Portland Oregon Notice of Statutory Restraining Order
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How to fill out Portland Oregon Notice Of Statutory Restraining Order?
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FAQ
The statutory restraining order applies equally to both parties. It is possible to obtain an order that prevents other actions during a divorce but that type of order can be taken only if your spouse is not represented by an attorney. Such an order is called an Ex Parte Temporary Restraining Order.
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).
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.
This is a relatively new restraining order designed to prevent additional or continuing sexual abuse. Sexual abuse is defined as sexual contact without consent or the capacity to consent. Touching an intimate or sexual part or causing another to do so is considered sexual contact.
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
If you have requested an Order of Protection against another person and now want it to be dismissed for whatever reason, you may be able to achieve this simply by stating your disinterest in continuing with the Order of Protection to the judge.
A restraining order will remain in place for exactly one year from the date it is signed by a judge, unless sooner dismissed by the petitioner or by the court after a hearing.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
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.