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Oregon Instructions for Renewing a Restraining Order as a Former Protected Child

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Oregon
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OR-SKU-0281
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Description

Instructions for Renewing a Restraining Order as a Former Protected Child

Oregon Instructions for Renewing a Restraining Order as a Former Protected Child allow a person under the age of 18 to apply for a restraining order to protect themselves from physical, emotional, or sexual abuse. In Oregon, there are two types of restraining orders for former protected children: an emergency order and a permanent order. An emergency order can be obtained in a matter of days and is valid for a period of up to 14 days. In order to obtain an emergency order, an application must be completed and submitted to the court. The application must include an affidavit outlining the facts of the case. The court will then review the application and make a decision whether to grant the restraining order. A permanent order can be obtained after the emergency order expires and is valid for up to one year. In order to renew a permanent order, the applicant must submit a petition to the court requesting the renewal. The petition must include an affidavit outlining the facts of the case and a request for the restraining order to be renewed. The court will then review the application and make a decision whether to grant the restraining order. In order to renew a restraining order, the applicant must provide evidence that the order is still necessary to protect them from physical, emotional, or sexual abuse. If the court determines that the order is still necessary, the restraining order will be renewed.

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FAQ

Violation of the Restraining Order may result in civil and/or criminal penalties, including a jail sentence of up to 6 months and a fine of $500 or 1% of your annual gross income, whichever is more. If you have any questions about the Restraining Order or your rights, you should consult an attorney.

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.

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.

A restraining order lasts for 1 year from the date the judge signed it, unless it is dismissed or cancelled by the court. Orders can be renewed for 1 year at a time, if the judge believes you are likely still in danger.

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.

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.

More info

First you would file a family offense petition with the Family Court clerk. An advocate can guide you through this process, but you can also file alone.1) Custody: You can ask the court to order that the respondent not interfere with custody of your children as part of the order of protection. You must go to the extension hearing if you want the judge to extend your order. The judge will consider extending the restraining order if you still need it. If you need immediate protection, you can ask the court for a Temporary Restraining Order. This page provides you with some general information regarding the protection order hearing. A Temporary Order for Protection can be issued immediately and give you protection until a Full Order hearing, approximately two weeks later. 1) Custody: You can ask the court to order that the respondent not interfere with custody of your children as part of the order of protection. A person seeking a Restraining Order can go to a court and fill out paperwork to apply for the order or have an attorney complete the documents.

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Oregon Instructions for Renewing a Restraining Order as a Former Protected Child