Chapter 264 Oregon Laws 2003

AN ACT

SB 118

Relating to abuse prevention; amending ORS 14.070, 107.500, 107.710, 124.005, 124.010, 124.020, 124.040, 133.055 and 135.703.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 124.005 is amended to read:

124.005. As used in ORS 124.005 to 124.040:

(1) “Abuse” means one or more of the following:

(a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(b) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.

(c) Abandonment, including desertion or willful forsaking of an elderly person or [disabled] a person with disabilities or the withdrawal or neglect of duties and obligations owed an elderly person or [disabled] a person with disabilities by a caregiver or other person.

(d) Willful infliction of physical pain or injury.

(e) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or [disabled] person with disabilities.

(f) Causing any sweepstakes promotion to be mailed to an elderly person[, disabled or incapacitated] or a person with disabilities who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court’s assistance to prevent the person from incurring further expense.

[(2) “Disabled person”:]

[(a) Has the meaning given that term in ORS 410.040 (4) if the person meets a criterion listed in ORS 410.040 (4)(b); or]

[(b) Means a person described in ORS 410.715.]

[(3)] (2) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

[(4)] (3) “Interfere” means to interpose in a way that hinders or impedes.

[(5)] (4) “Intimidate” means to compel or deter conduct by a threat.

[(6)] (5) “Menace” means to act in a threatening manner.

[(7)] (6) “Molest” means to annoy, disturb or persecute with hostile intent or injurious effect.

(7) “Person with disabilities” means a person described in:

(a) ORS 410.040 (5) if the person meets a criterion listed in ORS 410.040 (5)(b); or

(b) ORS 410.715.

(8) “Sweepstakes” means:

(a) A procedure for awarding a prize that is based on chance[. “Sweepstakes” includes any such];

(b) A procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize[. “Sweepstakes” also includes any such]; or

(c) A procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize.

(9) “Sweepstakes promotion” means an offer to participate in a sweepstakes.

SECTION 2. ORS 124.010 is amended to read:

124.010. (1) [Any] An elderly person or [disabled] a person with disabilities who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 124.005 to 124.040, if the elderly person or [disabled] person with disabilities is in immediate and present danger of further abuse from the abuser. The elderly person or [disabled] person with disabilities may seek relief by filing a petition with the circuit court alleging that the elderly person or [disabled] person with disabilities is in immediate and present danger of further abuse from the respondent, alleging that the elderly person or [disabled] person with disabilities has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and describing the nature of the abuse and the approximate dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition. Allegations in the petition shall be made under oath or affirmation. The circuit court shall have jurisdiction over all proceedings under ORS 124.005 to 124.040.

(2) The petitioner has the burden of proving a claim under ORS 124.005 to 124.040 by a preponderance of the evidence.

(3) [An elderly or disabled person’s right] The right of an elderly person or a person with disabilities to petition for relief under ORS 124.005 to 124.040 shall not be affected by the fact that the elderly person or [disabled] person with disabilities has left the residence or household to avoid abuse.

(4) A petition filed under ORS 124.005 to 124.040 shall disclose the existence of any Elderly Persons and [Disabled Person] Persons With Disabilities Abuse Prevention Act proceedings, any Abuse Prevention Act proceedings[,] or any marital annulment, dissolution or separation proceedings[,] pending between the parties.

(5) Upon the filing of a petition under ORS 124.005 to 124.040, the clerk of the court shall give the elderly person or [disabled] person with disabilities information provided by the Department of Human Services about local adult protective services, domestic violence shelters and local legal services available.

(6) For purposes of computing the 180-day period in this section and ORS 124.020, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the petitioner shall not be counted as part of the 180-day period.

SECTION 3. ORS 124.020 is amended to read:

124.020. (1) When an elderly person or [disabled] a person with disabilities files a petition under ORS 124.010, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse to the petitioner, the court shall, if requested by the petitioner, order, for a period of one year or until the order is withdrawn or amended, whichever is sooner:

(a) That the respondent be required to move from the petitioner’s residence, if in the sole name of the petitioner or if jointly owned or rented by the petitioner and the respondent, or if the parties are married to each other;

(b) That a peace officer accompany the party who is leaving or has left the parties’ residence to remove essential personal effects of the party;

(c) That the respondent be restrained from abusing, intimidating, molesting, interfering with or menacing the petitioner, or attempting to abuse, intimidate, molest, interfere with or menace the petitioner;

