(1) If a defendant is released before the verdict, the terms of the termination agreement are that the defendant: (2) (a) In addition to the conditions set out in paragraph (1) of this article, if the accused is charged with an offence that also constitutes domestic violence, the court shall include as a condition in the release agreement that the defendant does not contact the victim of the violence. (c) Where the defendant has received notice and the opportunity to be heard, the court shall also include, where appropriate, in the agreement sufficient terms and conclusions under U.S. Section 18.C 922(d)(8) and (g)(8) to affect the defendant`s ability to possess firearms and ammunition or engage in firearms-related activities. You are not required to disclose your current residential address. You may have gone to a safe place that your abuser doesn`t know. If so, you may want to use a so-called “contact address,” which is a different address than you actually are at. If you choose to do so for your safety, you also agree to allow your offender to serve his or her court documents on you at that address. You will need to regularly search for court documents at this address as long as you provide this address to the court, as this is the address to which your offender must send copies of everything they submit. If you miss a court deadline because you didn`t look for court documents at that location, the other person will earn everything they asked for in the documents delivered to that address. You can call the police.
The official must arrest the defendant if there is good reason to believe that a violation has occurred. The defendant may be charged with contempt of court. If the accused is found in contempt, he or she may be fined, suspended or sent to prison. It is best that you have a copy of the injunction with you at all times and do not contact the other party. An injunction does not guarantee your safety. You can take other steps to stay safe. A domestic violence or sexual assault program can help. Organizations like the Oregon Coalition Against Domestic & Sexual Violence have more information. When the police are called upon to make an arrest, they are required to do so under the law if they have “reasonable grounds” to believe that the injunction has been violated.
The injunction also sets bail, usually $5,000, for violations of the order. After being incarcerated, the offender may be released without bail if he or she is likely to appear in court again. A condition of release will likely be that the abuser has no contact with you. Otherwise, the offender will be kept in jail until 10% of the bail is paid, or until the bail is reduced in a court case, or until a hearing has been held on whether or not the injunction has been violated. (d) ORS 107.720 applies to termination agreements signed by defendants accused of a crime of domestic violence, except that proof of service of the termination contract is not required and the contract cannot be terminated at the request of the victim without a hearing. You must file documents at the courthouse to ask the judge to drop the order. The order remains in effect until the judge rejects it. It may take a few days for law enforcement to be informed of the release.
In a small number of situations, the parties may agree to waive the injunction and enter into a limited non-contact agreement to facilitate communication between the parties only with respect to children and parenting time. This should only be done if it is safe to do so, and it would be best to speak to a lawyer first. At any time after an injunction has been filed, you or the defendant may file documents to ask the court to change or remove the conditions that affect custody and parental leave, the defendant`s removal from the home, the defendant`s restrictions from other places, or the contact between you and the defendant. Forms for amending an injunction are available at the courthouse or online. In some cases, the judge may wait to make a custody decision and will schedule a hearing to get more information about the children from you and the defendant. You will have to go to this hearing, otherwise the decision will likely be rejected (abandoned). Otherwise, the defendant has 30 days from the date of service to request a hearing. If the defendant does not request a hearing, the injunction remains in effect. If the defendant requests a hearing, it will take place very quickly.
You may only have two days to prepare for the hearing. If the hearing is more than a few days away, the court will mail you the time and date of the hearing. If there is not enough time to send you a message, the court can contact you by phone. Make sure the court still has your current contact addresses and phone numbers so that you are informed of each hearing. You can also appeal to the court to check if a hearing has been scheduled. Keep in mind that you will have to go to the hearing or the order will likely be dropped. If you are unable to attend the hearing due to an emergency, call the court clerk immediately. It may be helpful to have a lawyer to represent you at the hearing, but it is not mandatory. (b) Notwithstanding subparagraph (a) of this paragraph, the court may make an order waiving the condition that the accused have no contact with the victim if: The judge has a period of time to inspect your papers. The judge can ask you a few questions.
If the judge gives you the injunction, court staff will make copies for you. You must have one of the copies personally delivered to the other person by a sheriff`s deputy (free in Oregon), a private process server, or an adult, as long as that adult lives in the state where the documents are delivered. You are not allowed to issue the documents yourself. The server is required to complete a declaration of service and submit it to the court. There is a form for this in the package, but some servers use their own forms. Talk to the clerk about ways to serve the defendant. The defendant can only be punished if he complies with the injunction after receiving a copy of the order. A copy of the injunction and proof that it has been served must be submitted to the local sheriff`s office. It then entered a statewide law enforcement database so that all Oregon police departments knew the order was in effect. The order will then be enforceable throughout the state of Oregon. You must apply for an injunction at the courthouse in the county where you or the defendant lives.
Obtaining an injunction is free of charge. (c) Not to leave that State without the authorization of the court; and (B) the court finds, after a hearing on the application, that the waiver of the condition is in the best interests of the parties and of the Community. (A) the victim applies to the court for a waiver; and there are traditional paper forms. Use a blue or black ballpoint pen and write clearly. Answer each question carefully and tell the truth. Do not write in parts of documents that say “Judge`s Initials.” You must sign in front of a notary or clerk. Bring ID (photo ID is preferred). If available, a court broker or lawyer can help you with the forms. They cannot answer legal questions. You can purchase the paper forms at your local courthouse or download them here: www.courts.oregon.gov/programs/family/domestic-violence/Pages/restraining.aspx. NOTE: A judge cannot issue an injunction to you solely for threats to take your children, rude behavior, verbal or emotional abuse, or damaged property, unless you feared you would be physically injured. If you do not have an injunction and are a victim of domestic violence, you should call your local police.
If the police are called to the scene of the crime and likely have reason to believe that there has been abuse between spouses, ex-spouses or adults who live together or have previously lived together, the police are required to arrest the perpetrator. The police will give you information on how to get an injunction in your district. If your offender is arrested, you should go to the prosecutor`s office the next business day, in the morning, to file a criminal complaint against the abuser, and you may also want to get an injunction. Some counties also have shelters for people who have been abused. Contact an information and reference network near you for more information. Legal Editor: W. George Senft, August 2018 The second option is available on the same link. This option is called iForm. He will ask you a series of questions and use your answers to fill out the forms for you. Like traditional paper forms, these electronic forms must be printed and submitted in person at the courthouse. Here is the link again: www.courts.oregon.gov/programs/family/domestic-violence/Pages/restraining.aspx. Yes, if someone in your situation legitimately fears further acts of abuse without renewal.
You must file your application before the injunction expires. The offender may request a hearing on your request for an extension. .