Free INSTRUCTIONS FOR GETTING A RESTRAINING ORDER - Oregon


File Size: 384.1 kB
Pages: 24
Date: August 22, 2008
File Format: PDF
State: Oregon
Category: Court Forms - Local
Author: robin
Word Count: 8,734 Words, 53,327 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.ojd.state.or.us/lin/home.nsf/Files/FAPAwebPacket.pdf/$File/FAPAwebPacket.pdf

Download INSTRUCTIONS FOR GETTING A RESTRAINING ORDER ( 384.1 kB)


Preview INSTRUCTIONS FOR GETTING A RESTRAINING ORDER
LINN COUNTY COURTS NOTICE TO PETITIONERS FOR FAPA RESTRAINING ORDERS (FAPA = FAMILY ABUSE PREVENTION ACT)
You MUST have these papers completed and turned into the cashier at 8:00AM to be heard by a judge today. If you receive a FAPA restraining order you need to understand the following: If you are asking for the restraining order you are the PETITIONER. The RESPONDENT is the person the order is against. The restraining order does not take effect until it is served upon (given to) the respondent by the sheriff. You must take the restraining order back down to Room 107 this morning immediately after leaving the courtroom. There it will be filed and sent to the sheriff for service on the respondent. Once the order is served upon the respondent it is in effect for one year from the date it was signed. It may be renewed for a year if you apply for renewal before it expires. At that time you will have to tell a judge why the order should be renewed. You must appear and have your Petition to Renew the Restraining Order completed and turned into the cashier at 8:00AM if you want to be heard by a judge today. The respondent may contest this order by asking for a hearing. If contested, there will be a hearing within five (5) judicial (working) days after the respondent requests it if child custody is provided for in the order. If there is no child custody provision in the order there will be a hearing within twenty-one (21) judicial days. You will be notified of any such hearing by mail. It is therefore very important that you keep the court informed of your address at all times so that you receive notice. In some cases, the court will set an "exceptional circumstances" hearing when you see the judge. If that is the case, a prominent notice (look on the order and the clerk's notice to you) will indicate when that hearing is to be held. If you fail to appear at any hearing mentioned in this paragraph the restraining order will be dismissed. This order cannot be changed or otherwise dismissed unless you file a Motion and Affidavit to Dismiss. This form is available in Room 107. If you would like to be heard by a judge today, the Motion and Affidavit to Dismiss must be completed, notarized and filed with the court clerk in Room 107 at 8:00AM. This restraining order must be enforced by you to be effective. Any time and every time that the respondent violates this order you must call the police immediately. FAPA restraining orders are not intended to resolve your child custody and parenting time problems. If you want the court to address those problems in detail you should file the appropriate documents with the court in a domestic relations case. If you have questions about that see an attorney or speak with the Family Court Services Specialist in Room 107. THIS INFORMATION SHEET IS NOT LEGAL ADVICE NOR IS IT A SUBSTITUTE FOR LEGAL ADVICE. IF YOU HAVE QUESTIONS ABOUT YOUR LEGAL RIGHTS OR OBLIGATIONS YOU SHOULD CONTACT A LAWYER.

LINN COUNTY INSTRUCTIONS ­ OBTAINING A FAPA RESTRAINING ORDER - Page 1 of 1
(FAPA 6/08)

GETTING A FAMILY ABUSE PREVENTION ACT RESTRAINING ORDER Procedures vary from court to court. Check with your local court for filing instructions. What Are The Requirements For Getting A Restraining Order? You must be at least 18 years old or You are younger than 18 and the person who abused you is at least 18 and you are (or were) married to that person or you have been in a sexual relationship with that person. 2. Relationship The person who abused you is: your husband, wife or domestic partner your former husband, wife or domestic partner an adult with whom you are living (or did live) in a sexual relationship an adult with whom you have been in a sexual relationship in the last two years an adult related to you by blood, marriage, or adoption the parent of your child In the last 180 days*, the person who abused you must have: 3. Abuse 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 1. Age (*Any time period when the person who abused you was in jail or lived more than 100 miles from your home does not count as part of the 180 day period. This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.) 4. Ongoing Danger You are in danger of more abuse very soon, and the person who abused you is a threat to the physical safety of you or your children.

