Portland Oregon Notice To Respondent Request For Hearing

State:
Oregon
City:
Portland
Control #:
OR-HJ-453-03
Format:
PDF
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A03 Notice To Respondent Request For Hearing
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FAQ

33.015 Definitions for ORS 33.015 to 33.155. (2) ?Contempt of court? means the following acts, done willfully: (a) Misconduct in the presence of the court that interferes with a court proceeding or with the administration of justice, or that impairs the respect due the court.

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.

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).

If in the last 180 days, the person you wish to restrain has: physically injured you; or tried to physically injure you; or made you afraid that he or she was about to physically injure you or made you have sexual relations against your wishes by using force or threats of force.

Penalties for Violation of a Restraining Order in Oregon However, if you have previously violated the order or you have a stalking conviction on your record, the violation will be charged as a Class C felony and carry a potential sentence of up to 5 years in prison and fines up to $125,000.

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.

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. The court must hold a hearing, by telephone or in person, the day or the day after a victim files for a FAPA order.

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.

Violation of the Restraining Order may result in civil and/or criminal penalties, including a jail sentence of up to 6 months and a fine of $500 or 1% of your annual gross income, whichever is more.

Punitive Contempt of Court in Oregon Punitive contempt actions can result in ?confinement.? This means jail time, and this penalty is what distinguishes them from remedial actions. ORS 33.065 limits the filing of punitive contempt actions to a city attorney, district attorney, or the Oregon Attorney General.

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Portland Oregon Notice To Respondent Request For Hearing