(d) That the respondent be restrained from entering, or attempting to enter, on any premises when it appears to the court that such restraint is necessary to prevent the respondent from abusing, intimidating, molesting, interfering with or menacing the petitioner;

(e) That the respondent be:

(A) Restrained, effective on a date not less than 150 days from the date of the order, from mailing the petitioner any sweepstakes promotion;

(B) Required to remove the petitioner from the respondent’s sweepstakes promotion mailing list or place the petitioner on a list of persons to whom sweepstakes promotions may not be mailed; and

(C) Required to promptly refund any payment received in any form from the petitioner after the date the order is entered by the court; or

(f) Other relief that the court considers necessary to provide for the safety and welfare of the petitioner.

(2) The showing required under subsection (1) of this section may be made by testimony of:

(a) The petitioner;

(b) Witnesses to the abuse; or

(3) Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the petitioner with additional abuse.

(4) An instruction brochure shall be available from the clerk of the court explaining the rights set forth under ORS 124.005 to 124.040. The petition, order and related forms shall be available from the clerk of the court and shall be in substantially the following form:

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ________

____, ) PETITION FOR

Petitioner ) RESTRAINING ORDER

(your name) ) TO PREVENT ABUSE

) OF ELDERLY PERSON OR

vs. ) [DISABLED] PERSON WITH

) DISABILITIES

)

) NO. ___

____, )

Respondent )

(person to be )

restrained) )

YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT, THE COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO HOLD YOU IN CONTEMPT OF COURT.

If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary.

ATTACH ADDITIONAL PAGES

IF NECESSARY.

I am the Petitioner and I state that the following information is true:

I am a resident of _______ County, Oregon.

Respondent is a resident of _____ County, Oregon.

I am 65 years of age or older[.]; I am ____ years of age; or I am a person with disabilities (CIRCLE THE ONE THAT DESCRIBES YOU).

1. CHECK AND FILL OUT THE SECTION(S) that apply to you and respondent:

_ A. Respondent and I have been living together since _____, __(year).

_ B. Respondent and I lived together from _____, __ (year), to_____, __(year).

_ C. I have been under the care of respondent since _____, __(year).

_ D. I was under the care of respondent from_____, __ (year), to_____, __(year).

_ E. Respondent has sent me sweepstakes promotions.

2. To qualify for a restraining order, respondent must have done one or more of the following:

Within the last 180 days, respondent has:

_ A. Caused me physical injury by other than accidental means.

_ B. Attempted to cause me physical injury by other than accidental means.

_ C. Placed me in fear of immediate serious physical injury.

_ D. Caused me physical harm by withholding services necessary to maintain my health and well-being.

_ E. Abandoned or deserted me by withdrawing or neglecting to perform duties and obligations.

_ F. Used derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to place me in fear of significant physical or emotional harm.

_ G. Sent me sweepstakes promotions, and I feel the need for the court’s assistance to protect me from further expense. I am an elderly[, disabled or incapacitated] person or a person with disabilities. In the past year, I spent more than $500 on sweepstakes promotions that I received in the United States mail.

NOTICE TO PETITIONER: Sweepstakes companies are allowed up to 150 days to stop sending you sweepstakes entry materials. For a time after the court issues a restraining order, you may receive additional solicitations from respondent. However, beginning on the date the restraining order is issued, the respondent must immediately reject any further orders from you and must return any money you send to the company after the date the restraining order is issued.

3. Any period of time after the abuse occurred during which respondent was incarcerated (in jail or prison) or lived more than 100 miles from your home is not counted as part of the 180-day period, and you may still be eligible for a restraining order.

Respondent was incarcerated from_________, __(year), to _________, __ (year).

Respondent lived more than 100 miles from my home from _____, __ (year), to_____, __(year).

4. Did the abuse happen within the last 180 days not including the times respondent was incarcerated (in jail or prison) or lived more than 100 miles from your home? Yes No

Date and location of abuse:

_______________

How did respondent injure or threaten to injure you?

_______________

5. Are there incidents other than those described in question 4 above, in which respondent injured or threatened to injure you? If yes, explain:

_______________

6. The abuse I am complaining about was witnessed by ______ (affidavit attached). Other persons with knowledge of the abuse are ______ (affidavit attached).