NOTE: A judge cannot give you a restraining order solely for threats to take your children, rude behavior, verbal or emotional abuse, or damaged property unless you were in fear that you were about to be physically injured. What Is A Restraining Order? A restraining order is a court order that tells the person who hurt you (the respondent) to leave you and your children alone. It can tell the respondent to move from your home and can deal with temporary custody and parenting time of your children. You can ask the judge to add other orders (listed in the restraining order papers) that you think will help you stay safe. You also can ask the court to include an order that says the respondent cannot have guns. A restraining order can deal with custody and parenting time issues only temporarily. To get "permanent" custody and parenting time orders, you will need to a file a family law case, such as a divorce or a custody case. Where Do I File For A Restraining Order And How Much Does It Cost? You must file for a restraining order in the courthouse in the county where either you or the respondent live. Getting a restraining order is free.
LINN COUNTY INSTRUCTIONS ­ OBTAINING A FAPA RESTRAINING ORDER - Page 1 of 3
(FAPA 6/08)

How Do I Fill Out The Papers To Get A Restraining Order? Use a blue or black ballpoint pen and write clearly. Answer each question carefully and tell the truth. Do not write in the part of the papers that say "Judge's Initials." You will need to sign in front of a notary or court clerk. Bring ID (photo ID is best). If available, a court facilitator or advocate may be able to help you with the forms. They cannot answer legal questions. What Happens After I Fill Out the Papers? A time will be set for the judge to look over your papers. The judge may ask you some questions. If the judge gives you the restraining order, court staff will make copies for you. You will need to have one of the copies hand-delivered to the other person by a sheriff's deputy (free in Oregon), a private process server or any adult, 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. Talk to the court clerk about ways to get the respondent served. The respondent cannot be punished for violating (not following) the restraining order until after service. Will A Hearing Be Scheduled? In a few cases, the judge may wait to make a custody order and will set a hearing to get more information about the children from you and the respondent. You must go to that hearing or the order will probably be dismissed (dropped). Otherwise, the respondent has 30 days from the date of service to request a hearing. If the respondent does not request a hearing, the restraining order will stay in effect. If the respondent does request a hearing, it will be held very quickly. You may have as little as two days to get ready to go to the hearing. If the hearing is scheduled more than a few days away, the court will send you notice of the time and date of the hearing in the mail. If there is not enough time to mail you a notice, the court may contact you by telephone. Be sure the court always has your current contact addresses and contact phone numbers so you get notice of any hearing. You also can call the court to check to see if a hearing has been set. You must go to the hearing or the order will probably be dropped. If you cannot go to the hearing due to an emergency, call the court clerk right away. It may be helpful to have an attorney represent you at the hearing, but it is not required. What Happens At The Hearing Requested by the Respondent? The purpose of the hearing is to decide whether or not the restraining order will remain in effect, and if it does remain in effect, if the order will stay the same or change in some way. The judge may decide not to change the order even if both sides agree that they want the same changes. At the hearing, you must prove that you have been abused and that you are in danger of further abuse. You should be ready to give your own testimony, call witnesses, and give the judge any evidence you have (such as photos of your injuries). In some cases, if the restraining order stays in effect, it will be against the law for the respondent to have guns. If you are worried about your safety, you may ask for a sheriff's deputy to be present in the courtroom.

LINN COUNTY INSTRUCTIONS ­ OBTAINING A FAPA RESTRAINING ORDER - Page 2 of 3
(FAPA 6/08)

How Long Does A Restraining Order Last? A restraining order lasts for one year from the date the judge signed it or until it is dropped by a judge. It can be renewed for one year at a time, if the judge believes you are likely still in danger. To renew the order, you must file the court paperwork before the order ends. What Can I Do If The Respondent Violates (Does Not Follow) The Restraining Order? You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If found guilty of contempt, the respondent can be fined, placed on probation, or put in jail. It is best that you carry a copy of the restraining order with you at all times and that you not contact the other party. A restraining order does not guarantee your safety. You can take other steps to stay safe. A domestic violence or sexual assault program can help. For information, go to www.ojd.state.or.us/familylaw and look for the "Domestic Violence Information" link on the left side of the page. What If I Want To Drop The Restraining Order? 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. Can The Restraining Order Be Changed While It Is In Effect? Only custody or parenting time parts of the order can be changed (except at a hearing to contest the order within the first 30 days after the respondent has been served). The party (you or the respondent) who wants to make a change must file paperwork at the courthouse. The paperwork will be served on the other party and the judge will either set a hearing, or ask you to file a written response, to decide whether or not the custody or parenting time orders should be changed. Do I Need A Lawyer? If you have questions about how the law works or what it means, you may need to talk to a lawyer. You are not required to have a lawyer to obtain the restraining order, but you can have a lawyer represent or help you if you wish. If you need help finding a lawyer, you may call the Oregon State Bar's Lawyer Referral Service at 503.684.3763 or 800.452.7636. If you believe you cannot afford a lawyer, ask court staff if your area has a legal services (legal aid) program that might help you. What If I Need An Accommodation Or An Interpreter? If you have a disability and need an 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.

LINN COUNTY INSTRUCTIONS ­ OBTAINING A FAPA RESTRAINING ORDER - Page 3 of 3
(FAPA 6/08)

IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF LINN ) ) ) ) ) ) ) ) ) ) )

Case No.

