I found this on the Oregon Court website…I would contact a lawyer.

INSTRUCTIONS – CONTESTING A FAPA RESTRAINING ORDER - Page 1 of 2
(FAPA 1/1/08)
CONTESTING A FAMILY ABUSE PREVENTION ACT RESTRAINING ORDER (FAPA)
Procedures vary from court to court. Check with your local court for filing instructions.
WHAT IF I DISAGREE WITH SOME OR ALL OF THE RESTRAINING ORDER?
The judge granted the restraining order based on input from the other side (the Petitioner). If you disagree with
information given to the judge, or you disagree with part of the order, you have a right to tell the judge your side
of things.
HOW DO I OBJECT TO THE RESTRAINING ORDER?
If you want a judge to reconsider whether the restraining order should remain in effect, or change some of the
things in the restraining order, you must fill out the form called “Request for Hearing.” The “Request for
Hearing” form is part of the court paper that says “Notice to Respondent/Request for Hearing” on the top, right
hand side of the page. You should have received a copy of this form when you were served with the restraining
order.
You have 30 days after you are served with the restraining order to ask for changes to any part of the order,
including child custody, by filing a “Request for Hearing.” The Request for Hearing must be filed with the
court within 30 days from being served. If you request a hearing and the judge continues the Restraining
Order, federal law may prohibit you from possessing or purchasing any firearm or ammunition (including
hunting rifles).
After 30 days have passed since you were served, and if there are problems with the custody or parenting time
parts of the restraining order, either side can ask the court to change the order. You can do this by asking the
clerk at the courthouse for the forms needed to “modify” a restraining order. The judge will schedule a hearing
to decide whether or not to change the order. The judge may decide not to change the order even if both sides
agree that they want the same changes.
WHAT HAPPENS IF I DO NOT OBJECT?
If you do not ask for a contested hearing, the restraining order will continue for one year from the date the
judge signed it. It can also be renewed for one year at a time after that.
WHEN WILL THE CONTESTED HEARING BE HELD?
If the court has ordered a hearing (sometimes called an “exceptional circumstance hearing”:
If the court has found that there are “exceptional circumstances” regarding custody of the child/ren, the court
will schedule a hearing to be held within 14 days. The boxes on the upper left-hand corner of the restraining
order and “Notice to Respondent/Request for Hearing” will give you information about the date and place for
that hearing. At the hearing, you will be asked to provide information about your children.
If the court has NOT ordered a hearing but you would like to request one:
If you request that the judge make a change relating to child custody, the court must hold the hearing within
5 business days of your request. If you are not asking the judge to change child custody, the court must hold the
hearing within 21 days of your request. If the hearing is scheduled more than a few days away, the court will
send you notice of the time and date of the hearing in the mail. If there is not enough time to mail you a notice,
the court may contact you by telephone. Be sure the court always has your current contact addresses and
contact phone numbers so you get notice of any hearing. You also can call the court to check to see if a
hearing has been set.
Important: If the court has scheduled a hearing and you have other objections to the restraining order
(besides those about child custody), you must tell them to the judge at the hearing that has been
scheduled by the court. You cannot fill out a Request for Hearing form afterwards and request another
hearing.
INSTRUCTIONS – CONTESTING A FAPA RESTRAINING ORDER - Page 2 of 2
(FAPA 1/1/08)
If you do not go to the hearing, you will lose your chance to ask for changes to the restraining order. If you
cannot go to the hearing due to an emergency, call the court clerk right away. It may be helpful to have an
attorney represent you at the hearing, but it is not required.
WHAT WILL HAPPEN AT THE HEARING YOU REQUEST?
The purpose of the hearing is to decide whether or not the restraining order will remain in effect, and if it does
remain in effect, if the order will stay the same or change in some way.
If you would like more information about what to expect at the hearing, go to www.ojd.state.or.us/familylaw
and look for the “Domestic Violence Information” link on the left side. From there, click on “Information for
Respondents”.
DO I NEED A LAWYER?
If you have questions about how the law works or what it means, you may need to talk to a lawyer. Only a
lawyer licensed in Oregon can give you legal advice.
You are not required to have a lawyer to contest the restraining order, but you can have a lawyer represent or
help you if you wish. If need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral
Service at 503.684.3763 or 800.452.7636. If you believe you cannot afford a lawyer, ask court staff if your area
has a legal services (legal aid) program that might help you.
WHAT IF I NEED AN ACCOMMODATION OR AN INTERPRETER?
If you have a disability and need an accommodation, or you are unable to speak English and need a foreign
language interpreter, you must tell the court as soon as possible, but at least four days before your hearing. Tell
the clerk that you have a disability and what type of assistance you need or prefer, or which language you speak.