CHANGING A SEXUAL ABUSE PROTECTIVE ORDER INSTRUCTIONS Procedures vary from court to court. Check with your local court for filing instructions. MAY I GET A SEXUAL ABUSE PROTECTIVE ORDER CHANGED? Yes. A person can ask for these changes any time after the end of the 30 day period the Respondent has to ask for a hearing (as long as the Order has not expired or been terminated (ended) by a judge). Modification of a Sexual Abuse Protective Order If you want less restrictive terms: If you want more restrictive terms: If you are the Petitioner: USE: Petitioner222s Motion and Declaration for Less Restrictive Terms; and the Notice to Respondent/ Request for Hearing for Less Restrictive Terms in Packet #2. USE: Motion, Declaration and Order to Show Cause re: Modifying Sexual Abuse Protective Order in Packet #2. If you are the Respondent: USE: Motion, Declaration and Order to Show Cause re: Modifying Sexual Abuse Protective Order in Packet #2 USE: Motion, Declaration and Order to Show Cause re: Modifying Sexual Abuse Protective Order in Packet #2. HOW DO I ASK FOR A CHANGE TO THE SEXUAL ABUSE PROTECTIVE ORDER? The judge may sign an order at the Petitioner222s request making terms less restrictive without requiring a hearing that the Respondent attends. The Respondent, however, may ask for a hearing once they receive a copy of that changed order. If you fill out the Motion, Affidavit and Order to Show Cause re: Modifying Sexual Abuse Protective Order, the judge will probably sign an Order for the other party to appear. Some courts set a hearing when you file the papers. Some courts do not set a hearing until the other person has been served and given 30 days to respond. Check with the court clerk of the county that issued the Order to be sure you follow the right process. WHAT HAPPENS NEXT? After you file your papers, court staff will make copies for you. You will need to have one of the copies hand- delivered to the other person. A sheriff222s deputy can do that (free in Oregon). A private process server or any adult, as long as the server lives in the state where the papers are served. You cannot serve the papers yourself. The server is required to complete and file with the court a certificate of service. The packet includes a form for service, but some servers use their own forms. If your local court sets a hearing, it is very important for you to attend, or the judge may dismiss your request. Be sure the court always has your current contact addresses and contact phone numbers so you get notice of any hearing. Use safe contact addresses and contact phone numbers. If your packet includes an Order After Hearing form, you should take it to the hearing. The judge will need to write down their decision on the form and sign it. If you cannot go to the hearing due to an emergency, call the court clerk right away. If you have requested these changes in a court that does not schedule a hearing, please contact the court clerk to make sure you are following the correct procedures. INSTRUCTIONS 226 CHANGING (MODIFYING) A SEXUAL ABUSE PROTECTIVE ORDER - Page 1 of 2 (SAPO 06/2017) American LegalNet, Inc. www.FormsWorkFlow.com If your local court does not set a hearing until the other party has responded, and the other party has NOT filed a response within 30 days after getting the papers, it is your responsibility to turn in the Order After Hearing form for the judge to sign. The court clerk can tell you where to file the Order. You may ask in writing, ahead of time, to appear by telephone or other method, such as video-conferencing. DO I NEED A LAWYER? You are not required to have a lawyer to modify the Sexual Abuse Protective Order. You can have a lawyer represent or help you if you wish. However, the law does not allow the court to appoint a lawyer for you. If the other party asks for a hearing to modify or terminate the Order and is represented by a lawyer, you can ask the judge to extend the date of the hearing for up to five days so that you may get a lawyer. If you need help finding a lawyer, call the Oregon State Bar222s 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. You also can go to: www.oregonlawhelp.org . WHAT IF I NEED AN ACCOMMODATION OR AN INTERPRETER? If you have a disability and need accommodation, or you 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. INSTRUCTIONS 226 CHANGING (MODIFYING) A SEXUAL ABUSE PROTECTIVE ORDER - Page 2 of 2 (SAPO 06/2017) IMPORTANT NOTE INFORMATION THAT MUST BE KEPT CONFIDENTIAL You must keep certain information (223confidential personal information224) out of any papers you file or submit to the court and, instead, provide that information in a Confidential Information Form (CIF). 223Confidential Personal Information224 includes social security number; date of birth; former legal names; driver license numbers; and employer222s name, address, and telephone number. It also applies to information regarding a party or a party222s child. On the pleading or document where that confidential personal information would otherwise appear, you must note that the information has been separately provided under UTCR 2.130. (UTCR refers to the Uniform Trial Court Rules that apply across the state). Relevant Rules and Forms UTCR 2.130 226 Confidential Personal Information in Family Law and Certain Protective Order Proceedings Confidential Information Form for Protected Person (Petitioner) for Sexual Abuse Protective Order Cases Confidential Information Form for Person Restrained (Respondent) for Sexual Abuse Protective Order Cases Notice of Filing of Confidential Information Form for Sexual Abuse Protective Order Cases American LegalNet, Inc. www.FormsWorkFlow.com MOTION AND DECLARATION IN SUPPORT OF ORDER TO SHOW CAUSE RE: MODIFYING SEXUAL ABUSE PROTECTIVE ORDER - Page 1 of 2 (SAPO 10/2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF Petitioner Case No: PETITIONER222S RESPONDENT222S (Parent/Guardian of Minor Petitioner) MOTION and DECLARATION (use full names) IN SUPPORT OF ORDER TO SHOW CAUSE RE: MODIFYING v. SEXUAL ABUSE PROTECTIVE ORDER (SAPO) Respondent (full name of person restrained) MOTION AND DECLARATION I, Petitioner Respondent, request the court to issue an Order to Show Cause requiring Petitioner Respondent to appear in Circuit Court in the County Courthouse in , Oregon to show cause why this court should not grant the following relief: I request the following changes be made: The following facts support this motion (please explain the reason you are requesting the changes listed above): American LegalNet, Inc. www.FormsWorkFlow.com MOTION AND DECLARATION IN SUPPORT OF ORDER TO SHOW CAUSE RE: MODIFYING SEXUAL ABUSE PROTECTIVE ORDER - Page 2 of 2 (SAPO 10/2016) STATEMENT OF POINTS AND AUTHORITIES On a showing of good cause and at the request of either party, the court may modify the terms of a Sexual Abuse Protective Order. ORS163.775(2)(a). I hereby declare that the above statements are true to the best of my knowledge and belief. I understand they are made for use as evidence in court and I am subject to penalty for perjury. Date Signature of Petitioner, Parent or Guardian of Minor Petitioner Date Signature of Petitioner, Parent or Guardian of Minor Petitioner Respondent Signature Print Name, Petitioner, Parent or Guardian of Minor Petitioner Respondent Attorney for Petitioner Attorney for Respondent OSB No. (if applicable) Contact Address City, State, Zip Contact Telephone Number Use Safe Contact Address Use Safe Contact Number American LegalNet, Inc. www.FormsWorkFlow.com