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

Related Topics:
1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.