OPPOSINGFAMILYABUSEPREVENTIONACT FAPARESTRAININGORDER roceduresvary fromcourtcourtCheckwith yourlocalcourt forfiling instructionsThe instructions below will help you ask for a hearing to oppose Yo ID: 838418
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1 ��FAPA Instructions Reques
��FAPA Instructions Request HearingPage of Jan 2020 OPPOSINGFAMILYABUSEPREVENTIONACT (FAPA)RESTRAININGORDER roceduresvary fromcourtcourt.Checkwith yourlocalcourt forfiling instructions.The instructions below will help you ask for a hearing to oppose You have 30 daysfrom when you were served withthe rder to file an objection. outtheform calledRequestforHearing.”shouldhavereceived www.courts.oregon.gov/fapa or you can contactthecourtthatissuedtheorder TheRequestforHearingmustbefiledwithcourtwithindaysfromdateyouwereserved Thejudgemaymake a decision based on the paperwork, orschedulehearingdecidewhetherchangetheorder.The judgemaydecidenot to change theordereven ifboth sidesagree that theywant thesamechanges. IftheRestrainingOrderis not dismissed at the hearing Iftheordergrantschild custodyandyouaskthejudgemakechangerelatingcustodythecourtmustholdthehearingwithinbusinessdaysyourrequest ��FAPA Instructions Request HearingPage of Jan 2020 Ifyouarenotaskingthejudgechangechildcustody,thecourtmustholdthehearingwithincalendardaysyourrequest.courtwillsendyounoticethetimeand datethehearinginthemail.Ifthereisnotenoughtimemailyounotice,thecourtmaycontactyoutelephone.surecourtalwayshasyourcurrentcontactaddressandcontactphonenumberyougetnoticeofanyhearingYou don’t have to use your residential address or phone number, but the court will assume that you receive all notices sent to the contact address, so it should be somewhere you check frequently. alsocancallthecourtseeifhearinghasbeensetor check the court calendar online. Go to https://publicaccess.courts.oregon.gov/PublicAccess/default.aspx and search for your court and case number Ifyoucannotthehearingdueemergency,callthecourtclerkrightawayWHATWILL HAPPEN
2 ATTHE HEARING?The judge will listen to y
ATTHE HEARING?The judge will listen to you and the Petitioner. You can bring witnesses and evidence to the hearing. The judge will thendecidewhethertheorderwillremainineffect,ifwhethertheorderwillchange.If the hearing is an Exceptional Circumstances hearing, this will be your only chance to oppose the der.For more informationwww.courts.oregon.gov/dv NEED LAWYER?arenotrequiredto havelawyerto contesttherestrainingorder,butyoucanhavelawyer representhelpyouifyouantyouneedhelpfindinglawyer,calltheOregonStateBar’sLawyerReferralService503.684.3763800.452.7636.youbelieveyoucannotaffordlawyer,askcourtstaffifyourareahaslegalaidprogramthatmighthelp you.If you do not have a lawyer at the hearing but Petitioner does, you can ask the court to delay the hearing for up to 5 days so you can get a lawyerWHATNEED ANACCOMMODATIONAN INTERPRETER?Ifyouhavedisabilityneedaccommodation,youneedforeignlanguageinterpreter,youmusttellthecourtsoonpossible,butleastfourdaysbeforeyourhearing.Telltheclerkthatyouhavedisabilitywhattypeassistanceyouneed or prefer,which languageyouspeak.Make sure to complete these sections on the Request for Hearing form. NOTES ABOUT FIREARMS PROHIBITION If Box 1on the Order (Box 18 if the Order is issued after Jan 1, 2020) is initialed by a judge, you are currently prohibited from purchasing or possessing firearms or ammunitionand subject to contempt of court for violationsWhether or not Box 1(or 18) is checked, you will be subject to state criminal penalties for purchase or possession of firearmsor ammunition if you:request a hearing and the Order is continued (upheld)request ahearing and either withdraw the request or do not appear at the hearing do not request a hearing and 30 days have passed since you received the Orde