Portland Oregon Temporary Protective Order of Restraint, Motion and Order to Show Cause and Ex Parte Relief

Name: Portland Oregon Temporary Protective Order of Restraint, Motion and Order to Show Cause and Ex Parte Relief
Brand: US Legal Forms
Rating: 4.84 (255 reviews)

Category:

Oregon Court Samples - Divorce - With Children - Sample Case 2

State:

Oregon

City:

Portland

Control #:

OR-HJ-178-02

Format:

Instant download

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Description

A04 Temporary Protective Order of Restraint, Motion and Order to Show Cause and Ex Parte Relief

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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.

ORS 107.139(1) authorizes post-judgment ex parte temporary orders of custody and parenting time if a parent of the child is present in court and presents a declaration alleging that the child is in immediate danger. A good faith effort to confer is required. Clear and convincing evidence is required.

When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.

To get an Immediate Danger temporary order, you must file a form called an Ex Parte Motion for Order of Immediate Danger & Temporary Custody and Parenting Time & Declaration in Support.

Immediate Danger Examples or Definition Physical abuse of a child. Sexual abuse of a child. Medical neglect of a child. Drug or alcohol abuse in the presence of a child.

Temporary emergency custody orders are often granted when the other parent is seriously abusing drugs or alcohol, in cases of sexual abuse or serious physical abuse of the child, in cases involving incarceration of the other parent, or in case involving serious mental illness.

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.

In short, yes. If you are a person protected by a restraining order, you can apply to the court to have it discharged/revoked.

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 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.

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First, the plaintiff (the person filing the case) fills out the DVPO paperwork and gives it to the clerk of court. Add motion to your layout with MotionLayout.Add motion to your layout with MotionLayout.

Portland Oregon Temporary Protective Order of Restraint, Motion and Order to Show Cause and Ex Parte Relief

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FAQ

How do you remove a restraining order in oregon?

What qualifies for emergency custody in Oregon?

At what age can a child refuse visitation in oregon?

How do I get emergency temporary custody in oregon?

What qualifies for immediate danger in Oregon?

What are grounds for emergency custody in oregon?

How long does a restraining order last in Oregon?

Can the court remove a restraining order?

How do I get a no-contact order lifted in Oregon?

How do I dismiss a restraining order in Oregon?

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