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The Jackson County Courthouse Restraining Order form is a crucial legal document designed to protect individuals from abuse or harassment. This form entails a comprehensive process, starting with daily restraining order hearings held at 1:00 p.m. Applicants must ensure that they complete and submit required documents by 10:30 a.m. on the same day to secure a hearing. The required paperwork includes crucial elements like the Petition for a Restraining Order, the Confidential Information Forms, and accompanying instructions that must be followed carefully. It is essential to pay attention to the qualifications needed to obtain a restraining order, which hinge on recent abuse, the relationship to the respondent, age, and ongoing danger. Community Works Victim Services offers free and confidential support to those navigating this process, providing advocacy, safety planning, and emotional assistance. After filing, individuals attend a hearing where a judge will consider their request, and if granted, the order can be enforced against the respondent. Should violations occur, the affected parties are advised to contact law enforcement, as noncompliance carries legal repercussions for the respondent.

Jackson County Courthouse Restraining Order Example

Ja ck son Cou n t y Re st r a in in g Or d e r Pr oce ss

Rest r aining Or der Hear ings ar e set daily at 1: 00pm .

Docum ent s m u st be com ple t e d a n d su bm it t e d by 1 0 :3 0 a m t o be

scheduled for a hear ing t hat sam e day .

Docum ent s t hat ar e incom plet e and/ or subm it t ed aft er 10: 30am w ill be scheduled for hear ing t he follow ing day .

Aft er t he hear ing, please hav e a seat in t he lobby and w e w ill call y our nam e w hen y our copies ar e r eady . This pr ocess t ak es appr ox im at ely 45 - 60

m inut es.

This pack et consist s of:

OCOM M U N I TY W ORKS V I CTI M SERV I CES I N FORM ATI ON PAGE

OI N STRU CTI ON S - Please r ead t hese inst r uct ions t hor oughly as t hey

descr ibe t he qualificat ions for obt aining a Rest r aining Or der

OPETI TI ON – Com plet e ent ir ely but DO NOT SI GN unt il y our signat ur e can be w it nessed by a cour t cler k or not ar y .

O RESTRAI N I N G ORD ER – Com plet e t he nam es at t he t op of page 1,

t hen sk ip t o page 3 t o begin m ar k ing w hat y ou w ould lik e t he j udge t o or der .

OFAM I LY LAW CON FI D EN TI AL I N FORM ATI ON FORM ( CI F) – Ther e

ar e t w o ( 2) of t hese docum ent s. You m ust com plet e one w it h y our infor m at ion and one w it h t he ot her par t y ’s infor m at ion .

ON OTI CE OF FI LI N G OF CON FI D EN TI AL I N FORM ATI ON FORM – com plet e ent ir ely .

OCON TESTI N G A FAPA I N STRUCTI ON S – infor m at ion t o t he par t y being r est r ained.

ON OTI CE TO RESPON D EN T/ REQUEST FOR H EARI N G - com plet e t he nam es at t he t op of page 1 of 4 and pg 3 of 4 .

Public FAPA info

8/ 2/ 12

Community Works Victim Services

Court Advocate’s Office

100 South Oakdale, Rm. 325

Medford, Oregon 97501

541-774-4986

24/7 Crisis and Information Line: HelpLine 541-779-HELP (4357)

If you are a victim seeking support and help with a protective order, the Community Works Court Advocates can help. Our services are free and confidential. The Community Works Court Advocate’s Office provides comprehensive advocacy to individuals victimized by domestic violence, sexual assault and stalking. Spanish speaking advocates are available and we can assist people who speak most languages.

The Court Advocates assists victims with information about obtaining and keeping restraining orders.

The Court Advocates provide information about obtaining stalking orders.

The Court Advocates provide services to victims, their children, family and friends including educational information, safety planning, emotional support and referrals to needed resources.

The Court Advocates provide support to victims preparing for court hearings and trials and can sit with victims in hearings and trials to offer support and help in understanding what is taking place.

The Court Advocates work together with other agencies and service providers to help the victims we serve.

The Court Advocates provide crisis intervention counseling in person and by phone.

The Court Advocates facilitate the instruction of the Alternatives to Violence classes for both men and women and the registration for domestic violence survivor support groups throughout the community.