Petitioner (your full name),

v.

PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE (Family Abuse Prevention Act) ORS 107.700 ­ 107.735

Respondent (full name of person to be restrained).

NOTICE TO PETITIONER You must provide complete and truthful information. If you do not, the court may dismiss any restraining order and may also hold you in contempt. Contact Address: If you wish to have your residential address or telephone number withheld from Respondent, use a contact address and telephone number so the court and the sheriff can reach you if necessary.

I am the Petitioner and I state that the following information is true: I am a resident of Respondent is a resident of Respondent is years old. At the hearing, I will need an interpreter in the County, Oregon. I am County, State of language. years old. .

At the hearing, I will need American's with Disabilities Act accommodations. 1. CHECK and FILL OUT ALL THAT APPLY: A. Respondent is my spouse/domestic partner former spouse/domestic partner. We were married/registered on (date). Our marriage/partnership was dissolved on (date). B. Respondent and I are adults related by blood, marriage, or adoption. Respondent is my (type of relationship). C. Respondent and I have been cohabitating (living together in a sexually intimate relationship) since (date), or cohabitated from (date) to (date). D. Respondent and I have been involved in a sexually intimate relationship within the last two years. E. Respondent and I are the unmarried parents of a child. F. I am a minor and have been involved in a sexually intimate relationship with Respondent, who is 18 years of age or older.

LINN COUNTY PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 1 of 6
(FAPA 6/08)

2.

WITHIN THE LAST 180 DAYS**, RESPONDENT HAS (check all that apply): A. Caused me bodily injury. B. Attempted to cause me bodily injury. C. Placed me in fear of imminent bodily injury. D. Caused me to engage in involuntary sexual relations by force or threat of force **THE 180 DAY PERIOD CAN BE INCREASED BY THE AMOUNT OF TIME RESPONDENT WAS IN JAIL, IN PRISON, OR LIVED MORE THAN 100 MILES FROM YOUR HOME: The Respondent was incarcerated from to The Respondent lived more than 100 miles from my home from (date). . to

3.

DESCRIBE THE INCIDENT(S) OF ABUSE THAT HAPPENED IN THE LAST 180 DAYS: Describe how Respondent hurt or threatened to hurt you, starting with the most recent incident: Date: ,County/State: :

Date:

, County/State:

:

Date:

, County/State:

:

Additional pages attached labeled "Paragraph 3: Description of Abuse"
LINN COUNTY PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 2 of 6
(FAPA 6/08)

4.

Are there incidents other than those described above in which the Respondent has hurt or threatened to hurt you before the 180 day period above? If yes, explain: Describe how Respondent hurt or threatened to hurt you, starting with the most recent incident: Date: , County/State: :

Date:

, County/State:

:

Date:

, County/State:

:

Additional pages attached labeled "Paragraph 4: Additional Abuse" 5. I am in imminent danger of further abuse by Respondent and the Respondent is a threat to my physical safety or the physical safety of my child/ren because:

6.

IN ANY OF THE ABOVE INCIDENTS OR OTHER INCIDENTS OF ABUSE: A. Were you injured? Yes No Describe:

B. Did you seek medical treatment? Yes No Describe:

C. Were weapons involved? Yes No Describe:

D. Were drugs or alcohol involved? Yes No Describe:

E. Were the police called? Yes No Who was arrested?
LINN COUNTY PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 3 of 6
(FAPA 6/08)

7.

The Respondent has access to firearms now, or I am concerned about his/her getting firearms. I want the Respondent ordered not to possess or purchase firearms or ammunition because (explain how your and/or your children's safety and welfare are affected by Respondent's possession of firearms):

8. 9.

There is another restraining order and/or stalking order between Respondent and me: County, State of , Case # There is another court case between Respondent and me for divorce/dissolution, annulment, legal separation, or paternity in: County, State of Case # . ,

10. I need an order requiring Respondent to move from my residence. (Check all that apply.) The residence is solely in my name, or jointly owned, or jointly leased by me and Respondent, or jointly rented by me and Respondent, or Respondent is my spouse/registered domestic partner. 11. I request that Respondent pay me emergency monetary assistance (one time payment) to help me and/or my child/ren in the amount of $ for (describe why needed):

JOINT CHILD/REN 12. THE CHILD/REN OF RESPONDENT AND ME WHO ARE UNDER THE AGE OF 18: Name Age Birthdate Gender/Sex

Additional pages attached labeled "Paragraph 12: Joint Child/ren" 13. The child/ren are now living with (address/contact address). For how long? at

14. Where have the child/ren listed in Paragraph 12 above lived for the last five years and with whom (starting with the most recent location)? Child's Name Lived With From To County & State (date) (date)