7. I am in immediate and present danger of further abuse by respondent because:

_______________

8. In any of the above incidents:

Were drugs, alcohol or weapons involved? Yes No

Did you need medical help? Yes No

Were the police or the courts involved? Yes No

If you have circled yes to any of the above questions, explain:

_______________

9. A. There (is) (is not) another Elderly Persons and [Disabled Person] Persons With Disabilities Abuse Prevention Act or Abuse Prevention Act proceeding pending between respondent and me. It is filed in _____ (County), _____(State), and I am (Petitioner) or (Respondent) in that case.

The case number of the case is: __________

B. There (is) (is not) another lawsuit pending between respondent and me for divorce, annulment or legal separation.

If yes, type of lawsuit: __________

It is filed in _____ (County), _____(State).

10. Respondent may be required to move from your residence if it is in your sole name, or if it is jointly owned or rented by you and respondent, or if you and respondent are married.

I (do) (do not) want respondent to move from my residence.

My residence is:

Owned Leased Rented

By: __________

PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE “PETITIONER’S REQUEST” COLUMN OF THE PROPOSED RESTRAINING ORDER, WHICH IS ATTACHED.

______________________________________________________________________________

PETITIONER MUST NOTIFY THE COURT

OF ANY CHANGE OF ADDRESS.

ALL NOTICES OF HEARING WILL

BE SENT TO THIS ADDRESS

AND DISMISSALS MAY BE

ENTERED IF YOU DO NOT APPEAR

AT A SCHEDULED HEARING.

If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary.

_______________

PETITIONER

STATE OF OREGON )

) ss.

County of___ )

SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.

_______________

NOTARY PUBLIC FOR OREGON

My commission expires: ____

RELEVANT DATA

RESPONDENT __________

Sex __ Telephone # _____

Residence Address ________

City/State/Zip __________

County __________

Birthdate ____ Age __

Race ____

Height _____ Weight _____

Eye Color _____

Hair Color _____

PETITIONER (you) ________

Sex ___ *Telephone # _____

*Residence Address ________

City/State/Zip __________

County __________

Birthdate _____ Age ___

Race _____

Height _____ Weight _____

Eye Color _____

Hair Color _____

*If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary.

PLEASE FILL OUT THIS INFORMATION

TO AID IN SERVICE OF

THE RESTRAINING ORDER

Where is respondent most likely to be located?

Residence Hours _____

Employment Hours _____

Address: ____

________

Employment Hours _____

Address: ____

________

Description of vehicle ________

__________________________

Does respondent have any weapons or access to weapons? Explain:

______________________________________________________________________________

Has respondent ever been arrested for or convicted of a violent crime? Explain:

______________________________________________________________________________

Is there anything about respondent’s character, past behavior or the present situation that indicates that respondent may be a danger to self or other? Explain:

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ________

______, )

Petitioner )

(your name) ) RESTRAINING ORDER

) TO PREVENT ABUSE

vs. )

) NO. _____

)

______, )

Respondent )

(person to be restrained) )

)

TO THE RESPONDENT:

VIOLATION OF THIS RESTRAINING ORDER

MAY RESULT IN YOUR ARREST AND IN

CIVIL AND/OR CRIMINAL PENALTIES.

REVIEW THIS ORDER CAREFULLY.

EACH PROVISION MUST BE OBEYED.

SEE YOUR RIGHTS TO A HEARING.

The Court, having reviewed the petition, makes the following findings:

Judge’s Initials

_ Petitioner has been abused by respondent as defined by ORS 124.005;

_ The abuse of petitioner by respondent occurred within the last 180 days as provided in ORS 124.010;

_ There is an immediate and present danger of further abuse to petitioner.

IT IS HEREBY ORDERED that:

Petitioner’s Request Judge’s Initials

[ ] 1. Respondent is restrained (prohibited) from intimidating, ___

molesting, interfering with or menacing petitioner, or

attempting to intimidate, molest, interfere with

or menace petitioner.

[ ] 2. Respondent is restrained (prohibited) from entering, or ___

attempting to enter:

(Include names and address unless withheld for safety reasons.)

[ ] Petitioner’s residence. ___

[ ] Petitioner’s business or place of employment. ___

[ ] Petitioner’s school. ___

[ ] Other locations. ___

[ ] 3. Respondent is restrained (prohibited) from:

[ ] Contacting, or attempting to contact, petitioner by telephone. ___

[ ] Contacting, or attempting to contact, petitioner by mail. ___

[ ] 4. Respondent shall move from and not return to the re- ___

sidence located at ________ except with a

peace officer in order to remove essential personal

effects of the respondent, including, but not

limited to: clothing, toiletries, medications,

social security cards, birth certificates,

identification and tools of the trade.

