Fill and Sign the Instructions for Obtaining Restraining Order under Fapa Oregon Form

FAMILY ABUSE PREVENTION ACT (FAPA) INSTRUCTIONS FOR OBTAINING A RESTRAINING ORDER I. INTRODUCTION This packet contains instructions to assist you in obtaining a Restraining Order under the Family Abuse Prevention Act (FAPA). A "Restraining Order" is an order of the court that orders the respondent (the person who has abused you) to stop threatening or abusing you (the "petitioner") and to stay away from you. The order can give you temporary custody of the children and order the respondent to stop threatening or interfering with the children. The Restraining Order can order the respondent to move out of or stay away from your home and stay away from your job or school. The police are required to enforce a Restraining Order. A person who violates a Restraining Order can be arrested, tried for contempt of court or any crime committed, and if found guilty, can be fined or put in jail. 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. Not everyone is eligible for a Restraining Order under FAPA . Check the eligibility list on pages one and two carefully to determine whether you are eligible to use this procedure. If you are eligible, you may use the procedure whether or not you have left your residence or household to avoid abuse. II. ELIGIBILITY UNDER FAPA You are eligible to use this Restraining Order procedure if you are a victim of abuse committed within 180 days* before the filing of the petition in one or more of the following ways: (1) you have been physically injured, or (2) an attempt has been made to injure you physically, or (3) you have been placed in fear of imminent and serious bodily injury, or (4) you have been forced (by actual force or threat of force) to engage in sexual relations against your will. (Physical injury or serious harm means personal harm not damage to property or theft of property). (*Note: Any period of time after the abuse occurred during which the respondent was in jail or lived more than 100 miles from your home does not count in computing the 180 day period). AND If you are an ADULT (age 18 or older) and the abuse was committed intentionally, knowingly, or recklessly by any one of the following persons: (1) the person you are married to, or (2) the person you used to be married to, or (3) the person you presently cohabit with, or with whom you have cohabited, or (4) a person with whom you have been involved in a sexually intimate relationship anytime within the last two years before you file the petition; or (5) adults related to you by blood or marriage (including in-laws, parents, adult children, aunts, uncles, adult grandchildren and other relatives), or (6) a person not married to you with whom you have a child who is unmarried and under 18 years of age. If you are a MINOR (age 17 or younger) and the abuse was committed intentionally, knowingly, or recklessly by any one of the following persons who are 18 years of age or older: (1) the person you are married to, or (2) a person you used to be married to, or (3) a person with whom you have been involved in a sexually intimate relationship. III. OUTLINE OF PROCEDURES AND GENERAL INFORMATION A. Filing Papers After you complete the forms as directed in these instructions, you should present them to the court clerk. DO NOT SIGN THE FORMS EXCEPT IN THE PRESENCE OF A NOTARY PUBLIC OR THE COURT'S CLERK. B. Hearing The court will hold a hearing on the day you file your papers or t he next day that the court is open for business. The hearing is done in person and there is no fee required. If the judge decides you have met the legal standard for a restraining order, the judge will issue a restraining order at the time of the hearing. If you have a disability and need special help at the hearing or you are unable to speak English and need a foreign language interpreter at the hearing, notify the clerk immediately. C. Order Lasts One Year Once the judge signs the Restraining Order, it is in effect for one year unless it is dismissed (ended), modified or renewed. Additionally, if and when a final decree or judgment in a dissolution, separation, annulment, or custody case involving unmarried parents is entered, any conflicting provisions in a preexisting Restraining Order are superseded (have no effect) if the two cases were consolidated and the non-moving party was given notice and opportunity to be heard on the custody and parenting time issue. D. Serving a Copy on Respondent A copy of the Restraining Order must be given to ("served on") the person who has abused you. That person is called the "respondent." The order must be given to the respondent personally by the sheriff or other person who is qualified to serve legal papers. E. Hearing on Respondent's Request The respondent may request a hearing by filling out a form called "Notice to Respondent ", and filing that form with the court clerk. This form is delivered to the respondent with the service copy of the Restraining Order and is available from the court clerk. The respondent may ask for a hearing within 30 days of when he or she was served with the Restraining Order. Following such a request, the court will hold a hearing within 21 days, or within 5 days