This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
Oregon USLegal Guide on Restraining Orders and No Contact Orders
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Multi-State
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US-GDE-09
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Knowing that no contact orders are used in criminal cases and require charges to be pending or filed, and that restraining orders are used in civil cases and can be tailored ingly, is an important step in determining which order is the correct one for the situation.
In Oregon, you have 30 days to challenge a restraining order if you believe it was issued unreasonably. 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.
The No Contact Order (NCO) is ordered by a Judge or parole/probation officer (PO), instructing the justice-involved individual (JII) to not have any contact with the listed victim/s or other identified people.
Modifying a No-Contact Order 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.
The order is effective for one year. However, the abuser may request a hearing within 30 days after he or she was served with the order. If the abuser does not do that, then the restraining order will remain effective.
After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
Usually they are not charged. A no contact order violation by a victim is not a violation of a court order. An accused person bound by a no contact order should contact a lawyer if he is being contacted by a victim in a domestic assault case.
When there is an allegation of domestic violence, the judge in the case has the power to issue what is known as a no-contact order (NCO) in criminal cases, or a civil protection order (CPO) in civil cases.