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Outline

The Oregon 8 080 3 form serves as a crucial legal document for individuals seeking to request a hearing regarding a Statutory Restraining Order in the Circuit Court of Linn County. This form is designed for various parties, including petitioners, respondents, and unmarried parents, who wish to either terminate or modify specific terms of an existing restraining order. Within the form, individuals must clearly outline the particular paragraphs they seek to change, providing a detailed explanation for each request. The process is structured to ensure that all parties understand their rights and responsibilities, with an emphasis on self-representation. Additionally, the form includes a section for the petitioner or respondent to certify their own document preparation, indicating whether they received assistance or completed it independently. This aspect highlights the accessibility of the legal system, allowing individuals to navigate it without necessarily requiring legal counsel. Furthermore, the form requires a certificate of mailing, ensuring that all involved parties are informed of the proceedings. By detailing these components, the Oregon 8 080 3 form plays an essential role in facilitating legal processes related to restraining orders, ultimately promoting fairness and clarity in the judicial system.

Sample - Oregon 8 080 3 Form

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR LINN COUNTY

 

 

)

Case No: ______________________

 

 

)

 

 

 

Petitioner

)

REQUEST FOR HEARING RE:

and

)

 

STATUTORY RESTRAINING

 

 

)

 

ORDER

 

 

)

 

Marriage

 

 

)

 

Registered Domestic

 

Respondent

)

 

Partnership (RDP)

 

 

 

 

Unmarried Parents

 

 

)

 

I, Petitioner

Respondent, request a hearing to terminate or modify the following terms of

the Statutory Restraining Order (explain):

 

 

 

a.

Paragraph 1 Terminate (or)

Modify :

 

b. Paragraph 2

Terminate (or)

Modify :

c. Paragraph 3

Terminate (or)

Modify :

I

will

d. Paragraph 4 Terminate (or) Modify :

Additional pages attached, titled “Termination or Modification requests, continued”

will not be represented by a lawyer at the hearing.

Certificate of Document Preparation. Check all that apply:

I chose this form for myself and completed it without paid help.

A legal help organization helped me choose or complete this form, but I did not pay money to anyone.

I paid (or will pay)

 

 

for help choosing, completing, or reviewing this form.

 

 

 

 

 

 

Date

 

 

 

Signature

 

 

 

 

 

 

 

 

 

 

 

Name (printed)

 

 

 

 

 

Contact Address

 

City / State / ZIP

Contact Phone

Icertify that on (date): United States mail to

Certificate of Mailing

I placed a true and complete copy of this request in the Petitioner Respondent at (address):

Date

Signature

 

 

 

Print Name

Page 1 - Form 8.080.3 REQUEST FOR HEARING RE: STATUTORY RESTRAINING ORDER (Revised 8-1-14)

Form Information

Fact Name Fact Description
Governing Law The Oregon 8 080 3 form is governed by Oregon Revised Statutes (ORS) Chapter 107, which covers family law matters including restraining orders.
Purpose This form is used to request a hearing regarding the termination or modification of a statutory restraining order.
Eligibility Petitioners can be individuals involved in a marriage, registered domestic partnership, or unmarried parents.
Form Structure The form includes sections for detailing specific paragraphs of the restraining order that the petitioner wishes to terminate or modify.
Legal Representation The form allows petitioners to indicate whether they will be represented by a lawyer during the hearing.
Document Preparation Petitioners must certify their method of document preparation, indicating whether they completed the form with or without paid assistance.
Filing Requirements A true and complete copy of the request must be mailed to the respondent, and this must be documented in the form.
Signature Requirement The form requires signatures from both the petitioner and the individual preparing the document, affirming its accuracy.
Revision Date The current version of the form was revised on August 1, 2014, reflecting updates in legal procedures.
Additional Pages If necessary, petitioners can attach additional pages to elaborate on their requests for termination or modification.

Detailed Guide for Filling Out Oregon 8 080 3

Completing the Oregon 8 080 3 form is a straightforward process. This form is used to request a hearing regarding a Statutory Restraining Order. Follow these steps carefully to ensure all necessary information is accurately provided.

