Fill and Sign the Fapa Instruction to Modify Change Restraining Order Oregon Form

FAMILY ABUSE PREVENTION ACT INSTRUCTIONS TO MODIFY (CHANGE) A RESTRAINING ORDER I. INTRODUCTION This packet contains instructions for a petitioner or respondent to ask the court to modify (change) the parts of a Restraining Order that provide for custody and parenting time of minor children. This packet is not intended for modification of other items of the restraining order. Please read all of the instructions before you start to fill out the forms. You must file your forms with the court clerk in the county where the court issued the original restraining order. If you intend to complete the forms by hand, you should use a black ink pen (blue does not show up well on copies) and print; do not write. If you have any questions about how the law works or what it means, you may need to see a lawyer. The court clerk cannot give you any legal advice. If you need legal assistance, you may call the Oregon State Bar's Lawyer Referral Service at 1-800- 452-7636 or Legal Aid at (503) 581-5265 if you believe you can’t afford a lawyer. II. OUTLINE OF PROCEDURES AND GENERAL INFORMATION A. Who Files The petitioner (the person who asked for the Restraining Order) and respondent (the person who is ordered to stay away) both have the right to ask the court to modify (change) the parts of the Restraining Order that deal with custody and parenting time issues. B. When to File Any time after 30 days from the date the respondent was served with the original or renewed Restraining Order, you can file a motion to modify. C. Forms The following forms are attached to these instructions and must be completed and filed to modify your Restraining Order. * Motion and Affidavit and Order to Show Cause for modifying Restraining Order * Relevant Data * Certificate of Document Preparation A couple of other forms are available at the information window if you choose to use them. The waiver of personal service allows you to ask the court to waive your right to personal service if you are later charged with contempt for not providing truthful information to the court, so that you can keep your residential address confidential. The affidavit of proof of service only needs to be filled out if you have someone other than the sheriff serve respondent. * Petitioner’s Waiver of Personal Service * Affidavit of Proof of Service III. COMPLETING THE FORMS A. Motion, Affidavit and Order to Show Cause The Motion, Affidavit and Order contains your request to change the Restraining Order based on your sworn statement (affidavit). If, based on your affidavit, the judge signs the Order to Show Cause, that form becomes an order to the other party to come in for a hearing to show why the judge should not change the Restraining Order (if the other party does not want the judge to change the Restraining Order). If the other party does not come to the hearing, the court probably will change the Restraining Order as you asked. 1. Caption (Heading at Top of Form). Fill in the petitioner’s name, respondent’s name and the case number as it appeared in the original Restraining Order. 2. Line 13. On the original Restraining Order and in the caption of the Motion to Modify you are listed as either the "petitioner" or the "respondent". Check the appropriate blank reflecting which party you are. 3. Complete the remainder of page 1 and 2 as they apply to you. 4. Page 3. Fill out this page through line 12. DON’T COMPLETE LINE 14 or below until you are in front of a court clerk or notary who can acknowledge your signature. 5. Page 4. Fill out the other party’s name, address, city, state and zip code at the top of the page. Fill out your name, address, city, state and zip code and telephone number at the bottom of the page. Leave the rest of the page blank. B. Relevant Data . Include as much information about the other party as you can. This information helps the sheriff identify him or her when the sheriff serves the order and helps police officers identify both parties when they enforce the order. You can also attach a photograph of the other party to help the sheriff identify him or her. You may use a contact address and telephone number if you need to keep your residential address and telephone number confidential. C. Certificate of Document Preparation. Fill out the case caption, check the statement s that apply to you, fill in the date, and fill in the lines below the date. IV. FILING YOUR PAPERS WITH THE COURT A. Signing You will need to have your signature acknowledged by the court clerk or notarized by a notary public on page 3 of the motion, affidavit and order to show cause before you file your papers with the court. You will be asked to present picture identification such as a drivers license or Oregon identification card. B. File the papers at the Information Window V. SERVING THE OTHER PARTY A "true copy" of the Motion, Affidavit and Order to Show Cause must be "served" on (personally delivered to) the other party to inform him or her that the court will hold a hearing and that he or she has a right to appear and challenge your Motion. The clerk will send papers to the sheriff’s office, who will serve the papers for free unless you choose to pay a private process server to have the other party served. If the sheriff's office serves the papers, that office will file a proof of service form with the court. You cannot serve the other party yourself. If the sheriff cannot serve the other party within ten days, you will be notified by mail. You then have ten days to give the sheriff's office additional information to help the sheriff find and serve the other party. If you do not respond, the sheriff will send the papers to the court and file a return with the court clerk showing that service was not completed. Service can be completed by someone other than the sheriff. Any person (except yourself, your attorney, or your employee) who is mentally competent, 18 years of age or older, and a resident of the state of service may serve the papers. If you have someone other than the sheriff serve the papers, you must make sure that: (1) the person who served the respondent completes the "Affidavit of Proof of Service" and signs it only in front of a notary public or the court clerk; (2) the notary public notarizes or court clerk "acknowledges" the signature of the person signing the affidavit; and (3) the Affidavit of Proof of Service is filed with the court clerk; and (4) true copies of the Motion, Affidavit and Order to Show Cause are delivered to the sheriff’s office. The sheriff’s office will then enter the information into the law enforcement data system. If you have a friend or other person serve the papers, that person should fill out the Affidavit of Proof of Service form after the person serves the Order on the respondent. VI. HEARING The court will hold a hearing before signing the Order of Modification. The clerk will notify you when and where the court wants you to appear for the hearing. The hearing is done in person. There is no hearing fee. If you have a disability and need special help at the hearing or you are unable t o speak English and need a foreign language interpreter at the hearing, you must notify the clerk immediately. You will need to tell the clerk specifically what type of disability you have or which language you speak and what type of assistance you need. VII. ENFORCEMENT OF THE MODIFIED RESTRAINING ORDER Changes in custody and visitation DO NOT extend the length of time a Restraining Order remains in effect. Only a renewal can extend the duration of a Restraining Order. You may use Family Abuse Prevention Act Packet No. 3 to renew the Restraining Order. A modified Restraining Order is effective only until the end of the 12-month term of the Order that is being modified. The police must enforce the modified Order in the same way they enforce the original Order. If you are the petitioner, you also can ask the district attorney to prosecute (bring legal charges against) the respondent for violating the modified Order.