Oregon Motion - Affidavit and Order Renewing FAPA Restraining Order

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Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.
At the hearing, you must prove that you have been abused and that you are in danger of further abuse. Be ready to give your own testimony, call witnesses, and give the judge any evidence you have (such as photos of your injuries).
A final protective order can be issued only after a court hearing where you and the abuser have the right to be present and to each present your evidence, testimoney, etc. A final order will last up to 1 year, unless otherwise stated.
How to Write an Affidavit Step 1: Writing the Title of the Affidavit. Step 2: Providing Personal Background Information. Step 3: Opening Sentence in First Person Tense. Step 4: Stating the Facts of the Case. Step 5: Including One Fact Per Paragraph. Step 6: Including Exhibits. Step 7: Confirming the Truth.
In a restraining order hearing, you, the petitioner, have the burden of proving your case. The court will not present evidence or call witnesses for you. You must prove your case by a preponderance of the evi- dence. This means that you must have slightly more evidence than Respondent in order to win your case.
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If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, its called an ex parte order.
You can ask the clerk at the courthouse for the forms to change a Restraining Order. Forms are available at .courts.oregon.gov/fapa. The judge may make a decision based on the paperwork, or schedule a hearing to decide whether to change the order.
Emphasize facts, changed circumstances, and the impact of the order on your life. By carefully crafting your written statement, you increase the courts chances of favorably considering your request. Before submitting your statement, have it reviewed by a legal professional familiar with it.

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