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The Oregon 8 080 3 form serves as a critical legal instrument for individuals seeking to modify or terminate the terms of a Statutory Restraining Order in the context of family law. This form is utilized within the Circuit Court of Linn County and is specifically designed for petitioners involved in marriage, registered domestic partnerships, or cases concerning unmarried parents. It allows the petitioner to clearly outline which specific paragraphs of the restraining order they wish to address, providing options to terminate or modify each paragraph as necessary. The form also includes a section for the petitioner to indicate whether they have received assistance in completing the form, ensuring transparency regarding the preparation process. Additionally, it requires the petitioner to certify the mailing of the request to the respondent, thus establishing a formal record of communication. By facilitating a structured approach to requesting a hearing, the Oregon 8 080 3 form plays an essential role in the legal proceedings surrounding restraining orders, enabling individuals to seek changes to their circumstances in a clear and organized manner.

Common mistakes

  1. Incomplete Information: One common mistake is failing to fill out all required sections of the form. It is essential to provide complete details, especially in the paragraphs that request termination or modification of the restraining order. Omitting information can lead to delays or denials in processing the request.

  2. Incorrect Case Number: Many individuals mistakenly enter the wrong case number or forget to include it altogether. The case number is crucial for the court to locate the correct files and process the request efficiently. Always double-check this information before submission.

  3. Signature Issues: Failing to sign the form or providing an illegible signature is another frequent error. The court requires a clear and valid signature to authenticate the request. Without it, the form may be rejected or returned for correction.

  4. Misunderstanding Legal Terms: Some people might misinterpret the terms used in the form, such as "terminate" or "modify." Understanding these terms is vital to ensure that the request accurately reflects the desired outcome. Seeking clarification on these terms can prevent misunderstandings and ensure that the request aligns with the individual's intentions.

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Listed Questions and Answers

  1. What is the Oregon 8 080 3 form?

    The Oregon 8 080 3 form is a legal document used in Linn County to request a hearing regarding a Statutory Restraining Order. This form allows a petitioner or respondent to seek changes to the terms of an existing restraining order, whether that means terminating it or modifying specific paragraphs within it.

  2. Who can use this form?

    This form can be used by individuals involved in a legal relationship such as marriage, registered domestic partnership, or unmarried parents. If you are a petitioner or respondent seeking to change the terms of a restraining order, this form is appropriate for your situation.

  3. What information do I need to provide?

    You will need to fill out the case number and provide details about the specific paragraphs of the restraining order you wish to terminate or modify. Each paragraph must be clearly identified, and you may attach additional pages if necessary. Be sure to include your contact information as well.

  4. Do I need a lawyer to file this form?

    No, you do not need a lawyer to file the Oregon 8 080 3 form. The form allows you to represent yourself. However, if you feel uncertain about the process, seeking legal advice may be beneficial.

  5. How do I submit the form?

    Once you have completed the form, you will need to submit it to the Circuit Court of Linn County. Make sure to send a true and complete copy to the other party involved in the case. You can do this by mail, and you must include a Certificate of Mailing to confirm that you have sent the document.

  6. What happens after I submit the form?

    After you submit the form, the court will schedule a hearing. You will be notified of the date and time. It is crucial to attend this hearing, as it is your opportunity to present your case and explain why you want to modify or terminate the restraining order.

  7. What if I need help filling out the form?

    If you require assistance with the form, you have several options. You can seek help from a legal aid organization that provides free services. Alternatively, you may choose to pay for professional help if you prefer. Just be sure to indicate on the form how you completed it.

Form Specifications

Fact Name Details
Form Title REQUEST FOR HEARING RE: STATUTORY RESTRAINING ORDER
Governing Law Oregon Revised Statutes, Chapter 107
Form Purpose This form allows a petitioner to request a hearing to modify or terminate a statutory restraining order.
Applicable Cases Used in marriage, registered domestic partnership, and unmarried parents cases.
Paragraph Modifications The form includes specific paragraphs for which the petitioner can request termination or modification.
Legal Representation The petitioner may represent themselves or have legal assistance, but not mandatory.
Document Preparation Certification The form includes a section for certifying how the document was prepared.
Mailing Requirement A certificate of mailing is required to confirm that a copy was sent to the respondent.
Signature Requirement The petitioner must sign and date the form to validate the request.
Revised Date The form was last revised on August 1, 2014.