Additional pages attached labeled "Paragraph 14: Child/ren-Past 5 Years"
LINN COUNTY PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 4 of 6
(FAPA 6/08)

15. My child/ren have lived in Oregon for the last 6 months. My child/ren have NOT lived in Oregon for the last 6 months BUT my child/ren and I are now living in Oregon and I want the Court to award me custody because of an EMERGENCY. Describe the emergency:

16. If you and Respondent are unmarried, has legal paternity of your child/ren been established? Yes No If yes, in what way? Birth Certificate Child Support Proceeding Voluntary Acknowledgment Paternity Lawsuit Other: 17. Is there another court order (other than child support) now in effect concerning any of the child/ren listed above? Yes No If yes: Date of Order: Case #: Filed in County, State of 18. A. I have not participated as a party, witness or in any other capacity in any other proceeding concerning the custody, parenting time or visitation of the child/ren listed EXCEPT: B. I know of no other proceeding that could affect this case (including any other legal case for custody/parenting time enforcement or relating to domestic violence, protective orders, termination of parental rights and adoptions) in this or any other state EXCEPT: C. I know of no one, other than Respondent, who has physical custody of the child/ren or who claims custody, parenting time or visitation rights with the child/ren EXCEPT: 19. I believe that I will need the assistance of a peace officer to regain custody of my child/ren from the Respondent. The address(es) where the child/ren can most likely be found are listed on the proposed Order. I believe the child/ren are most likely to be found there because: 20. The Department of Human Services (Child Welfare) is involved with my child/ren. Explain:

NOTICE TO PETITIONER You must notify the court of any change of address/contact address or telephone number/contact telephone number. All notices of hearing will be sent to this address and the court may dismiss the restraining order if you do not appear at a hearing. If you wish to have your residential address or telephone number withheld from Respondent, use a "contact address" and "contact telephone number" so the Court and the Sheriff can reach you if necessary. ///
LINN COUNTY PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 5 of 6
(FAPA 6/08)

I ASK THE COURT TO ORDER MY REQUESTS AS MARKED ON THE RESTRAINING ORDER. I hereby declare that the above statements are true to the best of my knowledge and belief, and that I understand they are made for use as evidence in court and are subject to penalty for perjury.

Signature of Petitioner STATE OF OREGON County of ) ) ) day of , 20 . (Print Name of Petitioner) by

This instrument was acknowledged before me this

NOTARY PUBLIC FOR OREGON/COURT CLERK My commission expires: 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: 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, Petitioner Attorney for Petitioner OSB No. (if applicable)

Address or Contact Address

City, State, Zip Telephone Number

Telephone or Contact

LINN COUNTY PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 6 of 6
(FAPA 6/08)

CONTESTING A FAMILY ABUSE PREVENTION ACT RESTRAINING ORDER (FAPA) Procedures vary from court to court. Check with your local court for filing instructions. WHAT IF I DISAGREE WITH SOME OR ALL OF THE RESTRAINING ORDER? The judge granted the restraining order based on input from the other side (the Petitioner). If you disagree with information given to the judge, or you disagree with all or part of the order, you have a right to give the judge your input. HOW DO I OBJECT TO THE RESTRAINING ORDER? If you want a judge to consider whether the restraining order should remain in effect, or change some of the things in the restraining order, you must fill out the form called "Request for Hearing." The "Request for Hearing" form is part of the court paper that says "Notice to Respondent/Request for Hearing" on the top, right hand side of the page. You should have received a copy of this form when you were served with the restraining order. If you did not receive one, you may download the Request for Hearing form from the state website, www.ojd.state.or.us/familylaw, or contact the court that issued the order. You have 30 days after you are served with the restraining order to ask the judge to dismiss or change any part of the order, including child custody, by filing a "Request for Hearing." The Request for Hearing must be filed with the court within 30 days from the date you were served. If you request a hearing and the judge continues the Restraining Order, federal law may prohibit you from possessing or purchasing any firearm or ammunition (including hunting rifles). If it has been more than 30 days since the date you were served, the only type of hearing you may request is to make changes to custody and/or parenting time parts of the Restraining Order. Either party may request this type of hearing. You may request such a hearing by asking the clerk at the courthouse for the forms needed to "modify" a restraining order. The judge may schedule a hearing to decide whether or not to change the order. The judge may decide not to change the order even if both sides agree that they want the same changes. WHAT HAPPENS IF I DO NOT OBJECT? If you do not ask for a contested hearing within the first 30 days after you receive the court papers, the Restraining Order will continue for one year from the date the judge signed it. It can also be renewed for one year at a time after that. WHEN WILL THE CONTESTED HEARING BE HELD? If the court has already ordered a hearing about custody of your children (sometimes called an "exceptional circumstance hearing"): If the court has found that there are "exceptional circumstances" regarding custody of the child/ren, the court will schedule a hearing to be held within 14 days. The boxes on the upper left-hand corner of the restraining order and "Notice to Respondent/Request for Hearing" will give you information about the date and place for that hearing. At the hearing, you will be asked to provide information about your children.