[ ] 5. A peace officer shall accompany the petitioner to the ___

parties’ residence in order to remove essential personal

effects of petitioner, including, but not limited to:

clothing, toiletries, medications, social security cards,

birth certificates, identification and tools of the trade.

[ ] 6. Beginning on a date not less than ___

150 days from the date of this order, the

respondent shall not mail the petitioner any

further sweepstakes promotions.

[ ] 7. Respondent shall remove the petitioner ___

from the respondent’s sweepstakes

promotion mailing list or shall place the

petitioner on the respondent’s list of persons

to whom sweepstakes promotions may not be mailed.

[ ] 8. Respondent shall refund any payment ___

received in any form from the petitioner

after the date this order is entered by the court.

[ ] 9. Other relief:________________ ___

____________________

[ ] 10. No further service is necessary because ___

respondent appeared in person before the Court.

IT IS FURTHER ORDERED that:

SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER IS $5,000 unless otherwise specified.

Other Amount ($ )

THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR

A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR

SUPERSEDED, WHICHEVER OCCURS FIRST.

DATED this ___ day of__________, 2__.

_______________

CIRCUIT COURT JUDGE (signature)

_______________

CIRCUIT COURT JUDGE (printed)

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ______

)

____, ) NO. ___

Petitioner, )

vs. ) AFFIDAVIT OF PROOF

____, ) OF SERVICE

Respondent. )

)

STATE OF )

OREGON )

) ss.

County of__ )

I am a resident of the State of Oregon. I am a competent person 18 years of age or older. I am not an attorney for or a party to this case, or an officer, director or employee of any party to this case.

On the ___ day of____, 2__, I served the Restraining Order to Prevent Abuse of Elderly Persons or [Disabled Person] Persons With Disabilities and the Petition for Restraining Order to Prevent Abuse of Elderly Persons and Persons With Disabilities in this case personally upon the above-named respondent in ______ County by delivering to the respondent a copy of those papers, each of which was certified to be a true copy of each original.

_______________

Signature of ________

SUBSCRIBED AND SWORN TO before me this ___ day of____, 2__.

______________

NOTARY PUBLIC FOR OREGON

My Commission Expires: ____

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ______

)

____, ) NO. ___

Petitioner, )

vs. ) MOTION AND ORDER

____, ) OF DISMISSAL

Respondent. )

)

Comes now petitioner, _____, and moves this Court for an order allowing the voluntary withdrawal and dismissal of the Restraining Order on file herein.

____________

Petitioner

SUBSCRIBED AND SWORN TO before me this ___ day of____, 2__.

______________

NOTARY PUBLIC FOR OREGON

My Commission Expires: ____

IT IS SO ORDERED this ___ day of____, 2__.

____________

JUDGE

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ______

____, )

(D.O.B.___) ) NOTICE TO RESPONDENT

Petitioner, ) (Elderly Persons and

) [Disabled Person] Persons With

) Disabilities Abuse

) Prevention Act)

)

and ) NO. ___

)

____, )

(D.O.B.___) )

Respondent. )

THIS FORM MUST BE

ATTACHED TO SERVICE COPY

OF RESTRAINING ORDER

TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS ORDER BECOMES EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THIS FORM AND MAIL OR DELIVER IT TO:

REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD WITHIN 21 DAYS. AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE OF THIS HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT’S TEMPORARY ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.

Keep in mind that this order remains in effect until the court that issued the order modifies or dismisses it. If you are arrested for violating this order, the security amount (bail) is $5,000, unless a different amount is ordered by the court. Violation of this order constitutes contempt of court and is punishable by a fine of up to $500 or one percent of your annual gross income, whichever is greater, a jail term of up to six months, or both. Other sanctions may be imposed.

______________________________________________________________________________

REQUEST FOR HEARING

I am the Respondent in the above-referenced action and I request a hearing to contest all or part of the order as follows (mark one or more):

_ The order restraining me from contacting, or attempting to contact, the petitioner.

_ Other __________

I (will) (will not) be represented by an attorney at the hearing.

Notice of the time and place of the hearing can be mailed to me at the address below my signature.

Date: __________

_______________

SIGNATURE OF RESPONDENT

_______________

ADDRESS

_______________

TELEPHONE NUMBER

______________________________________________________________________________

(5) If the court orders relief:

(a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to effect service and shall have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court.

