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Legal Information: Oregon

Restraining Orders

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March 26, 2018

Step 6: The hearing

You will only have a hearing if the abuser requests one. If the abuser requests a hearing, it is extremely important that you attend that hearing so that your restraining order doesn't get dismissed.  If you -- or any witness who you plan to have testify-- cannot attend the hearing in person, you can file a motion (court request) in which you ask the judge to allow you or your witness to "attend" by phone or by another two-way electronic communication device.  If the judge believes there is "good cause" to allow this the judge can allow it.  For example, if you convince the judge that the safety of your or your witness would be threatened if the judge required you/your witness to appear in person, this could be considered "good cause."* 

The judge will want to hear from you and from any witnesses that you may have who witnessed the abuse or your injuries.  You will need to be specific -- describe when and where the abuse took place, what happened, how (and with what) you were injured, (e.g., explain to the judge if you were hit with a fist, an elbow, an open palm, a heavy object, on the floor or against a door or furniture, etc.), whether the police were called, and if you were treated by a doctor or medical professional. If you have any pictures of your injuries, medical reports, or police reports, bring them to court with you.  See Preparing Your Case page for ways you can show the judge that you were abused.

If the abuser shows up to the hearing with a lawyer, you may ask the court to postpone the hearing to a later date (also called a continuance) to give you some time to get a lawyer to represent you.  Even if the abuser doesn’t have a lawyer, you may wish to bring one with you to the hearing to help present your case to the judge. See OR Finding a Lawyer for contact information of lawyers in your area.  If the abuser does not show up for the hearing, the judge may still grant you a restraining order for up to one year, or the judge may order a new hearing date.

* O.R.S. § 107.717(1),(3)