INSTRUCTIONS TO CONTEST A SEXUAL ABUSE PROTECTIVE ORDER - Page 1 of 2 (SAPO 06/2017) CONTESTING A SEXUAL ABUSE PROTECTIVE (SAPO) ORDER INSTRUCTIONS Procedures vary from court to court. Check with your local court for filing instructions. WHAT IF I DISAGREE WITH SOME OR ALL OF THE PROTECTIVE ORDER? The judge granted the Protective Order based on input from the Petitioner. If you disagree with information given to the judge, or you disagree with all or part of the Order, you have a right to appear in court and give the judge your input. HOW DO I OBJECT TO THE PROTECTIVE ORDER? If you want a judge to consider whether the Protective Order should remain in effect, or change some of the things in the Protective Order, you must fill out the form called 223Request for Hearing.224 The 223Request for Hearing224 form is part of the court papers that says 223Notice to Respondent/Request for Hearing224 on the top, right hand side of the page. You should have received a copy of this form when you were served with the Protective Order. If you did not receive one, you may download the Request for Hearing form from the state website, http://www.courts.oregon.gov/programs/family/domestic-violence/ Pages/sexual-abuse.aspx or contact the court that issued the Order. You have 30 days after you are served with the Protective Order to ask the judge to dismiss or change the order, by filing a 223Request for Hearing.224 The Request for Hearing must be filed with the court within 30 days from the date you were served. If it has been more than 30 days since the date you were served, you can only ask that the court modify the terms of the Protective Order. You cannot ask for the court to dismiss the Protective Order. Either party may ask for this type of hearing to modify. You may ask for such a hearing by asking the clerk at the courthouse for the forms needed to 223modify224 a Protective Order. The judge may 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 within the first 30 days after you receive the court papers, the Protective 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? 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 ask if a hearing has been set. If you do not go to the hearing, you will lose your chance to ask the judge to dismiss or change the Sexual Abuse Protective 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. You may ask in writing, ahead of time, to appear by telephone or other two-way electronic communication device, such as video-conferencing. American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS TO CONTEST A SEXUAL ABUSE PROTECTIVE ORDER - Page 2 of 2 (SAPO 06/2017) WHAT WILL HAPPEN AT THE HEARING I REQUEST? The purpose of the hearing is to decide whether or not the Protective Order will remain in effect, and if it does remain in effect, if the Order will stay the same or change in some way. 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. You are not required to have a lawyer to contest the Protective Order, but you can have a lawyer represent or help you if you wish. The law does not authorize the court to appoint a lawyer for you in this case. If you need help finding a lawyer, you may 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 an 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. 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 NOTICE TO RESPONDENT/REQUEST FOR HEARING - Page 1 of 4 (SAPO 10/2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF Petitioner Case No: (Parent/Guardian of Minor Petitioner) NOTICE TO RESPONDENT/ (use full names) REQUEST FOR HEARING v. (Sexual Abuse Protective Order) Respondent (full name of person restrained ) TO RESPONDENT: A SEXUAL ABUSE PROTECTIVE ORDER HAS BEEN ISSUED BY THE COURT WHICH AFFECTS YOUR RIGHTS. THIS ORDER IS NOW IN EFFECT. You have the right to contest this Sexual Abuse Protective Order as set out in the paragraphs below. If you want to contest (object to) any terms of this order you must complete the attached 223REQUEST FOR HEARING224 form (on Pages 3 and 4) and mail or deliver it to the address on the bottom of Page 2 below. A REQUEST FOR HEARING must be made within 30 days after you receive the Order. You must include your address and telephone number with your request for a hearing. The hearing will be held within 21 days. At the hearing, a judge will decide whether the order should be terminated, changed, or continued. If you do not go to the hearing, the Protective Order may be upheld (continued) and all matters decided against you. If you do not ask for a hearing within 30 days after you receive this Order, this Protective Order will continue in effect as issued. Enforceability of the Sexual Abuse Protective Order The Sexual Abuse Protective Order you have received is in effect and remains in effect until the court modifies (changes) it, terminates (ends) it, or until it expires. The order may also be renewed if the court finds that it is objectively reasonable for a person in Petitioner222s situation to fear for their physical safety if the order is not renewed. If you are arrested for violating this order, the security amount (bail) is $5,000 unless a different amount is ordered by the court. This Sexual Abuse Protective Order, or any Order continuing or changing this Order, is enforceable in every county in Oregon. It is also enforceable in all 50 states, the District of Columbia, tribal lands, and territories of the United States. Violation of the Sexual Abuse Protective Order Violation of any part of this Sexual Abuse Protective Order, or any Order continuing or changing this Order, const