(b) The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 124.030.

(A) Personally;

(B) By mailing certified true copies of the petition and order by certified mail to the address to which the petitioner would have sent the payment for goods or services promoted in the sweepstakes promotion had the petitioner been ordering the goods or services instead of serving the petition and order; or

(d) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 124.005 to 124.040.

(6) If the county sheriff:

(a) Determines that the order and petition are incomplete, the order and petition shall be returned to the clerk of the court. The clerk of the court shall notify the petitioner, at the address provided by the petitioner, of the error or omission.

(b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within 10 days, the county sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

(7)(a) Within 30 days after a restraining order is served under this section, the respondent therein may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court and shall be in substantially the form provided in subsection (4) of this section.

(b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner of the date and time of such hearing, and shall supply the petitioner with a copy of the respondent’s request for a hearing. The petitioner shall give to the clerk of the court information sufficient to allow such notification.

(c) The hearing shall not be limited to the issues raised in the respondent’s request for hearing form and may include testimony from witnesses to the abuse and adult protective services workers. The hearing may be held in person or by telephone. If the respondent seeks to raise an issue at the hearing not previously raised in the request for hearing form, the petitioner shall be entitled to a reasonable continuance for the purpose of preparing a response to the issue.

(d) The court shall exercise its discretion in a manner that protects the petitioner from traumatic confrontation with the respondent.

SECTION 4. ORS 124.040 is amended to read:

124.040. ORS 124.005 to 124.040 shall be known and may be cited as the “Elderly Persons and [Disabled Person] Persons With Disabilities Abuse Prevention Act.”

SECTION 5. ORS 14.070 is amended to read:

14.070. Any of the following suits or proceedings shall be commenced and tried in a county in this state in which one of the parties to the suit or proceeding resides:

(1) A suit for the annulment or dissolution of the marriage contract, or for marital separation.

(2) A Family Abuse Prevention Act proceeding under ORS 107.700 to 107.732.

(3) An Elderly Persons and [Disabled Person] Persons With Disabilities Abuse Prevention Act proceeding under ORS 124.005 to 124.035.

SECTION 6. ORS 107.500 is amended to read:

107.500. Each circuit court shall make available with appropriate forms an instructional brochure prescribed by the State Court Administrator and describing the procedures set forth in this section and ORS 107.485 and 107.490. The content of the forms used pursuant to this section and ORS 107.485 and 107.490 shall be substantially as follows:

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

______, )

Petitioner, ) PETITION FOR

) SUMMARY

) DISSOLUTION

and ) OF MARRIAGE

)

______, )

Respondent. )

)

1. (________, Petitioner,) (________, Respondent,) has been a resident of Oregon continuously for the past six months before filing this petition.

2. Statistical Facts:

a. Date of marriage:

_______________

b. Place of marriage:

_______________

c. Wife’s address:

_______________

d. Wife’s maiden name:

_______________

e. Wife’s former legal names:

_______________

f. Wife’s age:

_______________

g. Wife’s social security number:

_______________

h. Husband’s address:

_______________

i. Husband’s former legal names:

_______________

j. Husband’s age:

_______________

k. Husband’s social security number:

_______________

3. My spouse and I have not been married more than 10 years.

4. Petitioner does not know of any pending (not yet decided by a judge) domestic relations suits involving this marriage in this or any other state.

5. There are no minor children born to the parties or born during the marriage. There are no adopted minor children. The wife is not now pregnant.

6. Petitioner requests a dissolution because irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.

7. The personal property of the parties is not worth more than $30,000. Petitioner requests that the Court divide the property as follows:

(a) The wife should be awarded the following personal property:

_________________________________________________________________________

Additional pages have been attached and labeled “7a. continued.”

(b) The husband should be awarded the following personal property:

_________________________________________________________________________

Additional pages have been attached and labeled “7b. continued.”

(c) The husband and wife should each sign any documents necessary to remove his or her name as owner of personal property awarded to the other party.

8. Neither the husband nor the wife own any real property.

9. The debts incurred by the husband and wife together or separately from the date of the marriage are not greater than $15,000.