Important: If the court has scheduled a hearing and you have other objections to the
restraining order (besides those about child custody), you must tell them to the judge at the hearing that has been scheduled by the court. You cannot fill out a Request for Hearing form afterwards and request another hearing.
LINN COUNTY INSTRUCTIONS-CONTESTING A FAMILY ABUSE PREVENTION ACT RESTRAINING ORDER (FAPA)- Page 1 of 2(FAPA 6/08)

If the court has NOT ordered a hearing but you would like to request one: If you ask the judge to make a change relating to child custody, the court must hold the hearing within 5 business days of your request. If you are not asking the judge to change child custody, the court must hold the hearing within 21 days of your request. If the hearing is scheduled more than a few days away, the court will send you notice of the time and date of the hearing in the mail. If there is not enough time to mail you a notice, the court may contact you by telephone. Be sure the court always has your current contact addresses and contact phone numbers so you get notice of any hearing. You also can call the court to check to see if a hearing has been set. If you do not go to the hearing, you will lose your chance to ask the judge to dismiss or change the Restraining Order. If you cannot go to the hearing due to an emergency, call the court clerk right away. It may be helpful to have an attorney represent you at the hearing, but it is not required. WHAT WILL HAPPEN AT THE HEARING I REQUEST? The purpose of the hearing is to decide whether or not the restraining order will remain in effect, and if it does remain in effect, if the order will stay the same or change in some way. If you would like more information about what to expect at the hearing, go to www.ojd.state.or.us/familylaw and look for the "Domestic Violence Information" link on the left side. From there, click on "Information for Respondents." DO I NEED A LAWYER? If you have questions about how the law works or what it means, you may need to talk to a lawyer. You are not required to have a lawyer to contest the restraining order, but you can have a lawyer represent or help you if you wish. If need help finding a lawyer, you may call the Oregon State Bar's Lawyer Referral Service at 503.684.3763 or 800.452.7636. If you believe you cannot afford a lawyer, ask 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 an accommodation, or you are unable to speak English and need a 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. If the clerk says there will be a "5 day hearing," be sure to tell the clerk you will need an interpreter or accommodations the same day you file your "Request for Hearing" form.

LINN COUNTY INSTRUCTIONS-CONTESTING A FAMILY ABUSE PREVENTION ACT RESTRAINING ORDER (FAPA)- Page 2 of 2(FAPA 6/08)

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 LINN

________________________________ 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.

LINN COUNTY NOTICE TO RESPONDENT/REQUEST FOR HEARING (FAPA)- Page 1 of 4(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 Linn County Circuit Court; P.O. Box 1749; 300 SW 4th Street; Albany, OR 97321.

LINN COUNTY NOTICE TO RESPONDENT/REQUEST FO RHEARING (FAPA)- Page 2 of 4 (FAPA 6/08)

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

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:

LINN COUNTY NOTICE TO RESPONDENT/REQUEST FO RHEARING (FAPA)- Page 3 of 4 (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

LINN COUNTY NOTICE TO RESPONDENT/REQUEST FO RHEARING (FAPA)- Page 4 of 4 (FAPA 6/08)

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:____________ Courtroom: ________________________ (To Be Completed by Court Staff Only) IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF LINN

) ) ) vs. ) ) ) Respondent (full name of person to be restrained/date of birth). ) Petitioner (your full name) (date of birth),

Case No. _____________________ RESTRAINING ORDER TO PREVENT ABUSE (Family Abuse Prevention Act)

NOTICETO RESPONDENT: You must obey all of the provisions of this Restraining Order, even if the Petitioner contacts you or gives you permission to contact him/ her. Violation of this Restraining Order may result in your arrest and in civil and/or criminal penalties. This order is enforceable throughout Oregon and in every other state. Review this order carefully. See the attached "NOTICE TO RESPONDENT/REQUEST FOR HEARING" for more information about your rights to a hearing.
The Court, having reviewed the Petition, and having heard testimony, makes the following findings: 1. Judge's Initials 1.__________ Petitioner and Respondent are RELATED as follows: A. Petitioner and Respondent are spouses/ registered domestic partners, or former spouses/ former registered domestic partners. B. Petitioner and Respondent are adults related by blood, marriage or adoption. C. Petitioner and Respondent have been cohabitating (living together in a sexually intimate relationship) since (date), or cohabitated from (date) to (date). D. Petitioner and Respondent have been involved in a sexually intimate relationship within the last two years. E. Petitioner and Respondent are the unmarried parents of a child/ren. F. Petitioner is a minor and has been involved in a sexually intimate relationship with Respondent who is 18 years of age or older. 2._________ Respondent has ABUSED Petitioner as defined by ORS 107.705; the abuse occurred WITHIN THE LAST 180 DAYS as provided in ORS 107.710; Respondent represents a CREDIBLE THREAT to the physical safety of Petitioner or Petitioner's child/ren; and the Petitioner is in IMMINENT DANGER OF FURTHER ABUSE.

