Oregon Instructions for Modifying (Changing) a Restraining Order provide steps to modify an existing restraining order or injunction. Depending on the type of restraining order, there are different instructions for modifying it. The types of Oregon Instructions for Modifying (Changing) a Restraining Order are: 1. Civil Harassment Restraining Order 2. Domestic Violence Restraining Order 3. Elder or Dependent Adult Abuse Restraining Order 4. Stalking Restraining Order For all types of restraining orders, the steps to modifying a restraining order are as follows: 1. File a Request for Hearing: This must be filed with the clerk of the court and a copy must be served on the respondent. 2. Attend the Hearing: Both parties must attend the hearing to present evidence and argue their case. 3. Serve the Order: Once the modification order is granted, it must be served on both parties. 4. File the Order: The modification order must also be filed with the clerk of the court. These Oregon Instructions for Modifying (Changing) a Restraining Order provide the necessary steps to change an existing restraining order in Oregon.
Oregon Instructions for Modifying (Changing) a Restraining Order
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How to fill out Oregon Instructions For Modifying (Changing) A Restraining Order?
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FAQ
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.
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.
If a defendant makes unwanted contact with the victim after the temporary restraining order expires their activities could be reported to the police and they could be charged with the crime of stalking.
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.
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.
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.
If you receive a restraining order, it will likely appear on your record if it goes from being a temporary order to a permanent one during the court hearing. If the petition for a permanent restraining order is denied, then it is possible that the order will be expunged from your record.
Violating a restraining order isn't a crime in Oregon, but you may be held in contempt, which does have penalties. Contempt can result in fines up to $500 or six months in jail.