Petitioner requests the following division of debts:

(a) The wife be required to pay the debts listed below. The husband is awarded a judgment against the wife in the sum of $____. The wife can satisfy this judgment by paying off the following debts:

Name of Creditor Amount Owed

________ _____

(b) The husband be required to pay the debts listed below. The wife is awarded a judgment against the husband in the sum of $____. The husband can satisfy the judgment by paying off the following debts:

Name of Creditor Amount Owed

________ _____

10. I relinquish all rights I may have to spousal support and waive any right to pendente lite orders (temporary orders) except those pursuant to ORS 107.700 to 107.732 (the Family Abuse Prevention Act) or 124.005 to 124.040 (the Elderly [and Disabled Person] Persons and Persons With Disabilities Abuse Prevention Act).

(Complete only if petitioner is paying fees and wants reimbursement from spouse or if fees are being deferred for the petitioner.)

11. (a) If petitioner has paid court costs and service fees, petitioner requests that costs and fees paid by petitioner be repaid by respondent spouse, _____, and that a judgment in the amount of such costs and fees be entered in favor of petitioner, _____, in the amount of $____.

(b) If fees are being deferred for petitioner:

Petitioner requests that judgment be entered against

(________, Petitioner)

(________, Respondent) in favor of the state in the amount of $____.

12. Petitioner requests that:

wife’s legal name be restored to

______________

husband’s legal name be restored to

______________

____________

(Petitioner’s signature)

Address:

____________

Telephone:_______

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

______, )

Petitioner, ) SUMMONS FOR SUMMARY

) DISSOLUTION

) Marriage Dissolution Suit

and )

)

______, )

Respondent. )

)

TO: Name of Respondent

______________

Address of Respondent

______________

__________, Oregon

YOU HAVE BEEN SUED. The court may decide against you without your being heard unless you respond within 30 days of the day you received these papers. Read the information below.

NOTICE TO RESPONDENT:

READ THESE PAPERS CAREFULLY

Your spouse has filed a petition with the court to end your marriage and asking to divide your property and debts, if any. You must “appear” in this case or the court will grant your spouse’s requests. To “appear,” you must file with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” must be given to the Court Clerk or Administrator at: (location) _________within 30 days of the day you received these papers, along with the required filing fee. The “motion” or “answer” must be in proper form and you must show that your spouse has been served with a copy of it.

____________

Name of Petitioner

____________

Address of Petitioner

____________

City/State/Zip Code

Important Information about Respondent (A recent photo may be attached in addition to the requested information.)

Height:__________

Weight:__________

Race:__________

Date of Birth:_______

Automobile license number and description:

_________________

Other identifying information:

_________________

Best time and place to locate:

_________________

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

______, )

Petitioner, ) AFFIDAVIT OF PROOF

) OF SERVICE

)

and )

)

______, )

Respondent. )

)

STATE OF OREGON )

) ss.

County of )

I, ______________, swear/affirm under oath that:

I am a resident of the State of Oregon. I am a competent person over 18 years of age. I am not an attorney for or a party to this case, or an officer, director or employee of any party to this case. On the ___ day of_____, 2_, I served the Summons and Petition in this case personally upon the above named respondent in _____ County by delivering to the respondent a copy of those papers, each of which was certified to be a true copy of each original.

______________

Signature of _______

SUBSCRIBED AND SWORN TO before me this ___ day of_____, 2_.

_____________

NOTARY PUBLIC FOR OREGON

My Commission Expires: ___

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

______, )

Petitioner, ) MOTION AND ORDER FOR

) WAIVER OF FEES

)

and )

)

______, )

Respondent. )

)

Petitioner moves the Court for an order waiving payment of filing fees, service fees, and other costs.

__________

Petitioner

POINTS AND AUTHORITIES

ORS 21.605; the Court shall waive all fees and costs if the Court finds that the party is unable to pay such fees and costs.

ORDER

IT IS SO ORDERED.

DATED: This __ day of___, 2_.

__________

COURT

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

______, )

Petitioner, ) AFFIDAVIT FOR

) WAIVER OF

and ) FEES AND COSTS

)

______, )

Respondent. )

)

STATE OF OREGON )

) ss.

County of )

I, ______________being first duly sworn upon oath, depose and declare that I am the petitioner for a Decree of Summary Dissolution and am unable to pay necessary filing fees, service fees and court costs. My total monthly income from all sources is $_____. I have $_____ as assets and $_____ as savings. I support ___ people. My monthly expenses are $___ housing, $___ food, $___ utilities, $___ transportation, $___ laundry, cleaning and personal requirements, $___ medical expenses, $___ clothing, $___ telephone, $___ total installment payments, $___ other expenses, for total monthly expenses of $_____.