2.

LINN COUNTY RESTRAINING ORDER TO PREVENT ABUSE - Page 1 of 8
(FAPA 6/08)

Judge's Initials 3. This order involves minor CHILDREN. A. Oregon has JURISDICTION over the issues of the child/ren custody and parenting time under ORS 109.701 to 109.834 on the following grounds:

3A.

1. Oregon is the child/ren's home state OR No other state has home state jurisdiction OR All courts with jurisdiction on home state or significant connections grounds declined jurisdiction OR is the child/ren's home state but it has declined jurisdiction AND the children's parents or a person acting as a parent has significant connections with Oregon and substantial evidence is available here concerning the children's care, protection, and personal relationships. ORS 109.741 (1)(a)(b) and (c). 2. Oregon was the home state within six months before this proceeding was commenced and the child/ren are absent from the state but a parent or person acting as a parent continues to live in Oregon. ORS 109.741(1)(a) 3. Emergency grounds exist for the exercise of temporary jurisdiction because the child/ren are present in this state and have been abandoned or it is necessary to protect the child/ren because the child/ren, or a sibling or parent of the child/ren is subjected to or threatened with mistreatment or abuse. ORS 109.751 B. Existence of other orders concerning the minor children involved: 3B. PRIOR ORDER EXISTS ELSEWHERE: A previous child/ren custody, parenting time, guardianship or juvenile dependency determination has been made in _______________________________________________ (State/Tribe/Country). CUSTODY/PARENTING TIME MATTER PENDING: A child/ren custody, parenting time, guardianship, or juvenile dependency proceeding has been commenced in ____________________________________ (State/Tribe/Country). NO PRIOR ORDER EXISTS AND NONE IS PENDING: No child/ren custody, parenting time, guardianship or juvenile dependency determination has been issued or proceeding commenced in another state, tribe or country having jurisdiction under ORS 109.701-109.834. The custody and parenting time provisions in this Order shall become a final determination for purposes of the Uniform Child/ren Custody Jurisdiction and Enforcement Act if Oregon becomes the home state of the child/ren. INTERSTATE JUDICIAL COMMUNICATION is needed because: 3C. A custody/parenting time/child/ren placement matter is CURRENTLY PENDING in another state/tribe/country, or Oregon is exercising Temporary Emergency Jurisdiction under the UCCJEA in this protective order and ANOTHER STATE/TRIBE/COUNTRY HAS ALREADY ISSUED a custody/parenting time/child/ren placement order. EXCEPTIONAL CIRCUMSTANCES exist that affect the custody of the child/ren. 3D.

C.

D.

4.

4. EMERGENCY MONETARY ASSISTANCE: The Court finds that emergency monetary assistance is necessary to provide for the safety and welfare of the Petitioner and/or one or more child/ren in the custody of the Petitioner.

/// /// LINN COUNTY RESTRAINING ORDER TO PREVENT ABUSE - Page 2 of 8
(FAPA 6/08)

IT IS HEREBY ORDERED THAT: Judge's Initials Petitioner's Request (check all that apply): 1. 1. Respondent is restrained (prohibited) from intimidating, molesting, interfering with or menacing Petitioner, or attempting to intimidate, molest, interfere with or menace Petitioner directly or through third parties. 2. 2. Respondent is restrained (prohibited) from intimidating, molesting, interfering with or menacing, or attempting to intimidate, molest, interfere, or menace, the minor child/ren in Petitioner's custody directly or through third parties. 3. 3. Except as otherwise set out in this Order, Respondent is restrained (prohibited) from entering or attempting to enter, or remaining in, the area within 150 feet of the building and land at the following locations: (include names/addresses unless withheld for safety reasons) a. Petitioner's current or future residence. b. c. d. Petitioner's current or future business or place of employment Petitioner's current or future school. Other locations:

4. 4. Respondent shall not knowingly be or stay within 150 feet or _______ feet (other distance) of Petitioner unless otherwise ordered by the Court as follows:

Nothing in this restraining order prevents Respondent from appearing in a court hearing as a party or witness or attending other court-related processes in cases involving the Petitioner. At such times Respondent must stay at least feet away from the Petitioner and follow any additional protective terms ordered in that case. 5. 5. Except as otherwise set out in this Order, Respondent is restrained (prohibited) from: a. Contacting, or attempting to contact, Petitioner in person directly or through third parties. b. Contacting, or attempting to contact, Petitioner by mail or e-mail, or any other electronic transmission, except for mailing court-ordered emergency monetary assistance, checks or money orders directly or through third parties. c. Contacting, or attempting to contact, Petitioner by telephone, including cell phone or text messaging directly or through third parties. d. Exceptions to the restraint from third party contact is as follows (list purpose/s and person/s):

LINN COUNTY RESTRAINING ORDER TO PREVENT ABUSE - Page 3 of 8
(FAPA 6/08)

6. Respondent is restrained (prohibited) from entering, attempting to enter, or remaining at: a. daycare.

Judge's Initials 6.