GETTING A FAMILY ABUSE PREVENTION ACT (FAPA)

RESTRAINING ORDER

INSTRUCTIONS

IMPORTANT NOTE

INFORMATION THAT MUST BE KEPT CONFIDENTIAL

You must keep certain information (“confidential personal information”) out of any papers you file or submit to the court and, instead, provide that information in a Confidential Information Form (CIF). “Confidential Personal Information” includes social security number; date of birth; former legal names, driver license numbers; and employer’s name, address, and telephone number. It also applies to information regarding a party or a party’s 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.

Relevant Rules and Forms

UTCR 2.130. – Family Law Confidential Information Forms

UTCR Form 2.130.1 – Family Law Confidential Information Form

UTCR Form 2.130.2 – Notice of Filing Confidential Information Form

WHAT IS A RESTRAINING ORDER?

A restraining order is a court order that tells the person who hurt you (the respondent) to leave you and your children alone. It can tell the respondent to move from your home and can deal with temporary custody and parenting time of your children. You can ask the judge to add other orders (listed in the restraining order papers) that you think will help you stay safe. You also can ask the court to include an order that says the respondent cannot have guns. A restraining order can deal with custody and parenting time issues only temporarily. To get “permanent” custody and parenting time orders, you will need to a file a family law case, such as a divorce or a custody case.

WHAT ARE THE REQUIREMENTS FOR GETTING A RESTRAINING ORDER?

1. Age

You must be at least 18 years old or

 

You are younger than 18 and the person who abused you is at least 18 and

you are (or were) married to that person or

you have been in a sexual relationship with that person.

2. Relationship The person who abused you is:

your husband, wife or domestic partner

your former husband, wife, or domestic partner

an adult with whom you are living (or did live) in a sexual relationship

an adult with whom you have been in a sexual relationship in the last two years

an adult related to you by blood, marriage, or adoption

the parent of your child

INSTRUCTIONS – OBTAINING A FAPA RESTRAINING ORDER - Page 1 of 4

Public FAPA Instructions Obtain Jackson

5/24/12

3. Abuse

In the last 180 days*, the person who abused you must have:

 

physically injured you or

 

tried to physically injure you or

 

made you afraid that he or she was about to physically injure you or

 

made you have sexual relations against your wishes by using force or threats of

 

force

 

(*Any time period when the person who abused you was in jail or lived more than 100

 

miles from your home does not count as part of the 180 day period. This means you may

 

still be able to get a restraining order even if it has been more than 180 days since you were

 

abused.)

4.Ongoing You are in danger of more abuse very soon, and the person who abused you is a threat to

Danger

the physical safety of you or your children.

NOTE: A judge cannot give you a restraining order solely for threats to take your children, rude behavior, verbal or emotional abuse, or damaged property unless you were in fear that you were about to be physically injured.

WHERE DO I FILE FOR A RESTRAINING ORDER AND HOW MUCH DOES IT COST?

You must file for a restraining order in the courthouse in the county where either you or the respondent live. Getting a restraining order is free.

HOW DO I FILL OUT THE PAPERS TO GET A RESTRAINING ORDER?

Use a blue or black ballpoint pen and write clearly. Answer each question carefully and tell the truth. Do not write in the part of the papers that say “Judge’s Initials”. You will need to sign in front of a notary or court clerk. Bring photo ID. If you need assistance completing the forms, please visit the Community Works Victim Services Court Advocate’s Office on the third floor of the Jackson County Justice Building at 100 S. Oakdale. Advocates and court staff cannot answer legal questions.

WHAT HAPPENS AFTER I FILL OUT THE PAPERS?

You will be scheduled for a hearing at 1:00 pm on either the day you file your forms or the following business day (depending upon what time you filed your forms with the court). The judge may ask you some questions. If the judge gives you the restraining order, court staff will make copies for you. You will need to have one of the copies hand-delivered to the other person by a sheriff’s deputy (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 declaration of service. There is a form in the packet, but some servers use their own forms. Talk to the court clerk about ways to get the respondent served. The respondent cannot be punished for violating (not following) the restraining order until after service.

WILL ADDITIONAL HEARINGS BE SCHEDULED?

In a few cases, the judge may wait to make a custody order and will set a hearing to get more information about the children from you and the respondent. You must go to that hearing or the order will probably be dismissed (dropped).

