A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Oregon Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
FAPA orders are available in every county in Oregon. Once issued, a FAPA order is effective for 12 months, unless the court terminates or extends the order.
HOW LONG DOES A STALKING PROTECTIVE ORDER LAST? If granted, a General Judgment re: Stalking Protective Order is permanent. Either party may ask the court to dismiss the SPO. If so, a hearing will be scheduled.
Is a No Contact Order Violation by Victim Legal? Yes. Because no contact orders are orders made to an accused, therefore, there is nothing preventing a victim by contacting an accused person under a no contact order.
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.
The court will need a complete picture of your case to make a fair decision about your restraining order. If there are any previous restraining orders or family court issues in your past with the respondent, this information must be provided to the court.
Dismissing A Stalking Protective Order In Oregon The petitioner must file a motion with the court to dismiss the stalking order. Keep in mind however that a respondent should not have any communication with the petitioner, or they run the risk that they'll be charged with violating the stalking order.
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.