  1. Begin by entering the case number at the top of the form in the designated space.
  2. Identify yourself as either the Petitioner or Respondent. Mark the appropriate box.
  3. In the section requesting a hearing, clearly state whether you wish to terminate or modify each of the paragraphs listed. Provide specific details for each paragraph as needed.
  4. If you need additional space for your requests, attach extra pages titled “Termination or Modification requests, continued.”
  5. Indicate whether you will be represented by a lawyer at the hearing by checking the appropriate box.
  6. Complete the Certificate of Document Preparation section. Check all applicable boxes to indicate how you completed the form.
  7. Enter the date on which you are completing the form.
  8. Sign the form where indicated. Print your name clearly beneath your signature.
  9. Provide your contact address, including city, state, and ZIP code.
  10. Include your contact phone number.
  11. In the Certificate of Mailing section, enter the date you mailed a true and complete copy of this request to the other party. Fill in the address of the Petitioner or Respondent.
  12. Sign and print your name in the designated areas for the Certificate of Mailing.

Obtain Answers on Oregon 8 080 3

  1. What is the purpose of the Oregon 8 080 3 form?

    The Oregon 8 080 3 form is used to request a hearing regarding a Statutory Restraining Order. This form allows a petitioner or respondent to either terminate or modify the terms of an existing restraining order. It is essential for individuals who need to change the conditions set by the court in their restraining order.

  2. Who can use the Oregon 8 080 3 form?

    Any individual involved in a case related to marriage, registered domestic partnerships, or unmarried parents can use this form. The person filing the request must be the petitioner or respondent in the case. This form is designed for those who wish to represent themselves in court without legal representation.

  3. What information do I need to provide on the form?

    You will need to fill in the following information:

    • Your name and contact information.
    • The case number assigned by the court.
    • The specific paragraphs of the restraining order you wish to terminate or modify.
    • A statement indicating whether you are being represented by a lawyer.

    Make sure to include any additional pages if you have more requests for termination or modification.

  4. What happens after I submit the form?

    Once you submit the Oregon 8 080 3 form, the court will schedule a hearing. You will receive a notice with the date and time of this hearing. It is important to attend the hearing, as it is your opportunity to present your case for modifying or terminating the restraining order.

  5. Is there a fee to file the Oregon 8 080 3 form?

    Generally, there may be a filing fee associated with submitting this form. However, fees can vary by county. If you cannot afford the fee, you might be able to request a fee waiver. It is advisable to check with the local court for specific information regarding fees and waivers.

Common mistakes

Filling out the Oregon 8 080 3 form can be a straightforward process, but many individuals make common mistakes that can lead to delays or complications. One frequent error is failing to provide a complete case number. This number is essential for the court to track the case efficiently. Omitting or incorrectly entering this information can cause significant setbacks.

Another mistake often seen is not clearly explaining the reasons for requesting a termination or modification of the statutory restraining order. Each paragraph that needs attention should have a specific rationale attached. Vague or incomplete explanations can confuse the court and may result in a denial of the request.

Many people also overlook the importance of signing the form. A signature indicates that the petitioner understands the contents and agrees to the requests made. Without a signature, the form is incomplete and will not be processed. Additionally, failing to date the signature can lead to further complications.

Inaccurate contact information is another common oversight. Providing an incorrect address or phone number can hinder communication from the court. It is crucial to ensure that all contact details are accurate and up-to-date, as this allows the court to reach the petitioner if necessary.

Lastly, some individuals forget to check the appropriate boxes in the Certificate of Document Preparation section. This section is vital for indicating how the form was completed. Omitting this information can raise questions about the legitimacy of the filing and may require additional clarification.

Documents used along the form

The Oregon 8 080 3 form is a crucial document used in legal proceedings related to statutory restraining orders. When individuals seek to modify or terminate such orders, they may need to complete additional forms to ensure all aspects of their case are adequately addressed. Below are some other forms and documents often used alongside the Oregon 8 080 3 form.

  • Certificate of Document Preparation: This document certifies that the individual preparing the legal documents did so without paid assistance or with help from a legal aid organization. It is important for ensuring transparency about the preparation of the forms.
  • Notice of Hearing: This document informs all parties involved of the date and time of the hearing related to the statutory restraining order. It is essential for ensuring that everyone has the opportunity to participate in the legal process.
  • Affidavit of Service: This form verifies that the petitioner has served the necessary documents to the respondent. It provides proof that all parties have received the required information, which is critical for the court's consideration.
  • Response to Request for Hearing: This document allows the respondent to formally respond to the petitioner's request for a hearing. It outlines their position and any objections they may have regarding the modification or termination of the restraining order.