Otherwise, the respondent has 30 days from the date of service to request a hearing contesting the restraining order. If the respondent does not request a hearing, the restraining order will stay in effect. After 30 days from the date of service, if the restraining order has not been dismissed, the only type of hearing a party may request is to make changes to custody and/or parenting time, respondent’s removal from the home, respondent’s restrictions from other premises, or contact by the respondent in-person, by telephone, or otherwise.

INSTRUCTIONS – OBTAINING A FAPA RESTRAINING ORDER - Page 2 of 4

Public FAPA Instructions Obtain Jackson

5/24/12

If the respondent does request a hearing, it will be held very quickly. You may have as little as two days to get ready to go to the hearing. 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 check to see if a hearing has been set.

You must go to the hearing or the order will probably be dropped. 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.

WHAT HAPPENS AT THE HEARING REQUESTED BY THE RESPONDENT?

The purpose of the hearing is to decide whether or not the restraining order will remain in effect, and if it does remain in effect, if the order will stay the same or change in some way. The judge may decide not to change the order even if both sides agree that they want the same changes.

At the hearing, you must prove that you have been abused and that you are in danger of further abuse. You should be ready to give your own testimony, call witnesses, and give the judge any evidence you have (such as photos of your injuries). In some cases, if the restraining order stays in effect, it will be against the law for the respondent to have guns. If you are worried about your safety, you may ask for a sheriff’s deputy to be present in the courtroom.

HOW LONG DOES A RESTRAINING ORDER LAST?

A restraining order lasts for one year from the date the judge signed it or until a judge orders it cancelled. It can be renewed for one year at a time, if the judge believes you are likely still in danger. To renew the order, you must file the court paperwork before the order ends.

WHAT CAN I DO IF THE RESPONDENT VIOLATES (DOES NOT FOLLOW) THE RESTRAINING ORDER?

You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If found guilty of contempt, the respondent can be fined, placed on probation, or put in jail. It is best that you carry a copy of the restraining order with you at all times and that you not contact the other party. A restraining order does not guarantee your safety. You can take other steps to stay safe. A domestic violence or sexual assault program can help.

For information regarding domestic violence resources, please visit our website. http://courts.oregon.gov/OJD/OSCA/cpsd/courtimprovement/familylaw/domesticviolence.page?

WHAT IF I WANT TO DROP THE RESTRAINING ORDER?

After taking the Alternatives to Violence class, you must file papers at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it. It may take a few days for law enforcement to get notice of the dismissal. Contact the Community Works Victim Services at 541-774-4985 for more information on the Alternatives to Violence class.

INSTRUCTIONS – OBTAINING A FAPA RESTRAINING ORDER - Page 3 of 4

Public FAPA Instructions Obtain Jackson

5/24/12

CAN THE RESTRAINING ORDER BE CHANGED WHILE IT IS IN EFFECT?

At any time after a restraining order has been entered, you may request that the court modify, remove, or make less restrictive those terms involving custody and parenting time, respondent’s removal from the house, respondent’s restrictions from other premises, or contact by the respondent in-person, by telephone or otherwise. The party (you or the respondent) who wants to make a change must file paperwork at the courthouse. If the Petitioner requests a change that removes or makes less restrictive the terms involving respondent’s removal from the home, respondent’s restrictions from other premises, or contact by the respondent in-person, by telephone or otherwise, the judge may sign an order changing the terms without requiring a hearing. Otherwise, the judge will sign an order for the other party to appear.

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 obtain the restraining order, but you can have a lawyer represent or help you if you wish. If you need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral Service at 503.684.3763 or 800.452.7636. The Center for Non-Profit Legal Services (Legal Aid) in Jackson County does not assist with restraining orders.

WHAT IF I NEED AN ACCOMMODATION OR AN INTERPRETER?

If you have a disability and need an accommodation, or you are unable to speak English and 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 – OBTAINING A FAPA RESTRAINING ORDER - Page 4 of 4

Public FAPA Instructions Obtain Jackson

5/24/12

IN THE CIRCUIT COURT OF THE STATE OF OREGON

COUNTY OF JACKSON

 

 

 

 

 

)

 

 

 

 

 

 

See CIF

)

Case No.

 

 

Petitioner (your full name)

(date of birth) )

 

 

 

 

 

 

 

 

)

PETITION FOR RESTRAINING ORDER

v.

