Oregon Apply, Modify, Challenge, or Dismiss a Restraining Order

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Apply, Modify, Challenge, or Dismiss a Restraining Order

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FAQ

You can't violate the order that is against the other person. If you call or go to see them because you need to talk about the kids or something else, you are not violating the Order. But if the order says they can't contact you and they do so anyway, then they are violating the order.

If the person who has abused you is arrested for violating the restraining order, a court hearing may be set to have the person found in ?contempt of court? for violating the restraining order, or criminal charges can be filed.

Modification of the No Contact Order The NCO may only be modified by Judge or the parole/probation officer assigned to the case. If one has a Restraining Order (RO), they will need to go to court to modify it before contact will be allowed.

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.

Contesting (Objecting To) the Restraining Order To ask for a hearing, you must fill out the form called ?Request for Hearing? and mail or deliver it to the court before the end of 30 days from the date you were served with the Restraining Order. The court's address should be on the form.

You have 30 days from when you were served with the order to file an objection. Fill out the form called ?Request for Hearing.? You should have received a copy of this form when you were served with the Restraining Order.

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.

More info

Contact an attorney for legal advice and more complete information. Use the Plaintiff's Motion to Modify or Terminate Abuse Prevention Order form.Check the box on the form saying that you want the 209A order to be terminated. The clerk will notify the Respondent and schedule a hearing within 30 days. Grant a Final Order of Protection (for up to one year); Dismiss the case; Wait to make a decision or "take the matter under advisement. The Protection Order Committee has developed a comprehensive set of forms divided into four main categories: • protection orders,. • no-contact orders,. Only the prosecutor or the defendant can ask the judge to change or drop a bail order or a CBPO. To modify an Order of Protection, you must go to one of the Law Library Resource Center locations to complete the appropriate paperwork. Do I have to notify the court if I change my address that is included in the Order of Protection?

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Oregon Apply, Modify, Challenge, or Dismiss a Restraining Order