This form is a Motion to Clarify and/or Reconsider and for a Protective Order. Defendant requests that the court clarify its order and reconsider the order. The defendant also requests a protective order against plaintiff's demand for discovery. The defendant respectfully submits a request for a hearing on the motion at the court's earliest opportunity.
Oregon Motion to Clarify and / or Reconsider and for Protective order
State:
Multi-State
Control #:
US-MOT-01428
Format:
Word;
Rich Text
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How to fill out Motion To Clarify And / Or Reconsider And For Protective Order?
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FAQ
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.
The law offers the protection of Family Abuse Protection Act (FAPA) orders to victims of domestic violence, whether or not a victim has reported the abuse to the police. A FAPA order is free, and a victim does not need an attorney to get one, although an attorney is recommended if an abuser contests the order.
A restraining order can be dismissed by the petitioner (the person who filed the restraining order) by the filing of a written request for dismissal. A judge can also dismiss the FAPA order after a hearing on the merits, if the judge finds that there aren't grounds upon which the restraining order can stand.
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.
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.
You have 30 days following the date you were served with the Petition to file a written Response with the court clerk and pay the filing fee. See page 9 for fee information. Counterclaims - In the Response, you can say that you disagree with certain things that the Petitioner has asked for.
A restraining order is an order of the court that restricts the person named in the order to stop threatening or abusing and to stay away from you.
Modification of the No Contact Order The NCO may only be modified by Judge or the parole/probation officer assigned to the case. If one has a Restraining Order (RO), they will need to go to court to modify it before contact will be allowed.