the information that was listed in your original restraining order. You may also need to provide additional evidence of abuse that has occurred since the last order. Once the court receives your Motion to Renew, it will decide whether to grant it. 2. Civil Stalking Protective Order: If you have a Civil Stalking Protective Order (CSP) in Oregon, you must renew it before it expires. You can apply to renew your CSP by filing a Motion to Renew with the court. The Motion to Renew must include all the information that was listed in your original order. You may also need to provide additional evidence of stalking or harassment that has occurred since the last order. Once the court receives your Motion to Renew, it will decide whether to grant it. 3. Harassment Restraining Order: If you have a Harassment Restraining Order (PRO) in Oregon, you must renew it before it expires. You can apply to renew your PRO by filing a Motion to Renew with the court. The Motion to Renew must include all the information that was listed in your original order. You may also need to provide additional evidence of harassment that has occurred since the last order. Once the court receives your Motion to Renew, it will decide whether to grant it. Overall, Oregon Instructions for Renewing a Restraining Order involve filing a Motion to Renew with the court and providing additional evidence of abuse, stalking, or harassment that has occurred since the last order. The court will then decide whether to grant the renewal.

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FAQ

FAPA orders are available in every county in Oregon. Once issued, a FAPA order is effective for 12 months, unless the court terminates or extends the order. The court must hold a hearing, by telephone or in person, the day or the day after a victim files for a FAPA order.

After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

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.

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.

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.

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 Restraining Order affects your rights and may include orders regarding custody and parenting time of your children. It is a serious matter. You have the right to contest (object to) the Restraining Order.

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.

More info

Asking to Renew Your Restraining Order Read How Do I Ask the Court to Renew My Restraining Order? The person who serves the forms must complete the Proof of Personal Service.If the court grants a new restraining order for 5 years, you are able to repeat the renewal process again, 3 months before it expires. Below is a list of FVAP's published cases regarding restraining order renewal. Attach a copy of your current order to the Request to Renew Restraining Order. 2. If you received a Domestic Violence Restraining Order After Hearing (DV-130), you may ask to renew (extend) the order during the 3 months BEFORE it expires. The Court will let you know if a judge decides your petition is not eligible for a full hearing. You will then have up to 14 days to file an amended petition. They will help you stay safe. You can ask the court to order that the respondent cannot have guns.

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Oregon Instructions for Renewing a Restraining Order