 

 

 

)

TO PREVENT ABUSE

 

 

 

 

 

)

(Family Abuse Prevention Act)

 

 

 

 

 

)

ORS 107.700 – 107.735

 

 

 

See CIF

 

)

 

 

 

Respondent

(date of birth) )

 

 

 

(full name of person restrained).

 

 

 

)

 

 

 

NOTICE TO PETITIONER

You must provide complete and truthful information. If you do not, the court may dismiss any restraining order and may also hold you in contempt.

Contact Address and Telephone Number: If you wish to have your residential address or telephone number withheld from Respondent, use a contact address and telephone number so the court and the sheriff can reach you if necessary.

NOTICE TO PETITIONER

You must keep certain information (“confidential personal information”) out of any papers you file or submit to the court and, instead, provide that information in a Confidential Information Form (CIF). On this document, where that confidential personal information would otherwise appear, you must provide that in a Confidential Information Form (CIF) under UTCR 2.130 (see instructions).

I am the Petitioner and I state that the following information is true:

I am a resident of

 

 

 

 

 

County, Oregon. I am

 

 

years old.

Respondent is a resident of

 

 

 

County, State of

.

Respondent is

 

 

years old.

 

 

 

 

 

 

 

 

At the hearing, I will need an interpreter in the

 

 

 

 

 

language.

At the hearing, I will need American’s with Disabilities Act accommodations.

1. CHECK and FILL OUT ALL THAT APPLY:

A. Respondent is my spouse/domestic partner former spouse/domestic partner. We were

married/registered on

 

 

(date). Our marriage/partnership was dissolved on

 

 

(date).

B. Respondent and I are adults related by blood, marriage, or adoption. Respondent is my (type of relationship).

C. Respondent and I have been cohabiting (living together in a sexually intimate relationship) since

(date), or cohabited from

 

(date) to

 

(date).

D. Respondent and I have been involved in a sexually intimate relationship within the last two years.

E. Respondent and I are the unmarried parents of a child.

F. I am a minor and have been involved in a sexually intimate relationship with Respondent, who is 18 years of age or older.

PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 1 of 6

(FAPA 3/10)

2.WITHIN THE LAST 180 DAYS**, RESPONDENT HAS (check all that apply):

A. Caused me bodily injury.

B. Attempted to cause me bodily injury.

C. Placed me in fear of imminent bodily injury.

D. Caused me to engage in involuntary sexual relations by force or threat of force

**THE 180 DAY PERIOD CAN BE INCREASED BY THE AMOUNT OF TIME RESPONDENT WAS IN JAIL, IN PRISON, OR LIVED MORE THAN 100 MILES FROM YOUR HOME:

The Respondent was incarcerated from

 

to

 

.

The Respondent lived more than 100 miles from my home from

to(date).

3.DESCRIBE THE INCIDENT(S) OF ABUSE THAT HAPPENED IN THE LAST 180 DAYS: Describe how Respondent hurt or threatened to hurt you, starting with the most recent incident:

Date:,County/State::

Date:

 

, County/State:

:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

, County/State:

:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional pages attached labeled “Paragraph 3: Description of Abuse

PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 2 of 6

Public FAPA Petition Jackson

5/24/12

4.Are there incidents other than those described above in which the Respondent has hurt or threatened to hurt you before the 180 day period above? If yes, explain:

Describe how Respondent hurt or threatened to hurt you, starting with the most recent incident:

Date:

 

, County/State:

:

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

, County/State:

:

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

, County/State:

:

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional pages attached labeled “Paragraph 4: Additional Abuse

5.I am in imminent danger of further abuse by Respondent and the Respondent is a threat to my physical safety or the physical safety of my child/ren because:

6.IN ANY OF THE ABOVE INCIDENTS OR OTHER INCIDENTS OF ABUSE: A. Were you injured? Yes No Describe:

B. Did you seek medical treatment? Yes No Describe:

C. Were weapons involved? Yes No Describe:

D. Were drugs or alcohol involved? Yes No Describe:

E. Were the police called? Yes No Who was arrested?

7.The Respondent has access to firearms now, or I am concerned about his/her getting firearms.

I want the Respondent ordered not to possess or purchase firearms or ammunition because (explain how your and/or your children’s safety and welfare are affected by Respondent’s possession of firearms):

PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 3 of 6

Public FAPA Petition Jackson

5/24/12

8.There is another  restraining order and/or  stalking order between Respondent and me:

County, State of

 

, Case #

9.There is another court case between Respondent and me for divorce/dissolution, annulment, legal

separation, or paternity in:

 

 

County, State of

,

Case #

 

 

.

