The Oregon Request for Hearing Re Statutory Restraining Order is a process by which a person, who has been served with a restraining order, can appeal the order and contest its terms. This process is available to anyone who has been served with a restraining order in the state of Oregon. There are two types of Oregon Request for Hearing Re Statutory Restraining Order: an ex parte (emergency) restraining order and a permanent restraining order. An ex parte restraining order is issued without prior notice to the restrained party and is typically valid for a period of no more than 14 days. A permanent restraining order is issued after a hearing, where both the petitioner and respondent have the opportunity to present testimony and evidence. In order to contest a restraining order in Oregon, a respondent must file a Request for Hearing Re Statutory Restraining Order with the court. This document must include the names of both the petitioner and respondent, the date the restraining order was issued, and a detailed description of the reasons for contesting the order. Upon filing, the court will schedule a hearing, at which the petitioner can present evidence and testimony in support of the restraining order and the respondent can present evidence and testimony in opposition. The court will then either modify or dismiss the restraining order, depending on the evidence presented at the hearing.
Oregon Request For Hearing Re Statutory Restraining Order
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How to fill out Oregon Request For Hearing Re Statutory Restraining Order?
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FAQ
The Restraining Order affects your rights and may include orders regarding custody and parenting time of your children. It is a serious matter. You have the right to contest (object to) the Restraining Order.
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.
A restraining order is a court order to protect your physical safety. It can tell the other person (the ?respondent?) to move. The order can also specify locations where the respondent cannot go. The Petition includes other things that you can ask for if you think they will help you stay safe.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
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.
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.
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.
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. To renew the order, you must file paperwork before the order ends.