____________

Signature of_______

SUBSCRIBED AND SWORN TO before me this ___ day of_____, 2_.

_____________

NOTARY PUBLIC FOR OREGON

My Commission Expires ____

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

______, )

Petitioner, ) PETITIONER’S

) AFFIDAVIT, MOTION

) AND ORDER FOR

and ) DEFAULT DECREE

) OF DISSOLUTION

)

______, )

Respondent. )

)

STATE OF OREGON )

) ss.

County of )

I, ___, swear/affirm under oath that:

I am the Petitioner. The Respondent is not now nor was at the time of the commencement of this suit in the military service of the United States; nor is the Respondent a legally mentally incapacitated person; nor is the Respondent under 18 years of age.

The Respondent was served with Summons and Petition for Dissolution on the ___ day of_____, 2_, in _____ County, Oregon, and has failed to answer or appear.

____________

Petitioner

SUBSCRIBED AND SWORN TO before me this __ day of_____, 2_.

_____________

NOTARY PUBLIC FOR OREGON

My Commission Expires ___

Petitioner moves the Court for an Order entering the default of Respondent.

____________

Petitioner

____________

Address of Petitioner

____________

City, State Zip

ORDER

IT IS SO ORDERED.

DATED: This __ day of___, 2_.

__________

CIRCUIT COURT JUDGE

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

______, )

Petitioner, ) DECREE OF SUMMARY

) DISSOLUTION

)

and )

)

______, )

Respondent. )

)

Statistical Facts:

a. Date of marriage:

_______________

b. Place of marriage:

_______________

c. Wife’s address:

_______________

d. Wife’s maiden name:

_______________

e. Wife’s former legal names:

_______________

f. Wife’s age:

_______________

g. Wife’s social security number:

_______________

h. Husband’s address:

_______________

i. Husband’s former legal names:

_______________

j. Husband’s age:

_______________

k. Husband’s social security number:

_______________

This matter came before the Court for default. Petitioner appeared (in person) (by affidavit), and Respondent did not appear. THE COURT HAS BEEN FULLY ADVISED, AND THEREFORE IT IS HEREBY DECREED THAT:

1. Dissolution: This marriage is dissolved and shall terminate on_______.

2. Prior Wills: Any will previously executed by either spouse with provisions in favor of the other spouse is revoked with respect to those provisions, unless the will expresses a different intent.

3. Division of Property: (a) The wife is awarded and shall own by herself the following personal property:

______________________________________________________________________________

Additional pages have been attached as C-1.

(b) The husband is awarded and shall own by himself the following personal property:

______________________________________________________________________________

Additional pages have been attached as C-2.

(c) Husband and wife each shall sign any documents necessary to remove his or her name as owner of personal property awarded to the other. If either fails to sign the necessary documents, a certified copy of the Decree shall serve as a conveyance of the property.

4. Payment of Debts: (a) The wife shall pay the debts listed below. The husband is awarded a judgment against the wife in the sum of $____. The wife can satisfy this judgment by paying the following debts:

Name of Creditor Amount Owed

________ _____

Additional pages have been added as D-1.

(b) The husband shall pay the debts listed below. The wife is awarded a judgment against the husband in the sum of $____. The husband can satisfy the judgment by paying the following debts:

Name of Creditor Amount Owed

________ _____

Additional pages have been added as D-2.

5. The wife shall have her former legal name restored. The restored name is __

_______________.

The husband shall have his former legal name restored. The restored name is __

_______________.

6. A judgment against (the husband) (the wife) for court costs and service fees in the amount of $____ is awarded to (the husband) (the wife) (this state if fees were waived or deferred).

DATED: This __ day of___, 2_.

__________

CIRCUIT COURT JUDGE

______________________________________________________________________________

SECTION 7. ORS 107.710 is amended to read:

107.710. (1) Any person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 107.700 to 107.732, if the person is in imminent danger of further abuse from the abuser. The person may seek relief by filing a petition with the circuit court alleging that the person is in imminent danger of abuse from the respondent, that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and particularly describing the nature of the abuse and the dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition. Allegations in the petition shall be made under oath or affirmation. The circuit court shall have jurisdiction over all proceedings under ORS 107.700 to 107.732.

(2) The petitioner has the burden of proving a claim under ORS 107.700 to 107.732 by a preponderance of the evidence.

(3) A person’s right to relief under ORS 107.700 to 107.732 shall not be affected by the fact that the person left the residence or household to avoid abuse.