if respondent contests a custody provision (not parenting time). The judge may change or cancel the Restraining Order based on the information the judge receives at the second hearing. You must show up at the hearing or the order may be canceled. F. Arrest for Violating the Restraining Order The respondent can be arrested for violating the Restraining Order, and may have to post bail before being released from jail. There are many possible penalties the court may order if it finds the respondent violated the Restraining Order such as imposition of a fine, jail time, treatment, restitution or community service. IV. COMPLETING THE FORMS A. Forms The following seven forms are available from the court clerk. The first four are those you need to complete to ask for a Restraining Order: *Petition for Restraining Order to Prevent Abuse *Restraining Order *Notice to Respondent *Certificate of Document Preparation The fifth form is a form to ask the court to end the Restraining Order early if you do not want the order to last a full year. The sixth form is a form you can use if you wish to keep your residential address confidential. The last form is only used if you have someone other than the sheriff complete service. * Motion and Order to Withdraw Restraining Order and Dismiss Case * Petitioner’s Waiver of Personal Service * Affidavit of Proof of Service The court clerk also has different forms and instruction packets that you may use: (1) to change (modify) those parts of the order that provide for custody and parenting time of minor children (Packet No. 2), or (2) to ask the court to continue (renew) the Restraining Order for another year (Packet No. 3). B. Use Black Pen 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 (not write) the information clearly. C. Filling out the Petition. 1. The Caption (Heading at the Top of Page 1). a. Write your name in the space marked Petitioner. (You are the "Petitioner.") b. Leave the "Case # ________ " space blank until the court clerk gives you a case number. c. Write the name of the respondent (the person who has abused (hurt) you or threatened you and whom you want the court to order to stay away from you.) 2. Complete the remainder of Pages 1 through 4 as they apply to you and your situation. DO NOT SIGN THE PETITION UNTIL YOU HAVE COMPLETED FILLING IT OUT AND YOU ARE IN FRONT OF A NOTARY PUBLIC OR THE COURT'S CLERK SO YOUR SIGNATURE CAN BE WITNESSED. a. Family Residenc e. The court will order the respondent to move out if: (1) The residence is solely in your name, or (2) You and the respondent are married to each other, or (3) The residence is jointly owned or rented by you and respondent. b. Personal Property. If one party is moving out of the residence because of the Restraining Order, the court may allow that person to return to the residence accompanied by a peace officer to remove personal essential items (for example, clothing, toiletries, diapers, medications, social security cards, birth certificates, identification and tools of the trade). This trip is usually limited to around twenty minutes. D. Filling out the Relevant Data Form. The information you provide will be used to assist the Sheriff’s Office in serving the respondent. It will also help assure that you are notified of any further hearings on the Restraining Order. E. Filling out the Restraining Order. Complete the Caption just as you did on the petition. Don’t write in the sections under “judge’s initials”. Beginning about the middle of page 1, under “Petitioner’s request” there are a number of boxes along the left margin. Check the boxes in front of the conditions you wish the Court to order for items 1 through 20. The Judge will initial on the lines along the right mar gin t hose conditions ordered. The judge will fill out the security amount and signature line on page 4. At the bottom of page 4, you need to fill out the section that begins with “submitted by”. F. Filling out the Notice to Respondent. The purpose of the “Notice to Respondent” form is t o give the respondent important information about the Restraining Order. This form must be attached to the copy of the Restraining Order served on the respondent. Complete only the petitioner, and respondent name and DOB portion in the case caption of page one. G. Filling out the Certificate of Document Preparation. Fill out the case caption, check the statements that apply to you, fill in the date, and fill in the lines below the date. V. SERVING THE RESPONDENT If the court grants a Restraining Order, true copies of the Order and Petition along with the Notice to Respondent must be "served on" (personally delivered to) the respondent to inform the respondent that the Restraining Order exists (it tells the person what the court has ordered). 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 respondent served. If the sheriff's office serves the papers, that office will file a proof of service form with the court. You, the petitioner, cannot serve the respondent. If the sheriff cannot serve the respondent 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 t he respondent. 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 Petition and Restraining Order 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.