Free INSTRUCTIONS for Modifying (Changing) a Restraining Order - Oregon

CHANGING A FAMILY ABUSE PREVENTION ACT (FAPA) RESTRAINING ORDER
Procedures vary from court to court. Please check with your local court for filing instructions. MAY I GET A RESTRAINING ORDER CHANGED? Yes, but only the terms that involve the custody and parenting time of the children. Either person can ask for a change of custody or parenting time in a restraining order any time after the order is issued (as long as it has not expired or been dropped). HOW DO I ASK FOR A CHANGE TO THE RESTRAINING ORDER? To request a change to a restraining order, fill out the Motion, Affidavit and Order to Show Cause re: Modifying Restraining Order in Packet #2 and file it with the court. The judge will sign an order for the other party to appear. Some courts set a hearing when you file the papers. Some courts do not set a hearing until the other person has been served and given 30 days to respond. Check with the court clerk of the county that issued the order to be sure you follow the right process. WHAT HAPPENS NEXT? After you file your papers, court staff will make copies for you. You will need to have one of the copies personally given to the other person by a sheriff, a private process server or any mentally competent person who is 18 or older, as long as the person lives in the state where the papers are served. You cannot serve the papers yourself. The server is required to complete and file with the court a declaration of service. There is a form in the packet, but some servers use their own forms. If your local court sets a hearing, it is very important for you to attend, or the judge may dismiss your request. Be sure the court always has your current contact addresses and contact phone numbers so you get notice of any hearing. If your packet includes an Order After Hearing from, you should take it to the hearing. The judge will need to write down his/her decision on the form and sign it. If you cannot go to the hearing due to an emergency, call the court clerk right away. If you have requested these changes in a court that does not schedule a hearing, please contact the court clerk to make sure you are following the correct procedures. If your local court does not set a hearing until the other party has responded, and the other party has NOT filed a response within 30 days after getting the papers, it is your responsibility to turn in the Order After Hearing form for the judge to sign. The court clerk can tell you where to file the order. DO I NEED A LAWYER? It may be helpful to have an attorney represent you at the hearing, but it is not required. If you have questions about how the law works or what it means, you may need to talk to a lawyer. Court staff cannot give you any legal advice. If you need help finding a lawyer, you may call the Oregon State Bar's Lawyer Referral Service or Modest Means program at (503) 684-3763 or (800) 452-7636. You may want to ask the court staff if your area has any legal services (legal aid) programs that might help you. WHAT IF I NEED AN ACCOMMODATION OR AN INTERPRETER? If you have a disability and need accommodation, or you are unable to speak English and need a foreign language interpreter, you must tell the court as soon as possible, but at least four days before your hearing. Tell the clerk that you have a disability and what type of assistance you need or prefer, or which language you speak.

INSTRUCTIONS - CHANGING (MODIFYING) A FAPA RESTRAINING ORDER ­Page 1 of 1
(FAPA 6/08)