 

 

 

10.I need an order requiring Respondent to move from my residence. (Check all that apply.)

The residence is solely in my name, or jointly owned, or jointly leased by me and Respondent, or

jointly rented by me and Respondent, or Respondent is my spouse/registered domestic partner.

11.I request that Respondent pay me emergency monetary assistance (one time payment) to help me

 

and/or my child/ren in the amount of $

 

for (describe why needed):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JOINT CHILD/REN

 

 

 

12. THE CHILD/REN OF RESPONDENT AND ME WHO ARE UNDER THE AGE OF 18:

 

 

Name

 

Age

Birthdate

Gender/Sex

 

SEE CIF

SEE CIF

SEE CIF

SEE CIF

SEE CIF

SEE CIF

SEE CIF

Additional pages attached labeled “Paragraph 12: Joint Child/ren

13.The child/ren are now living with

at

 

 

(address or use a safe

 

 

 

 

 

contact address). For how long?

 

 

 

14.Where have the child/ren listed in Paragraph 12 above lived for the last five years and with whom (starting with the most recent location)?

Child’s Name

Lived With

From

(date)

To

(date)

County & State

Additional pages attached labeled “Paragraph 14: Child/ren-Past 5 Years

PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE - Page 4 of 6

Public FAPA Petition Jackson

5/24/12

File Breakdown

Fact Name Description
Daily Hearings Restraining order hearings are held daily at 1:00 PM.
Submission Deadline Documents must be completed and submitted by 10:30 AM to be scheduled for a hearing that same day.
Incomplete Documents Incomplete documents or those submitted after 10:30 AM will result in a hearing scheduled for the following day.
Post-Hearing Process After the hearing, parties should wait in the lobby until their copies are ready, which takes approximately 45 to 60 minutes.
Required Documents The restraining order packet consists of several forms, including the Community Works Victim Services Information Page and others.
Confidential Information Certain personal information must be kept confidential and filed separately using the Confidential Information Form.
Free Process Filing for a restraining order is free, regardless of the location within the courthouse.
Duration of Order A restraining order lasts for one year or until canceled by a judge. It can be renewed for another year if necessary.
Enforcement If the restraining order is violated, it is advisable to call the police, who must arrest the respondent if there is evidence of a violation.
Language Support Spanish-speaking advocates are available, along with assistance for individuals who speak various other languages.

Guide to Using Jackson County Courthouse Restraining Order

After filling out the Jackson County Courthouse Restraining Order form, the next step involves submitting your paperwork by 10:30 am for a same-day hearing. If you submit after that time, your hearing will take place the next business day. Make sure to provide all required information accurately, as incomplete forms will delay your process. You will need to bring a photo ID for verification.

  1. Use a blue or black ballpoint pen to complete the forms clearly.
  2. Fill out the Petition entirely, except do not sign until a court clerk or notary is present to witness your signature.
  3. Complete the Restraining Order section by entering names on page 1, then proceed to page 3 to select what you want the judge to order.
  4. Complete one Confidential Information Form (CIF) with your information and the second with the other party’s information.
  5. Fill out the Notice of Filing of Confidential Information Form entirely.
  6. Complete the Notice to Respondent/Request for Hearing by providing names on page 1 and page 3.

Once your documents are ready, submit them at the courthouse by the deadline to secure your hearing. Be prepared for the hearing by organizing any evidence or witnesses you may need to support your case.

Get Answers on Jackson County Courthouse Restraining Order

What should I do to prepare for a restraining order hearing?

To prepare for your hearing, ensure you fill out all necessary forms accurately and completely. Submit the documents by 10:30 a.m. on the day of your hearing. Bring a valid photo ID and arrive early. If you have evidence, such as photos or witness statements, prepare those to present in court. Familiarize yourself with the evidence you plan to share, as the judge may ask you questions about your situation.

How long does the restraining order hearing usually take?

The delay after submitting your forms typically lasts around 45 to 60 minutes. After the hearing, you’ll need to wait in the lobby until your copies of the order are ready. If the judge grants the order, court staff will provide the necessary copies for you.

What happens if the respondent contests the restraining order?

If the respondent requests a hearing to contest the restraining order, it will be scheduled quickly, often within just a couple of days. Both parties will be allowed to present their cases, where you'll need to prove that abuse occurred and that you're in danger. It's essential to attend this hearing or the order may be dismissed.

