Fillable FILING FOR A RESTRAINING ORDER (Oregon)

Fill Online, Printable, Fillable, Blank FILING FOR A RESTRAINING ORDER (Oregon) Form

Use Fill to complete blank online OREGON pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

FILING FOR A RESTRAINING ORDER (Oregon)

On average this form takes 5 minutes to complete

The FILING FOR A RESTRAINING ORDER (Oregon) form is 16 pages long and contains:

  • 0 signatures
  • 0 check-boxes
  • 21 other fields

Country of origin: US
File type: PDF

BROWSE OREGON FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
Page 1 of 3
(Jan 2020)
FILING FOR A RESTRAINING ORDER
NEXT STEPS
IMPORTANT NOTE: PROCEDURES FOR GETTING RESTRAINING ORDERS VARY FROM COURT TO
C
OURT
. CHECK WITH YOUR LOCAL COURT FOR MORE INFORMATION.
WHAT HAPPENS AFTER I FILL OUT THE PAPERS?
When you file your Petition, the clerk will tell you when and where to go for your hearing.
The judge will look over your papers and may ask you questions. If the judge grants your
restraining order, court staff will make copies for you.
You will need to have one copy delivered (“served”) to the respondent by a sheriff’s deputy.
The court will send the Order to a sheriff for service.
Y
ou can also have a private process server or any competent
1
adult serve the Order, as long
as the server lives in the state where the papers are served. You cannot serve the papers
yourself. The server is required to complete a certificate of service and file it with the court.
There is a form in the packet, but some servers use their own forms. Talk to the court clerk
about ways to get the respondent served. The respondent cannot be punished for violating
the restraining order until after service.
The respondent has 30 days from the date of service to request a hearing objecting to
(“contesting”) the restraining order. If the respondent does not request a hearing, the
restraining order will stay in effect. After the 30 days, the only type of hearing a party can
request is to change custody and parenting time, respondent’s removal from the home,
respondent’s restrictions from other places, or contact between you and respondent.
I
n a few cases, the judge may set an “Exceptional Circumstances” hearing to get more
information about custody. The date and time of the hearing will be written on the first page
of the Order.
W
HAT IF THE RESPONDENT REQUESTS A HEARING?
If the respondent does request a hearing, it will be held very quickly. You may
have as little as 2 days to prepare. If the hearing is scheduled more than a few days away, the
court will send you notice of the time and date of the hearing in the mail. If there is not
enough time to mail you a notice, the court may contact you by phone. Be sure the court
always has your current contact address and contact phone number so you get
notice of any hearing. You also can call the court to see if a hearing has been set.
Y
ou must go to all scheduled hearings or the order may be dismissed. If you cannot go to a
hearing due to an emergency, call the court clerk right away. It may be helpful to have a
lawyer represent you at the hearing, but it is not required. You may be able to appear by
phone or video in some courts. Contact the court for more information.
1
“Competent” means that a person who can understand, remember, and tell others about an event
Page 2 of 3
(Jan 2020)
If you are worried about your safety, you can ask for a sheriff’s deputy to be present in the
courtroom. Call the court before the hearing.
I
f the court scheduled an Exceptional Circumstances hearing, any objections the respondent
has will be heard at that hearing.
The purpose of the hearing is to decide if the restraining order will remain in effect, and if
so, whether it will change in some way. The judge may decide not to change the order even if
both sides agree that they want the same changes.
At
the hearing, you must prove that you have been abused and that you are in danger of
further abuse. Be ready to give your own testimony, call witnesses, and give the judge any
evidence you have (such as photos of your injuries). In some cases, if the restraining order
stays in effect, it will be against the law for the respondent to have guns.
H
OW LONG DOES A RESTRAINING ORDER LAST?
A restraining order lasts for 1 year from the date the judge signed it, unless it is dismissed or
cancelled by the court.
O
rders 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. Forms to renew a
restraining order are available at the court or online (see below).
W
HAT CAN I DO IF THE RESPONDENT VIOLATES (DOES NOT FOLLOW)
THE RESTRAINING ORDER AFTER SERVICE?