(4) A petition filed under ORS 107.700 to 107.732 shall disclose the existence of any custody, Family Abuse Prevention Act or Elderly Persons and [Disabled Person] Persons With Disabilities Abuse Prevention Act proceedings, or any marital annulment, dissolution or separation proceedings, or any filiation proceeding, pending between the parties, and the existence of any other custody order affecting the children of the parties.

(5) When the petitioner requests custody of any child, the petition shall comply with ORS 109.767 and disclose:

(a) The child’s present residence and the length of time the child has resided at the residence;

(b) The county and state where the child resided for the five years immediately prior to the filing of the petition;

(d) The name and current address of any party or other responsible person with whom the child resided for the five years immediately prior to the filing of the petition;

(e) Whether the party participated as a party, witness or in any other capacity, in any other litigation concerning the custody of the child in this or any other state;

(f) Whether the party has information of any custody proceeding concerning the child pending in a court of this or any other state; and

(g) Whether the party knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody, parenting time or visitation rights with respect to the child.

(6) For purposes of computing the 180-day period in this section and ORS 107.718, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the petitioner shall not be counted as part of the 180-day period.

SECTION 8. ORS 133.055 is amended to read:

133.055. (1) A peace officer may issue a criminal citation to a person if the peace officer has probable cause to believe that the person has committed a misdemeanor or has committed any felony that is subject to misdemeanor treatment under ORS 161.705. The peace officer shall deliver a copy of the criminal citation to the person. The criminal citation shall require the person to appear at the court of the magistrate before whom the person would be taken pursuant to ORS 133.450 if the person were arrested for the offense.

(2)(a) Notwithstanding the provisions of subsection (1) of this section, when a peace officer responds to an incident of domestic disturbance and has probable cause to believe that an assault has occurred between family or household members, as defined in ORS 107.705, or to believe that one such person has placed the other in fear of imminent serious physical injury, the officer shall arrest and take into custody the alleged assailant or potential assailant.

(b) When the peace officer makes an arrest under paragraph (a) of this subsection, the peace officer is not required to arrest both persons.

(c) When a peace officer makes an arrest under paragraph (a) of this subsection, the peace officer shall make every effort to determine who is the assailant or potential assailant by considering, among other factors:

(A) The comparative extent of the injuries inflicted or the seriousness of threats creating a fear of physical injury;

(B) If reasonably ascertainable, the history of domestic violence between the persons involved;

(D) The potential for future assaults.

(3) Whenever any peace officer has reason to believe that a family or household member, as defined in ORS 107.705, has been abused as defined in ORS 107.705 or that an elderly [or disabled] person or a person with disabilities has been abused as defined in ORS 124.005, that officer shall use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community and giving each person immediate notice of the legal rights and remedies available. The notice shall consist of handing each person a copy of the following statement:

______________________________________________________________________________

IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, you can ask the district attorney to file a criminal complaint. You also have the right to go to the circuit court and file a petition requesting any of the following orders for relief: (a) An order restraining your attacker from abusing you; (b) an order directing your attacker to leave your household; (c) an order preventing your attacker from entering your residence, school, business or place of employment; (d) an order awarding you or the other parent custody of or parenting time with a minor child or children; (e) an order restraining your attacker from molesting or interfering with minor children in your custody; (f) an order awarding you other relief the court considers necessary to provide for your or your children’s safety, including emergency monetary assistance. Such orders are enforceable in every state.

You may also request an order awarding support for minor children in your care or for your support if the other party has a legal obligation to support you or your children.

You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is under $3,500.

Similar relief may also be available in tribal courts.

For further information you may contact:___.

______________________________________________________________________________

SECTION 9. ORS 135.703 is amended to read:

135.703. (1) When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it was committed:

(a) By or upon a peace officer while in the execution of the duties of office;

(b) Riotously;

(d) By one family or household member upon another family or household member, as defined in ORS 107.705, or by a person upon an elderly [or disabled] person or a person with disabilities as defined in ORS 124.005 and the crime was:

(A) Assault in the fourth degree under ORS 163.160;

(B) Assault in the third degree under ORS 163.165;

(D) Recklessly endangering another person under ORS 163.195; or

(E) Harassment under ORS 166.065.

(2) Notwithstanding subsection (1) of this section, when a defendant is charged with violating ORS 811.700, the crime may be compromised as provided in ORS 135.705.

Approved by the Governor June 10, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date January 1, 2004

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