Free NOTICE to RESPONDENT/REQUEST FOR HEARING - Oregon

TO PETITIONER AND RESPONDENT: NOTICE OF EXCEPTIONAL CIRCUMSTANCES HEARING: The court has scheduled an exceptional circumstances hearing about the temporary custody of your child/ren, on: Date: Time: See below for information about the "Exceptional Circumstances" hearing. IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF _________________

__________________________________ Petitioner (your full name),

v.

________________________________ Respondent (full name of person to be restrained).

) ) ) ) ) ) ) ) )

Case No.

NOTICE TO RESPONDENT/ REQUEST FOR HEARING (Family Abuse Prevention Act)

THIS FORM MUST BE ATTACHED TO ALL COPIES OF THE RESTRAINING ORDER TO RESPONDENT: A RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT WHICH AFFECTS YOUR RIGHTS HAS BEEN ISSUED BY THE COURT. THIS ORDER IS NOW IN EFFECT. You have the right to contest this Restraining Order as set out in the paragraph(s) checked below. An "Exceptional Circumstance" Hearing Has Been Scheduled. (This means that the box in the upper left hand corner of this page, "Notice of "Exceptional Circumstances" Hearing," has been filled out.) The court has determined that there are exceptional circumstances affecting your child/ren and has ordered a hearing to be held on the issue of temporary custody. If you wish to be heard on the issue of temporary custody, you must appear at the date and time stated in the box above. If you disagree with any of the OTHER TERMS of the Restraining Order, you must also appear at the time and place specified above. This will be your only chance to do so. If you do not go to the hearing, the Restraining Order may be upheld (continued) and all matters decided against you. If you want an earlier hearing date that the date specified above, you must complete the request for hearing form below and mail or deliver it to the address on Page 2.

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(FAPA 6/08)



An "Exceptional Circumstances" Hearing Has NOT Been Scheduled. (This means that the box in the upper left hand corner of page 1 is BLANK.) If you want to contest (object to) the terms of this order, including the award of temporary custody to Petitioner, you must complete the attached "REQUEST FOR HEARING" form (on Page 3) and mail or deliver it to the address on Page 2. A REQUEST FOR HEARING must be made within 30 days after you receive the order. You must include your address and telephone number with your request for a hearing. The hearing will be held within 21 days, or within 5 days if you are contesting a temporary custody provision (not parenting time). At the hearing, a judge will decide whether the order should be canceled, changed or continued. If you do not go to the hearing, the restraining order may be upheld (continued) and all matters decided against you. If no hearing date has been set already and you do not request a hearing within 30 days after you receive this Restraining Order, this restraining order will continue in effect as issued.

Enforceability of the Restraining Order The Restraining Order you have received is in effect and remains in effect until the court modifies or dismisses it or until it expires. The order may also be renewed upon a finding that a person in the Petitioner's situation would reasonably fear further acts of abuse by you if the order is not renewed. If you are arrested for violating this order, the security amount (bail) is $5,000, unless a different amount is ordered by the court. This Restraining Order, or any Order continuing or changing this Order, is enforceable in every county in Oregon. It is also enforceable in all 50 states, the District of Columbia, tribal lands and territories of the United States. Violation of the Restraining Order Violation of any part of this restraining order, or any order continuing or changing this order, constitutes contempt of court, punishable by a fine of up to $500 or one percent of your annual gross income, whichever is greater, or a jail term of up to six months, or both. Other consequences may also be imposed for contempt. Federal Restrictions FIREARMS PROHIBITIONS MAY APPLY TO YOU! As a result of this Order, or any Order continuing or changing this Order, it may be unlawful for you to possess or purchase a firearm, including, a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. § 992(g)(8), as well as state and local law. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney. You may also be subject to further restrictions and prohibited from: · Traveling across state lines or tribal land lines with the intent to violate this Order and then violating this Order. · Causing the Petitioner to cross state lines or tribal land lines for the purpose of violating the order · Possessing, receiving, shipping or transporting any firearm or firearm ammunition. Other Laws May Also Apply To You Whether or not a Restraining Order is in effect, federal law may prohibit you from: · · Traveling across state lines or tribal land lines with the intent to injure the Petitioner and then intentionally committing a crime of violence causing bodily injury to the Petitioner. Causing the Petitioner to travel across state lines or tribal land lines if your intent is to cause bodily injury to the Petitioner or if the travel results in your causing bodily injury to the Petitioner.

IF YOU COMPLETE THE REQUEST FOR HEARING FORM, YOU MUST MAIL OR DELIVER IT TO (address of court):

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(FAPA 6/08)

REQUEST FOR HEARING (To Be Completed By Respondent Only) IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF _________________

Petitioner (your full name),

v.

________________________________ Respondent (full name of person to be restrained).

) Case No. ) ) ) REQUEST FOR HEARING ) (Family Abuse Prevention Act) ) ) ) )

I am the Respondent in the above-referenced action and I request the following: Select Paragraph 1 OR 2 below. 1. THE COURT HAS ORDERED AN "EXCEPTIONAL CIRCUMSTANCES" HEARING, but I am requesting an earlier hearing date to be held within 5 days after the date I file this request with the court, which is earlier than the date of the hearing already scheduled by the court which is (date). I will also be contesting (objecting to) all or a part of the order as follows (mark one or more): The order restraining me from contacting, threatening or attempting to contact the Petitioner. The order granting temporary child/ren custody to the Petitioner. The terms of the parenting time order. Other:

2.

NO HEARING DATE HAS BEEN SET, and I am requesting a hearing to contest (object to) all or a part of the order as follows (mark one or more): The order restraining me from contacting, threatening or attempting to contact the Petitioner. The order granting temporary child/ren custody to the Petitioner. The terms of the parenting time order. Other:

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(FAPA 6/08)

I will will not be represented by an attorney at the hearing. The name and Bar Number of the attorney (if known) are: I will need language interpretation services at the hearing. I will need American's with Disabilities Act accommodations at the hearing.

Notice of the time and place of the hearing can be mailed to me at the address below. Respondent's Signature Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply below: I selected this document for myself and I completed it without paid assistance. I paid or will pay money to ___________________________________ for assistance in preparing this form. Submitted by: Print Name, Respondent Attorney for Respondent OSB No. (if applicable)

Address or Contact Address

City, State, Zip

Telephone or Contact Telephone Number

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(FAPA 6/08)