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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9319
Experience:  Experienced Family Law Attorney
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I have a court date next week for a protective order I'm

Customer Question

I have a court date next week for a protective order I'm assking to be dropped my ex daughter inlaw filed in Curry countie circuite court. Claiming that I sexaully assualeted her of course I didnt. This is simply a ploy to go after custody from my son. She kept Elizabeth after her parenting time had ended my son had to get a expartay order with emergncy pick up order and a show cause hearing was set up. which has since been completed the ex daghter in law was held in contempt. since my grand daughter has returned the criminal aspect of an investigation has completed by the state troopers herre in Mi unfounded turned in to the proseccuter and no charges. DHS completeed theirs also unfounded. but I can't get copy's in time for the hearing. back to the filing of the protective order first line asks if you are a resident of curry countie Oregon wich Randa is not she just moved up their two weeks prior and the clerk at the court house saidd you need to have six months to be a resident my grandaughter is a Mi resident which is who Randa filed on behalf of is that even legal.
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Customer: are you there
JA: No. I'm the Lawyer's Assistant.
Customer: No its not legal
JA: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?
Customer: Oregon
JA: Has anything been filed or reported?
Customer: As far as the protective order
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think I pretty much covered it but I could copy and paste the letter I sent to the DHS in OREGON has everything in it would you like it
Submitted: 7 months ago.
Category: Family Law
Expert:  LegalGems replied 7 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 7 months ago.

Thank you for your patience; I am sorry you are having to deal with this.

This is a guide on what to expect in court.

Any proceedings involving a child are governed by the UCCJEA, including protective orders-please see this statute:

http://www.oregonlaws.org/ors/107.707 but that only applies to actions between the parents, not relatives.

Here is the statute that allows for restraining orders:

http://www.oregonlaws.org/ors/135.873

There is no restriction that the petitioner be a resident for 180 days, so the court may still issue the order. However, it can be challenged on substantive issues.

So the party can get any needed information before the court via affidavit- here are instructions and a form.

So the respondent can address the result of any investigation in another state, referencing that the case was resolved favorably in resondent's favor, and that records can be obtained but there was insufficient time to do so.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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