Asked in Family Law for Oregon

Q: my ex got a restraining order against me and put on there I can have visitation with my son, I haven't got to see him

I have not got to see my son in 4 months

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Beaverton, OR
  • Licensed in Oregon

A: A restraining order is a court order, and as is true with all court orders, it must be complied with by both parties.

The restraining order is effective for one year and can be renewed annually.

You may request a hearing within 30 days after you were served with the order. If you do not do that, then the restraining order will remain effective. After the 30-day period, you may only request a hearing dealing with modification of custody or parenting-time provisions.

Any time after a restraining order has been entered, either parent can file papers to ask the court to change or remove terms affecting custody and parenting time. Forms to modify a restraining order are available at the courthouse or online.

A restraining order can only deal with parenting time issues temporarily. To get “permanent” parenting time orders, you need to a file a modification action in your divorce or custody case.

In the meantime, you should carefully review your restraining order and follow its terms until it is modified by the court. If a parent is violating the terms of the restraining order and not allowing court-ordered parenting time, you may also file papers to ask the court to enforce the terms of the court order and allow make-up parenting time.

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