You can call the police (call 911). The officer must arrest the respondent if the officer
believes a violation happened. If the court finds a violation, the respondent can be fined, put
on probation, or put in jail.
A
restraining order does not guarantee your safety. You can take other steps to stay safe. A
domestic violence or sexual assault program can help. For information about domestic
violence resources, please visit our website - www.courts.oregon.gov/dv
W
HAT IF I WANT TO DROP THE RESTRAINING ORDER?
You must file papers at the courthouse to ask the judge to dismiss the order. The order
remains in effect until the judge dismisses it. It is up to the judge to decide whether to
dismiss the order. It may take a few days for law enforcement to get notice of the dismissal.
CAN I CHANGE THE TERMS OF THE RESTRAINING ORDER?
Any time after a restraining order has been entered, you or the respondent can file papers to
ask the court to modify (change) or remove terms affecting custody and parenting time,
respondent’s removal from the house, respondent’s restrictions from other places, or contact
between you and the respondent. Forms to modify a restraining order are available at the
courthouse or online (see below). If you ask for a change that removes or makes a term less
restrictive, the judge may sign an order changing the terms without requiring a hearing.
Otherwise, the judge will sign an order for the other party to appear (“Order to Show
Page 3 of 3
(Jan 2020)
Cause”). Some courts set a hearing when you file the papers. Some courts do not set a
hearing until the respondent has been served and given 30 days to respond. Check with the
court that issued the order to be sure you follow the right process.
D
O I NEED A LAWYER?
If you have questions about how the law works or what it means, you may need to talk to a
lawyer. You are not required to have a lawyer to obtain the restraining order, but you can
have a lawyer represent or help you if you wish. If you need help finding a lawyer, you may
call the Oregon State Bar’s Lawyer Referral Service at 503.684.3763 or 800.452.7636. If you
believe you cannot afford a lawyer, ask court staff if your area has a legal services (legal aid)
program that might help you.
W
HAT IF I NEED AN ACCOMMODATION OR AN INTERPRETER?
If you have a disability and need an accommodation, or you are unable to speak English and
need a foreign language interpreter, you must tell the court as soon as possible, but at least
four days before your hearing. Tell the clerk that you have a disability and what type of
assistance you need or prefer, or which language you speak.
COURT FORMS
Forms that can be used in all Oregon courts are available here:
www.courts.oregon.gov/forms
It is best that you carry a copy of the restraining order
with you at all times
NOTICE TO PETITIONERS RECEIVING ELECTRONIC NOTICE
ABOUT RESTRAINING ORDERS
DO NOT FILE THIS FORM WITH THE COURT
The information below must be provided to the sheriff’s office
in the county
where the Restraining Order was issued
If your contact address or phone number has changed, you must separately inform the
court that issued the Order
A common time to use this form is when you are RENEWING or MODIFYING your restraining
order. This form can be used ANYTIME a restraining order is in effect and you have
changed your
email address or cell phone number and still want to receive electronic notice from
the sheriff’s
office about service or expiration.
PETITIONER’S NOTICE TO SHERIFF’S OFFICE
OF CHANGE OF CONTACT INFORMATION
Your Name:
Respondent’s Name:
Court Case #:
County where Order Issued:
Your new cell phone number:
Cell Carrier (AT&T, T-Mobile, Verizon. etc.):
Your new email address:
USE THIS FORM IF:
•
You have already provided your email address or cell phone number
to the
sheriff’s office to receive electronic notice when your Restraining Order
has been served or is about to expire
AND
•
Your email address or cell phone number has changed
FAPA – Notice to Respondent
Page 1 of 2
(Jan 2020)
NOTICE TO RESPONDENT AND REQUEST FOR HEARING
THIS FORM MUST BE ATTACHED TO ALL COPIES
OF THE RESTRAINING ORDER
Case#:
TO RESPONDENT: A RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT THAT
AFFECTS YOUR RIGHTS. THE ORDER IS NOW IN EFFECT.
You have the right to contest the Restraining Order as set out in the paragraph checked below.
An “Exceptional Circumstance” Hearing Has Been Scheduled
(See the box on the top of this page, “Notice of Exceptional Circumstances Hearing”)
The court has decided that there are exceptional circumstances affecting your children. The
court has ordered a hearing to decide temporary custody. If you want to be heard on the issue of
