Hillsboro Oregon Ex Parte Temporary Protective Order of Restraint

State:
Oregon
City:
Hillsboro
Control #:
OR-HJ-447-06
Format:
PDF
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A06 Ex Parte Temporary Protective Order of Restraint

A Hillsboro Oregon Ex Parte Temporary Protective Order of Restraint is a legal document that aims to provide immediate protection to an individual who has been a victim of domestic abuse, harassment, stalking, or other forms of threatening behavior. This order is issued by a judge or magistrate and restricts the alleged abuser from contacting, threatening, or going near the protected person. There are different types of Ex Parte Temporary Protective Orders of Restraint that can be issued based on the circumstances and severity of the situation. These may include: 1. Domestic Violence Restraining Order: This order protects victims of domestic violence, including current or former spouses, cohabitants, dating partners, or individuals who share a child. It restrains the alleged abuser from contacting the victim and can also address custody, visitation, and financial matters. 2. Elder Abuse Restraining Order: This type of protective order is specifically designed to protect elderly individuals who have been subjected to physical, emotional, or financial abuse. It can be obtained by the victim or their representative and prevents the alleged abuser from having any contact or involvement with the elder. 3. Stalking Protective Order: This order is available to individuals who have been subjected to stalking, which involves unwanted and repeated harassment, surveillance, or following by another person. It prohibits the alleged stalker from contacting or approaching the victim, and may also address other relevant issues such as internet-based stalking. 4. Sexual Assault Restraining Order: Victims of sexual assault can seek this protective order to ensure their safety and prevent any further contact or harassment from the perpetrator. It can include provisions to safeguard the victim's privacy, restrict the offender's proximity, and offer support resources. In Hillsboro, Oregon, obtaining an Ex Parte Temporary Protective Order of Restraint requires filing a petition with the local court, accompanied by a detailed account of the alleged abuse or harassment. It's crucial to provide specific incidents, dates, and any relevant evidence to support the request. The court will review the petition and may grant the temporary order if there is sufficient evidence of immediate danger or harm to the petitioner. Serving the order to the alleged abuser is an important step in ensuring compliance. Law enforcement agencies play a vital role in enforcing and monitoring the terms of the protective order. Violations of the order can result in criminal charges and additional legal consequences. It is important to remember that Ex Parte Temporary Protective Orders of Restraint are intended to offer immediate protection, typically lasting for a limited period. A hearing will subsequently be scheduled to determine whether a permanent restraining order should be granted based on the evidence presented by both parties. If you or someone you know is in immediate danger or requires assistance in obtaining a protective order, it is advised to seek help from local law enforcement, domestic violence organizations, or legal professionals who specialize in this area.

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FAQ

If you have been a victim of physical abuse or threatened abuse, you may be able to get a restraining order under the Oregon Family Abuse Prevention Act. This law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation (although you can do so if you wish).

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.

Non-Violence Conditions: physically, psychologically or sexually abuse or threaten the protected people; damage or threaten to damage the property of the protected people; must not encourage anyone else to physically, sexually or psychologically abuse or threaten the protected people.

Imminent danger to the physical well-being of the child means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situation exists when there is reasonable cause to believe that any child in the home is or has been sexually abused ?

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.

How Long Does a Temporary Custody Last? The time length of a temporary custody order will last between five months to an indefinite period based upon the circumstances.

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.

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.

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.

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.

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Fill out the forms in this kit: • Application for Protective Order. • Either an Affidavit or Declaration.ORS 107. You will also be asked to fill out papers that include a description of the incident or incidents which have led you to file the Petition. Until further notice, applications for Temporary Protective Ex Parte Orders may be submitted online to request a video hearing.

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Hillsboro Oregon Ex Parte Temporary Protective Order of Restraint