Where do I file for a restraining order, and is there a fee?

You must file for a restraining order at the courthouse in the county where you or the respondent lives. Importantly, there is no fee for filing a restraining order. You can also receive free assistance from the Community Works Victim Services Court Advocate’s Office if needed.

What if the respondent does not follow the restraining order?

If the respondent violates the restraining order, you are encouraged to call the police. Officers are required to arrest the respondent if there is credible evidence of a violation. They can face charges of contempt of court, which could lead to fines or jail time. Always carry a copy of the restraining order for reference.

Can I renew the restraining order once it expires?

A restraining order is valid for one year but can be renewed for additional one-year terms if you demonstrate ongoing danger. You will need to file the necessary paperwork before it expires to ensure continuous protection. Be proactive in monitoring the expiration date and gathering evidence if you intend to renew the order.

Common mistakes

When filling out the Jackson County Courthouse Restraining Order form, many people make common mistakes that can delay the process or even jeopardize their case. Being aware of these pitfalls can help ensure a smooth application process.

One common mistake is not completing all sections of the form. Each section is crucial for the judge to understand the situation fully. Incomplete forms can result in a scheduled hearing being pushed to the next day. Ensuring that every section is filled out can help avoid unnecessary delays and complications.

Another frequent error involves the timing of submission. Documents must be submitted by 10:30 a.m. to guarantee a hearing on the same day. Submitting after this time will automatically result in a hearing scheduled for the next day, which may not align with urgent needs for protection. To prevent this, plan ahead and allow ample time to gather and complete all necessary documents.

Many applicants also fail to properly identify the parties involved. It is essential to fill in the names accurately at the top of the form and other relevant applications. Missing or incorrect names can lead to issues with serving the respondent, prolonging the process, and affecting the enforceability of the order.

Another common mistake occurs when individuals sign the form prematurely. The signature must be completed only in front of a notary or court clerk. Signing in advance can render the application invalid and lead to additional complications. Therefore, wait until you can have your signature properly witnessed.

Some individuals neglect to provide necessary confidential information correctly. Certain personal details, such as social security numbers or former names, should not appear on the main form but need to be included in the Confidential Information Form. This step is crucial for protecting sensitive data while properly filing the request.

Finally, not seeking assistance when needed can be detrimental. The Community Works Victim Services Court Advocate’s Office offers free support and guidance. Taking advantage of available resources can enhance understanding and completion of the form correctly, ensuring that no critical detail is overlooked.

Documents used along the form

When navigating the restraining order process at the Jackson County Courthouse, several other forms and documents may be required. Each of these documents serves a specific purpose and is crucial for ensuring your legal proceedings go smoothly. Below is a list of commonly used forms associated with the restraining order process.

  • Petition for Restraining Order: This form outlines the reasons for requesting the restraining order, detailing the incidents that prompted the need for protection.
  • Notice of Filing of Confidential Information: This document informs the court that confidential information has been submitted separately, protecting sensitive data from public view.
  • Affidavit: A sworn statement that provides additional evidence or details supporting the request for a restraining order.
  • Service of Process Form: This form confirms that the respondent has been properly served with the restraining order documents, which is necessary for enforcement.
  • Confidential Information Form (CIF): Required to protect sensitive personal information of both the petitioner and respondent while filing for a restraining order.
  • Request for Hearing: This form is filed by the respondent if they wish to contest the restraining order, allowing for a court review of the situation.
  • Temporary Custody Order: If children are involved, this document addresses immediate custody arrangements during the restraining order period.
  • Financial Disclosure Form: Used to provide the court with information about financial circumstances, especially relevant if spousal support or child support is involved.
  • Renewal Application: This form is submitted if the petitioner seeks to extend an existing restraining order past its initial expiration date.

Each of these documents plays an essential role in the legal process of obtaining and upholding a restraining order. Proper completion and timely submission can help ensure that individuals receive the protection they need.