temporary custody or if you oppose the Order or any of its terms, you must appear at the date
and time in the box above. This will be your only chance to oppose the Order. If you do not go
to the hearing, the Restraining Order may remain in effect.
If you want an earlier hearing than the date above, complete the Request for Hearing form
below and mail or deliver it to the address on Page 2.
An “Exceptional Circumstances” Hearing Has NOT Been Scheduled
(The box on the top of this page is BLANK)
If you oppose the Restraining Order, including any parenting time or custody order, complete
the attached “Request for Hearing” form. Mail or deliver it to the address on Page 2.
A REQUEST FOR HEARING must be filed with the court within 30 days after you received
the order. You must include your address and telephone number. At the hearing, a judge will
decide whether the order should remain in effect, be changed, or dismissed. If you do not go
to the hearing, the restraining order may remain in effect.
The hearing will be held within 5 business days if you are contesting a custody order
(not parenting time), or
within 21 calendar days if you do not oppose a custody order
If no Exceptional Circumstances hearing date has been set and you do not request a hearing
within 30 days, the restraining order will remain in effect as issued.
Enforceability of the Restraining Order
The Restraining Order you have received is in effect and remains in effect until the court
changes (modifies) or dismisses it, or until it expires. The order may also be renewed upon a
NOTICE OF EXCEPTIONAL CIRCUMSTANCES HEARING:
The court has scheduled an exceptional circumstances hearing about the
temporary custody of your children on:
Date: Time: Courtroom:
See below for information about the “Exceptional Circumstances” hearing
FAPA – Notice to Respondent
Page 2 of
2 (Jan 2020)
finding that a person in the Petitioner’s situation would reasonably fear further acts of abuse by
you if the order is not renewed.
If you are arrested for violating this order, the security amount (bail) is $5,000, unless a
different amount is ordered by the court.
The order is enforceable in every county in Oregon. It is also enforceable in all 50 states, the
District of Columbia, tribal lands, and territories of the United States. This includes any order
renewing or changing this order.
Violation of the Restraining Order
Violation of any part of this order (or any order renewing or changing this order) is contempt of
court. Contempt is punishable by a fine of up to $500 or 1% of your annual gross income,
whichever is greater, or a jail term of up to six months, or both. Other penalties may also be
imposed.
FIREARMS PROHIBITIONS APPLY!
Criminal Penalties for Firearms Possession (ORS 166.255(1)(a))
You will be subject to criminal penalties for possessing firearms or ammunition effective the
earliest of:
(1) 30 days after you were served with the Order
Or, if you request a hearing:
(2) the date of the hearing if the Order is not dismissed or
(3) the date of the hearing if you fail to appear at the hearing or
(4) the date you withdraw your request for a hearing
Contempt Penalties for Firearms Possession
If the firearms prohibition in Section 20 of the Restraining Order is initialed by the judge:
it is immediately unlawful for you to possess or purchase a firearm, including a rifle,
pistol, or revolver, and ammunition under ORS 107.718(1)(h)
you are subject to contempt of court for violation of the firearms prohibition as soon a
s
y
ou are served with or become aware of the Order
criminal penalties may also apply
Y
ou may also be prohibited from:
• Serving in the Armed Forces of the United States or being employed in law enforcement.
If you have any questions about how these laws apply to you, talk to a lawyer.
• Traveling across state lines or tribal land lines with the intent to violate this Order and
then violating this order
• Causing the Petitioner to cross state lines or tribal land lines for the purpose of violating
the order
Other Laws May Also Apply To You
Whether or not a Restraining Order is in effect, federal law may prohibit you from:
• Traveling across state lines or tribal land lines with the intent to injure the Petitioner and
then intentionally committing a crime of violence causing bodily injury to the Petitioner
• Causing the Petitioner to travel across state lines or tribal land lines if your intent is to
cause bodily injury to the Petitioner or if the travel results in you causing bodily injury to
the Petitioner
FAPA – Notice to Respondent and Request for Hearing