These documents work together to create a comprehensive legal framework for addressing issues related to statutory restraining orders. Proper completion and submission of these forms can significantly impact the outcome of the hearing.

Similar forms

The Oregon 8 080 3 form is used to request a hearing regarding a statutory restraining order. Several other documents serve similar purposes in legal contexts, particularly in family law and restraining orders. Below is a list of seven documents that share similarities with the Oregon 8 080 3 form:

  • Petition for Restraining Order: This document initiates the process for obtaining a restraining order, outlining the reasons for the request and the specifics of the situation.
  • Motion to Modify Restraining Order: Similar to the Oregon 8 080 3 form, this motion requests changes to an existing restraining order, detailing the specific modifications sought.
  • Notice of Hearing: This document informs all parties involved of the date and time of the hearing related to the restraining order or modification request.
  • Affidavit in Support of Restraining Order: This sworn statement provides evidence and justification for the restraining order, supporting the claims made in the petition.
  • Response to Petition for Restraining Order: This document allows the respondent to present their side of the case, addressing the claims made by the petitioner.
  • Order of Protection: Issued by the court, this document formally establishes the terms of protection for the petitioner, similar to the outcomes sought in the Oregon 8 080 3 form.
  • Certificate of Service: This document verifies that all necessary parties have been notified of the proceedings, ensuring due process is followed.

Dos and Don'ts

When filling out the Oregon 8 080 3 form, it’s important to keep a few key things in mind. Here’s a list of what to do and what to avoid:

  • Do: Read the form carefully before you start filling it out.
  • Do: Provide clear and specific information in each section.
  • Do: Make sure to sign and date the form at the end.
  • Do: Keep a copy of the completed form for your records.
  • Don't: Leave any sections blank; fill out everything that applies to you.
  • Don't: Use legal jargon or complicated language; keep it simple.
  • Don't: Forget to check your contact information for accuracy.
  • Don't: Submit the form without reviewing it for mistakes.

Misconceptions

Understanding the Oregon 8 080 3 form is crucial for anyone involved in legal proceedings regarding statutory restraining orders. However, several misconceptions often arise. Here are seven common misunderstandings:

  • Misconception 1: The form can only be used by individuals with legal representation.
  • This is incorrect. The Oregon 8 080 3 form is designed for individuals who may not have a lawyer. Anyone can fill out and submit this form to request a hearing.

  • Misconception 2: The form is only applicable to married couples.
  • In reality, this form is relevant for various situations, including registered domestic partnerships and unmarried parents. It is not limited to marriages.

  • Misconception 3: The form guarantees a hearing will be scheduled.
  • Submitting the form does not automatically ensure a hearing. The court will review the request and decide whether to grant it based on the circumstances.

  • Misconception 4: There is no need to explain the request for termination or modification.
  • Explanations are essential. The form requires detailed reasons for the requested changes to the statutory restraining order, which helps the court understand the context.

  • Misconception 5: You cannot attach additional pages to the form.
  • On the contrary, additional pages can be attached if necessary. These should be clearly labeled to ensure the court understands the requests being made.

  • Misconception 6: The form does not require a signature.
  • A signature is mandatory. The petitioner must sign the form to certify that the information provided is accurate and complete.

  • Misconception 7: The form is only for individuals seeking to terminate a restraining order.
  • This form can also be used to modify existing orders. Whether a person wants to change or end the order, the 8 080 3 form is applicable.

Key takeaways

Filling out and using the Oregon 8 080 3 form requires attention to detail and an understanding of the process. Here are key takeaways to consider:

  • The form is used to request a hearing regarding a Statutory Restraining Order in Oregon.
  • It is important to clearly identify whether you are the Petitioner or the Respondent in the case.
  • Each paragraph of the restraining order can be terminated or modified; specify which paragraphs you wish to address.
  • Additional pages may be attached if more space is needed for modification requests.
  • Representation by a lawyer is not required; individuals can represent themselves.
  • Check the appropriate box to indicate how you completed the form, especially regarding legal assistance.
  • Provide accurate contact information, including your name, address, and phone number.
  • Sign and date the form to certify that the information provided is true and complete.
  • Ensure that a copy of the request is mailed to the other party involved in the case.
  • Keep a copy of the completed form for your records after submission.