Bend Oregon Relevant Data sheet - Restraining Order - Petitioner's Waiver of Service, Motion and Order of Dismissal
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How to fill out Oregon Relevant Data Sheet - Restraining Order - Petitioner's Waiver Of Service, Motion And Order Of Dismissal?
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FAQ
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.
Non-Violence Conditions: physically, psychologically or sexually abuse or threaten the protected people; damage or threaten to damage the property of the protected people; must not encourage anyone else to physically, sexually or psychologically abuse or threaten the protected people.
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.
You must file papers at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it. It may take a few days for law enforcement to get notice of the dismissal.
What should I do if I want to challenge or change an order against me? The law is never one-sided; this means that it is set out to be fair to both parties. Therefore, if you were issued with a restraining order, section 5(4) of the Protection Act 1997 permits you to apply to the court to have an order discharged.
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.
How do I remove a restraining order? As the courts put restraining orders in place, you will also need to use the court process to remove them. If you intend to lift or drop a restraining order before the time limit expires, then a motion will need to be filed with the court. A motion is a process of removing a law.
If you have been a victim of physical abuse or threatened abuse, you may be able to get a restraining order under the Oregon Family Abuse Prevention Act. This law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation (although you can do so if you wish).
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.
If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.
