Jackson County Courthouse Restraining Order – Fill Out and Use This PDF

Ja ck son Cou n t y Re st r a in in g Or d e r Pr oce ss

• Rest r aining Or der Hear ings ar e set daily at 1: 00pm .

•Docum ent s m u st be com ple t e d a n d su bm it t e d by 1 0 :3 0 a m t o be

scheduled for a hear ing t hat sam e day .

•Docum ent s t hat ar e incom plet e and/ or subm it t ed aft er 10: 30am w ill be scheduled for hear ing t he follow ing day .

• Aft er t he hear ing, please hav e a seat in t he lobby and w e w ill call y our nam e w hen y our copies ar e r eady . This pr ocess t ak es appr ox im at ely 45 - 60

m inut es.

•This pack et consist s of:

OCOM M U N I TY W ORKS V I CTI M SERV I CES I N FORM ATI ON PAGE

OI N STRU CTI ON S - Please r ead t hese inst r uct ions t hor oughly as t hey

descr ibe t he qualificat ions for obt aining a Rest r aining Or der

OPETI TI ON – Com plet e ent ir ely but DO NOT SI GN unt il y our signat ur e can be w it nessed by a cour t cler k or not ar y .

O RESTRAI N I N G ORD ER – Com plet e t he nam es at t he t op of page 1,

t hen sk ip t o page 3 t o begin m ar k ing w hat y ou w ould lik e t he j udge t o or der .

OFAM I LY LAW CON FI D EN TI AL I N FORM ATI ON FORM ( CI F) – Ther e

ar e t w o ( 2) of t hese docum ent s. You m ust com plet e one w it h y our infor m at ion and one w it h t he ot her par t y ’s infor m at ion .

ON OTI CE OF FI LI N G OF CON FI D EN TI AL I N FORM ATI ON FORM – com plet e ent ir ely .

OCON TESTI N G A FAPA I N STRUCTI ON S – infor m at ion t o t he par t y being r est r ained.

ON OTI CE TO RESPON D EN T/ REQUEST FOR H EARI N G - com plet e t he nam es at t he t op of page 1 of 4 and pg 3 of 4 .

Community Works Victim Services

Court Advocate’s Office

100 South Oakdale, Rm. 325

Medford, Oregon 97501

541-774-4986

24/7 Crisis and Information Line: HelpLine 541-779-HELP (4357)

If you are a victim seeking support and help with a protective order, the Community Works Court Advocates can help. Our services are free and confidential. The Community Works Court Advocate’s Office provides comprehensive advocacy to individuals victimized by domestic violence, sexual assault and stalking. Spanish speaking advocates are available and we can assist people who speak most languages.

•The Court Advocates assists victims with information about obtaining and keeping restraining orders.

•The Court Advocates provide information about obtaining stalking orders.

•The Court Advocates provide services to victims, their children, family and friends including educational information, safety planning, emotional support and referrals to needed resources.

•The Court Advocates provide support to victims preparing for court hearings and trials and can sit with victims in hearings and trials to offer support and help in understanding what is taking place.

•The Court Advocates work together with other agencies and service providers to help the victims we serve.

•The Court Advocates provide crisis intervention counseling in person and by phone.

•The Court Advocates facilitate the instruction of the Alternatives to Violence classes for both men and women and the registration for domestic violence survivor support groups throughout the community.

GETTING A FAMILY ABUSE PREVENTION ACT (FAPA)

RESTRAINING ORDER

INSTRUCTIONS

IMPORTANT NOTE

INFORMATION THAT MUST BE KEPT CONFIDENTIAL

You must keep certain information (“confidential personal information”) out of any papers you file or submit to the court and, instead, provide that information in a Confidential Information Form (CIF). “Confidential Personal Information” includes social security number; date of birth; former legal names, driver license numbers; and employer’s name, address, and telephone number. It also applies to information regarding a party or a party’s child. On the pleading or document where that confidential personal information would otherwise appear, you must note that the information has been separately provided under UTCR 2.130.

Relevant Rules and Forms

UTCR 2.130. – Family Law Confidential Information Forms

UTCR Form 2.130.1 – Family Law Confidential Information Form

UTCR Form 2.130.2 – Notice of Filing Confidential Information Form

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.

WHAT ARE THE REQUIREMENTS FOR GETTING A RESTRAINING ORDER?

• 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

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4.Ongoing You are in danger of more abuse very soon, and the person who abused you is a threat to

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.

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.

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 photo ID. If you need assistance completing the forms, please visit the Community Works Victim Services Court Advocate’s Office on the third floor of the Jackson County Justice Building at 100 S. Oakdale. Advocates and court staff cannot answer legal questions.

WHAT HAPPENS AFTER I FILL OUT THE PAPERS?

You will be scheduled for a hearing at 1:00 pm on either the day you file your forms or the following business day (depending upon what time you filed your forms with the court). 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 server 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 ADDITIONAL HEARINGS 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 contesting the restraining order. If the respondent does not request a hearing, the restraining order will stay in effect. After 30 days from the date of service, if the restraining order has not been dismissed, the only type of hearing a party may request is to make changes to custody and/or parenting time, respondent’s removal from the home, respondent’s restrictions from other premises, or contact by the respondent in-person, by telephone, or otherwise.

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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.

HOW LONG DOES A RESTRAINING ORDER LAST?

A restraining order lasts for one year from the date the judge signed it or until a judge orders it cancelled. 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 regarding domestic violence resources, please visit our website. http://courts.oregon.gov/OJD/OSCA/cpsd/courtimprovement/familylaw/domesticviolence.page?

WHAT IF I WANT TO DROP THE RESTRAINING ORDER?

After taking the Alternatives to Violence class, 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. Contact the Community Works Victim Services at 541-774-4985 for more information on the Alternatives to Violence class.

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