Page 1 of 2
(Jan 2020)
REQUEST FOR HEARING
(To Be Completed By Respondent Only)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: ______________________
REQUEST FOR HEARING
(Family Abuse Prevention Act)
I need an interpreter: Spanish Russian other: ____________________
I am the Respondent. I request a hearing to oppose the Restraining Order as follows:
Complete section A or B:
A. NO HEARING DATE HAS BEEN SET
I oppose: (check all that apply)
the order restraining me from contacting, threatening, or attempting to contact the
Petitioner
the custody order
the parenting time order
other:
B. AN “EXCEPTIONAL CIRCUMSTANCES” HEARING HAS BEEN SET FOR:
(date)
I request a hearing to be held within 5 business days after I file this Request
(Note to Respondent: if the Exceptional Circumstances hearing is within 5
business days of filing this Request, you cannot get an earlier hearing)
I also oppose all or a part of the order as follows (check all that apply):
the order restraining me from contacting, threatening, or attempting to contact
the Petitioner
the custody order
the parenting time order
IF YOU COMPLETE THE REQUEST FOR HEARING FORM, MAIL OR DELIVER
IT TO (address of court):
FAPA – Notice to Respondent and Request for Hearing
Page 2 of 2
(Jan 2020)
other:
I will will not be represented by an attorney at the hearing
Name and bar number of the attorney (if known):
I will need Americans with Disabilities Act accommodations at the hearing
A Confidential Information Form (CIF) has been completed and filed with the court clerk
containing all required information that is identified as confidential by UTCR 2.130 for
Respondent
Submitted by: Respondent Attorney for Respondent
Date Signature
Name (printed)
Contact Address City, State, ZIP Contact Phone
Attorney for Respondent:
Date Signature
OSB# Name (printed)
Address City, State, ZIP Phone
FAPA – Certificate of Service
Page 1 of 1
(Aug 2019)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: ____________________
CERTIFICATE OF SERVICE
(Family Abuse Prevention Act)
I, (name) , declare that I am a resident of the state of
. I am a competent person 18 years of age or older. I am not a party to or
lawyer in this case, and not the employee of a party.
I certify that on (date) at (time) (am/pm),
I served the Respondent named above by delivering the following documents in person to
(address or location of service)
I served true copies of the original (check all that apply):
Restraining Order to Prevent Abuse and Petition for Restraining Order to Prevent Abuse
Order Renewing Restraining Order and Petition to Renew Restraining Order
Order to Show Cause re: Modifying Restraining Order and Motion for Order to Show Cause &
Declaration in Support
with the Notice to Respondent/Request for Hearing, Instructions for Contesting a Family Abuse
Prevention Act Restraining Order, and Notice of Confidential Information Form (CIF) Filing
Other (name all forms or documents served)
I hereby declare that the above statements are true to the best of my knowledge and belief.
I understand they are made for use as evidence in court and I am subject to penalty for
perjury.
Date Signature of Server
Print Name
I
f person serving is NOT a sheriff or sheriff’s deputy, address and phone number of server:
NOTICE TO PETITIONERS:
RECEIVING ELECTRONIC NOTICE
ABOUT RESTRAINING ORDERS
DO NOT FILE THIS FORM WITH THE COURT!
Give or send it to the sheriff for the county where you filed for your
Restraining Order
This is a VOLUNTARY option. You do not have to provide this information. The sheriff will
still notify you when your Restraining Order has been served.
If your contact address or phone number changes, you must separately inform the court that issued the
Order. If the information below changes, notify the sheriff.
PETITIONER’S NOTICE TO SHERIFF’S OFFICE
OF ELECTRONIC CONTACT INFORMATION
Your Name:
Respondent’s Name:
Court Case #:
County where Order Issued:
Your cell phone number:
Cell Carrier (AT&T, T-Mobile, Verizon. etc.):
Your email address:
The sheriff is required to provide you with proof of service showing when your
Restraining Order has been served
USE THIS FORM if you would also like to receive electronic notice by text message
and/or email when your Restraining Order has been served or is about to expire.
The information below will be given to the sheriff for the county where the
Restraining Order is issued.
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

FILING FOR A RESTRAINING ORDER (Oregon)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 23 September 2021

Message

View Audit Log
Print With Audit Log
Duplicate Document