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Oregon FAPA Instruction to Modify - Change Restraining Order

State:
Oregon
Control #:
OR-8757R
Format:
PDF
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Description

This is an Oregon court form for use in domestic litigation, a FAPA Instruction to Modify (Change) Restraining Order. Available in Word format.

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FAQ

There are no costs involved in applying for a protection order, unless an attorney is used.Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

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.

If you intend to apply to the court to revoke or vary a restraining order, you will need to prove that a change of circumstances has occurred. If everything has remained the same, then it is unlikely that the court will be willing to adapt or dissolve the order. A change of situation is case-specific.

Modifications: After the court has granted either the ex parte temporary protective order or long term protective order, if you want to change part of the order, you can file your request with the court. Only the judge has the power to modify the order.It is not valid unless it is written in a court order.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking.

Will a Restraining Order Affect My Job? Even if the restraining order goes on your record, it likely won't affect your current or future employment. Most employers who conduct background checks only check for the most serious crimes. It costs more to search for every possible crime a person might have committed.

Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.

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Oregon FAPA Instruction to Modify - Change Restraining Order