Portland, OR asked in Family Law for Oregon

Q: Can a judge grant an immidate danger order against the sole custody parent without any evidence. personal oopinion

I filled an objection hearing she didn't allow it.

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1 Lawyer Answer
M. Nicole Clooten
M. Nicole Clooten
  • Pendleton, OR
  • Licensed in Oregon

A: Testimony in itself is evidence, and because of the quick-set nature of immediate danger hearings, that is often the only evidence. Were you at the initial appearance, and if so, did you present testimony there? If so, the court does not have to set a hearing for objection. If not, the court is required to set a hearing if you have properly requested one. When confronted with this situation, I normally show up at the initial appearance to get information, but reserve putting on evidence until the objection hearing.

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