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How to contest a restraining order

On Behalf of | Nov 20, 2019 | Criminal Defense |

If your spouse has requested a restraining order against you in Oregon, you have every reason to feel concern or anxiety. Whether or not you and your family member have been having serious conflicts in your home, the accusation alone could be enough to cause you trouble. At the law firm of David J. Celuch, we often help people facing restraining order requests to present their side of the situation to the courts.

The Oregon Courts provide you with exact instructions on how to contesta restraining order.

Request for hearing

You have a right to request a hearing if one is not already scheduled. There is a specific form you must fill out and provide to the court within 30 days of the date the restraining order was served. You can find the form within the court papers you received when you were served, and the form will be labeled “Request for Hearing” at the top of the page.

The hearing date

When the court schedules your hearing will depend on whether or not you are objecting to a restraining order involving custody. If the objection does not involve a custody portion of the order, then the court has 21 days to schedule the hearing. If it does involve a custody order, then the court has five judicial days to schedule the hearing after it receives your request. The notification of the date, time and location of the hearing may be through the mail or by telephone.

If you do not contest the order or appear to the scheduled hearing, it automatically continues for one year after the judge signs it unless the person who requested the order decides to dismiss it sooner.

More information about contestinga restraining order is available on our webpage.