Restraining Orders

When you file a Family Abuse Prevention Act restraining order, an “exceptional circumstances” hearing will be scheduled if the judge decides that there are issues affecting the custody of your children and the judge needs more information to make a decision about custody or parenting time. The judge will order that this hearing be held within 14 days. However, the abuser can request an earlier hearing, which would be held within five days after s/he requests it. At the hearing, the judge will ask both you and the respondent to appear and provide more information about the children so that the judge can make a decision about temporary custody.¹ For example, the judge may order an exceptional circumstances hearing if you are not the usual and primary caretaker of the children or if your request for custody conflicts with a previous order in another court case.

¹ O.R.S. § 107.718(2)