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Legal Information: Oregon

Restraining Orders

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March 26, 2018

What is an exceptional circumstances hearing?

When you file a Family Abuse Prevention Act restraining order, an "exceptional circumstances" hearing will be scheduled if the judge determines that there are issues affecting the custody of your child(ren). The judge will order that this hearing be held within 14 days. At this hearing, the judge will ask both you and the respondent to appear and provide additional information about the circumstances of your children and your contact with them. For example, the judge may order such a hearing if you are not the usual and primary caretaker of the children or if your request for custody conflicts with a previous order of the court in another matter.*

* O.R.S. § 107.718(2)