Do you feel unsafe, insecure or threatened by someone close to you, such as a family member or friend? If so, you can ask the court to issue a Restraining Order to protect you from someone who threatens you or your property, harasses you, or intimidates you, and you are afraid it will continue. If someone violates the provisions of a Restraining Order, they may face fines or imprisonment. We have compiled this comprehensive guide to provide you with a detailed understanding of what a Restraining Order entails.
What is Restraining Order Form
A Restraining Order is a court order designed to keep you safe. It can make the other person (the "respondent") move. The Order might also stipulate where the responder is not allowed to go. Other items are listed in the Petition that you might request if you believe they would help you stay safe. You can seek the court to make an Order prohibiting the respondent from possessing firearms. You might order temporary custody and parenting time via a Restraining Order. You will need to file a family court action, such as a divorce or a custody lawsuit, to receive long-term custody and parenting time orders, as well as child support. For forms to file a family law case, contact your local court.
Who Needs Restraining Order Form?
You must meet the following conditions if you need a Restraining Order:
1. Age
You and the responder must be 18 years old or older. If you are under the age of 18, the responder must be over 18 and be either your current or past spouse, Registered Domestic Partner, or someone with whom you have (or have had) a sexually intimate connection.
2. Relationship
The respondent must be:
- Your current or former spouse
- A registered domestic partner
- Someone you live within a sexually intimate relationship (or used to)
- Someone you have a sexually close relationship with (or did within the last two years)
- A blood, marriage, adoption relative, or the parent of your child.
3. Physical Assault
The respondent must have physically hurt you or attempted to physically harm you in the past 180 days, or made you fear that they would physically injure you, or force you to have sexual intercourse against your will by using force or threats of force. The 180-day period does not include any time while the responder was in jail or lived more than 100 miles away from your residence. This implies that even if you have been mistreated for longer than 180 days, you may still be eligible to get a Restraining Order.
4. Ongoing Threat
You must be in imminent danger of being abused shortly ("imminent danger"). The responder must be a danger to your or your children's physical safety. Note that a judge cannot issue a Restraining Order only to obtain a temporary custody Order or for threatening to take your children, rudeness, or meanness if you are not physically threatened.
How to Complete the Restraining Order Form?
Print using blue or black ink. Carefully and truthfully answer each question. A facilitator or advocate from your court may be able to assist you with the paperwork. They are unable to respond to legal inquiries. Ensure that the "county" spot at the top of each form is completed.
Step 1: File the following forms
- Request for a Restraining Order to Stop Abuse
- Confidential Information Form (CIF): One for you and the respondent should be filed. This form is private, which means that only the person it concerns may view it.
- Put the private information in a secure location.
- Notice of Confidential Information Form Filing (CIF) Restraining Order for Abuse Prevention
Step 2: Provide your address and phone number
You must provide the court with a postal address and a phone number where the court and sheriff may contact you. Your contact information must be in the state in which you reside. This data will be made public, and the respondent will have access to it. You are not required to enter your home address or phone number. You can use a safe contact address and phone number if you do not want the respondent to know where you reside or have your phone number.
The court will assume that you receive all messages at the location and phone number you provided. Ensure to check both frequently to see if the court has scheduled any hearings or requires any information from you. If you fail to show up for a hearing, you may amend any Orders made against you, or your case may be dismissed entirely.
Step 3: Provide additional details
If you and the respondent have any other Restraining Orders or family matters pending or concluded, the court will need to know about them.If you and the other parent were married at the time of the kid's birth or the child was born within 300 days of the marriage ending, you and the other parent are deemed to be parents. This assumption is debatable (challenged).
Step 4: Fill the Restraining Order condition
Fill out the Order with the conditions you would like the court to approve. The terms must match those in the Petition. Do not put "Judge's initials" in the right-hand column. The judge may make adjustments or additions to the Restraining Order and will initial the included provisions if approved. After the Order is signed, you will be given a copy. Prepare to provide as much information about any other situations as you have.
Step 5: Provide details on parental responsibility
If you want the court to impose custody, parenting time, or child support for minor children, you must first prove parental status (who the parents of the minor children are). Both biological parents must sign and file a birth certificate or a Voluntary Acknowledgement of Paternity (a declaration stating who the parents are) with the State Registrar of Vital Statistics to establish paternity. When the infant is born, this is frequently signed in the hospital. Before you file these documents, you can establish parentage through the Oregon Child Support Program or the courts.
Other Restraining Order Form Resources
The following are additional sources on the Restraining Order form:
https://www.justia.com/criminal/domestic-violence-Restraining-orders-forms-50-state-resources/
http://www.acfjc.org/resource_library/domestic_violence/steps_to_get_a_Restraining_order
https://www.mass.gov/lists/Restraining-orderabuse-prevention-order-court-forms