Similar forms

  • Protection Order Petition: Similar to the restraining order form, this document allows individuals to request protection from an abuser. It outlines the nature of the abusive acts and requests specific protections from the court.
  • Emergency Protective Order (EPO): This document provides immediate, temporary protection to individuals in danger. Like the restraining order, it is issued quickly to ensure safety until a full hearing can take place.
  • No Contact Order: Issued in criminal cases, this order prevents the defendant from contacting the victim. It shares similarities with the restraining order in that it restricts contact to protect the victim’s safety.
  • Child Custody Order: In cases involving children, this order addresses custody and parenting time. It can accompany a restraining order when children are involved, ensuring their safety and well-being.
  • Stalking Protective Order: This specific type of order is sought to protect individuals from stalking behaviors. It functions similarly to a restraining order but is tailored to incidents of stalking.
  • Domestic Violence Restraining Order (DVRO): Often overlapping with general restraining orders, a DVRO is specifically designed for victims of domestic violence. It outlines protections similar to those in the Jackson County form.
  • Financial Support Order: If the respondent is ordered to provide financial support, this document specifies the amounts and conditions. It can be related to protections in restraining orders when financial dependency is involved.
  • Witness Protection Order: In certain cases, this order protects witnesses from harassment or intimidation. It is similar because it involves the court’s intervention to ensure the safety of individuals in potentially harmful situations.

Dos and Don'ts

  • Do read the instructions thoroughly before filling out any forms. Understanding the requirements is crucial.
  • Do complete all required documents neatly and truthfully. Use a blue or black ballpoint pen.
  • Do submit your forms by 10:30 am if you want to be scheduled for a hearing on the same day.
  • Do have your signature witnessed by a court clerk or notary before signing any documents.
  • Do keep your confidential personal information separate as instructed.
  • Don't wait until the last minute to fill out your forms. This can lead to delays.
  • Don't write in the sections designated for the court’s initials. Leave those blank.
  • Don't submit incomplete documents. This could result in having to wait for a hearing the next day.
  • Don't serve the restraining order papers yourself. This is important for your safety.
  • Don't forget to bring a photo ID when you go to file your forms.

Misconceptions

Many people have questions and concerns when it comes to the restraining order process at the Jackson County Courthouse. Here are some common misconceptions that often arise:

  • Restraining orders are only for physical abuse. Many believe they can only be filed in cases of physical violence. However, restraining orders can also be useful for emotional abuse or threats of harm.
  • You need a lawyer to obtain a restraining order. While having legal representation can be beneficial, it is not a requirement. Individuals can file for a restraining order themselves.
  • Filing for a restraining order is expensive. In Jackson County, getting a restraining order is free of charge. No filing fees are associated with the process.
  • All restraining orders include permanent custody arrangements. Restraining orders can address custody temporarily, but separate procedures are required for permanent custody arrangements.
  • You can fill out forms without any help. While it is possible to complete the forms alone, help is available from Community Works Victim Services, which can guide individuals through the process.
  • The court automatically issues a restraining order. A judge must review the application and may ask questions before deciding to grant the order or not.
  • The respondent can be punished right away for not following the order. A respondent cannot face consequences until they have been officially served with the order, which begins the legal enforcement process.
  • You have unlimited time to file for a restraining order. There are specific criteria regarding timing, such as the requirement that abuse occurred within the last 180 days, making timely filing essential.
  • You can serve the restraining order yourself. It is important to note that individuals cannot personally deliver the order. It must be served by a sheriff or process server.
  • The restraining order will last forever. Restraining orders typically last for one year, but they can be renewed if there is still a risk of harm.

Understanding these common misconceptions can help individuals feel more confident navigating the restraining order process at the Jackson County Courthouse. If further assistance is needed, the Community Works Court Advocates are available to provide support and guidance.

Key takeaways

When considering the process of obtaining a restraining order at the Jackson County Courthouse, it is essential to be well-informed about several key elements. Below are important takeaways that can guide you through successfully completing the restraining order form and navigating the court system.

  • Filing Deadlines: It is vital to submit all required documents by 10:30 AM if you wish to be scheduled for a hearing the same day. Failing to meet this deadline means your hearing will take place the following day.
  • Complete Documentation: Ensure all forms are filled out accurately. Pay particular attention to sections that require consent, as your signature must be witnessed by a court clerk or notary.
  • Confidential Information: Certain personal information must remain confidential. Use the Confidential Information Form (CIF) for sensitive data like your social security number, ensuring it does not appear on the public filing documents.
  • Support Services: Utilize resources available through Community Works Victim Services. They provide free and confidential assistance, including advocacy and guidance throughout the restraining order process. Don't hesitate to reach out for help.