The child/ren's current or future day care provider, or removing them from

b The child/ren's current or future school, or removing them from the school. 7. Respondent shall move from and not return to the residence located at 7.

except with a peace officer to remove essential personal effects of the Respondent, and if the Respondent is the custodial parent, essential personal effects of Respondent's child/ren, including, but not limited to: clothing, toiletries, diapers, medications, social security cards, birth certificates, identification and tools of the trade. 8. 8. A peace officer shall accompany the Petitioner to the parties' residence to remove essential personal effects of Petitioner, and if the Petitioner is the custodial parent, essential personal effects of the Petitioner's child/ren, including, but not limited to: clothing, toiletries, diapers, medications, social security cards, birth certificates, identification and tools of the trade. 9. 9. Emergency Monetary Assistance: The Respondent is ordered to pay Petitioner $ as Emergency Monetary Assistance by the 45th day after Respondent is served with this Restraining Order by check or money order. Payment is to be made by mail to the following address: 10. 10. Firearms. Respondent shall not purchase or possess any firearms or ammunition. Event Code: FQOR Other orders regarding firearms (for court use only):

FIREARMS NOTIFICATION If the firearms prohibition in Paragraph 10 is initialed by the judge, it IS unlawful under OREGON state law for you to possess or purchase a FIREARM, including a rifle, pistol, or revolver, and AMMUNITION. You should consult an attorney if you have questions about this. EVENT CODE: NOGR 11. Other Relief: 11.

LINN COUNTY RESTRAINING ORDER TO PREVENT ABUSE - Page 4 of 8
(FAPA 6/08)

Judge's Initials 12. 12. TEMPORARY CUSTODY of the following child/ren is ordered as follows, subject to the parenting time terms set forth in Paragraphs 17 and 18 below. CHILD CUSTODY Party to Have Custody (Petitioner or Respondent) Child/ren's Name Date of Birth Age

Additional page attached labeled, "Paragraph 12 continued." 13. 13. A peace officer of the county or city where the child/ren are located shall assist in recovering the custody of the parties' child/ren that was awarded to Petitioner. The peace officer is authorized to use any reasonable force to that end, including forcible entry into the following specific premises (list the address(es) where the child/ren are most likely to be found and why):

14. (For court use only) Effect of Prior Custody Order (ORS 107.722) A CUSTODY ORDER ALREADY EXISTS in Case # filed in County, Oregon, or

14. (another state/tribe).

14A. NO new custody order is made because the terms in the existing order or judgment shall continue to apply. 14B. The child/ren custody provisions in paragraph 12 of this Restraining Order are necessary to protect the safety and welfare of the child/ren or Petitioner but they CONFLICT with the custody provisions in the already existing order or judgment. Therefore, the child/ren custody provisions in this Restraining Order shall remain in effect only until this Restraining Order expires or is cancelled, until a new order is issued in the other case, or until (date), whichever occurs first. 15. 15. Exceptional Circumstances Hearing: The Court has found that exceptional circumstances affecting custody exist, so NO custody order is entered at this time about the parties' child/ren. Both parties shall instead appear at a hearing as indicated in the box on the upper left-hand corner of page 1 of this Restraining Order. This hearing will be the respondent's only chance to contest this order. The purpose of the hearing will be to consider the temporary custody of the parties' child/ren and other issues that may be contested by the Respondent. At the hearing, the court may cancel or change this Order. 16. 16. Until the Exceptional Circumstances Hearing, the residence of the child/ren and the parental contact with the child/ren shall be as follows:

LINN COUNTY RESTRAINING ORDER TO PREVENT ABUSE - Page 5 of 8
(FAPA 6/08)

Judge's Initials 17. 17. The parent not awarded temporary custody shall have parenting time with the minor child/ren listed in paragraph 12 beginning on , as follows: PARENTING TIME a. NO PARENTING TIME because (explain why Respondent should not have parenting time): 17a.

b. SUPERVISED PARENTING TIME: 3 hours or _______ hours per week supervised by , as follows:

17b.

c. PARENTING TIME as follows (day/s of week, place, times) or as attached:

17c.

AND/OR Every weekend from

(day) a.m./p.m. until (day) to a.m./p.m. FIRST AND THIRD or SECOND AND FOURTH weekends from (day) a.m./p.m. until (day) to a.m./p.m. Once per week on (day) a.m./p.m. until (day) to a.m./p.m. d. The parent without temporary custody will pick up and return the child/ren at: 17d. Petitioner's Respondent's residence. Petitioner Respondent may remain at the curb (or driveway if no curb), for a maximum of 5 minutes or minutes, for the sole purpose of picking up and/or returning the child/ren. Other location:

18. (For court use only) Effect of Prior Parenting Time Order (ORS 107.722) 18. A PARENTING TIME ORDER ALREADY EXISTS in Case # filed in County, Oregon, or (Another State/Tribe) NO new parenting time order is made because the terms in the existing order or judgment shall continue to apply. The parenting time provisions in this Restraining Order are necessary to protect the safety and welfare of the child/ren or Petitioner but they CONFLICT with the custody provisions in the already existing order or judgment. Therefore, the parenting time provisions in this Restraining Order shall remain in effect only until this Restraining Order expires or is cancelled, until a new order is issued in the other case, or until ______________ (date), whichever occurs first. LINN COUNTY RESTRAINING ORDER TO PREVENT ABUSE - Page 6 of 8
(FAPA 6/08)

19.

Judge's Initials No further service is necessary because Respondent appeared in person before the court. 19.

IT IS FURTHER ORDERED that the SECURITY AMOUNT for violation of any provision of this Order is $5,000 unless otherwise specified here: Other Amount: $ The above provisions of this Restraining Order are in effect for a period of one (1) year from the date of the judge's signature (unless renewed before it expires) or until the Order is dismissed, modified, or replaced, whichever occurs first. CERTIFICATE OF COMPLIANCE WITH FULL FAITH AND CREDIT PROVISIONS OF VIOLENCE AGAINST WOMEN ACT (This is not a Brady Certificate) This Restraining Order meets all full faith and credit requirements of the Violence Against Women Act, 18 U.S.C. 2265 (2002). This Court has jurisdiction over the parties and the subject matter. The Respondent is being afforded notice and timely opportunity to be heard as provided by the law of this jurisdiction. This Order is valid and entitled to enforcement in this and all other jurisdictions. IT IS HEREBY ORDERED that: The Petition for Restraining Order to Prevent Abuse is GRANTED as set forth above. The Petition for Restraining Order is DENIED because: The Petitioner did not establish a claim for relief. The Petitioner did not appear at the time set for the ex parte hearing on his/her petition. Other: DATED: ______________________ JUDGE (Signature)

Print or Type Name of Judge 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: I selected this document for myself and I completed it without paid assistance. I paid or will pay money to Submitted by: for assistance in preparing this form.

Print Name, Petitioner Attorney for Petitioner

OSB No. (if applicable)

Address or Contact Address

City, State, Zip

Telephone or Contact Telephone Number

LINN COUNTY RESTRAINING ORDER TO PREVENT ABUSE - Page 7 of 8
(FAPA 6/08)

RELEVANT DATA PETITIONER (you)_______________________________________________ Female Male Name ***Residence/Contact Address ____________________________________________________________ Number, Street and Apt. Number (if applicable) City County State Zip Telephone/Contact Telephone Number __________________________________________________________ Birthdate____________________ Age _______ Race/Ethnicity Height _____________ Weight_____________ Eye Color_____________ Hair Color

***If you wish to have your residential address or telephone number withheld from Respondent, use a contact address or telephone number so the Court and the Sheriff can reach you if necessary. RESPONDENT _________________________________________________________ Female Male Name Residence Address __________________________________________________________________________ Number, Street and Apt. Number (if applicable) City County Telephone Number Birthdate_________________ Age ______ Race/Ethnicity Height_____________ Weight_____________ Eye Color _____________ State Zip

Hair Color

--------------------------------------------------------------------------------------------------------------------------------------PLEASE FILL OUT THIS INFORMATION TO AID IN SERVICE OF THE RESTRAINING ORDER Where is Respondent most likely to be located? Residence Hours _________________ Employment Hours _________________ Address: ___________________________________________ Other Hours _________________ Address: __________________________________________

Description of Vehicle _______________________________________________________ Is there anything about the Respondent's character, past behavior, or the present situation that indicates that the Respondent may be a danger to others? to him/herself? EXPLAIN: __________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Does the Respondent have any weapons, or access to weapons? EXPLAIN: __________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Has the Respondent ever been arrested for or convicted of a violent crime? EXPLAIN:___________________ __________________________________________________________________________________________ LINN COUNTY RESTRAINING ORDER TO PREVENT ABUSE - Page 8 of 8
(FAPA 6/08)