Chapter 289 Oregon Laws 2003

AN ACT

HB 2101

Relating to venue; creating new provisions; repealing ORS 14.070; and declaring an emergency.

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

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS 107.700 to 107.732.

SECTION 2. A petition under ORS 107.710 may be filed only in a county in which the petitioner or respondent resides. Any contempt proceedings for violation of a restraining order issued under ORS 107.700 to 107.732 must be conducted by the court that issued the order, or by the circuit court for a county in which a violation of the restraining order occurs. If contempt proceedings are initiated in the circuit court for a county in which a violation of the restraining order occurs, the person initiating the contempt proceedings shall file with the court a copy of the restraining order, certified by the clerk of the court that issued the order. Upon filing of the certified copy of the restraining order, the court shall enforce the order as though that court had issued the order.

SECTION 3. Section 4 of this 2003 Act is added to and made a part of ORS 124.005 to 124.040.

SECTION 4. A petition under ORS 124.010 may be filed only in a county in which the petitioner or respondent resides. Any contempt proceedings for violation of a restraining order issued under ORS 124.005 to 124.040 must be conducted by the court that issued the order, or by the circuit court for a county in which a violation of the restraining order occurs. If contempt proceedings are initiated in the circuit court for a county in which a violation of the restraining order occurs, the person initiating the contempt proceedings shall file with the court a copy of the restraining order, certified by the clerk of the court that issued the order. Upon filing of the certified copy of the restraining order, the court shall enforce the order as though that court had issued the order.

SECTION 5. Section 6 of this 2003 Act is added to and made a part of ORS 107.005 to 107.085.

SECTION 6. A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides.

SECTION 7. (1) Section 2 of this 2003 Act applies to all restraining orders issued under ORS 107.700 to 107.732, whether issued before, on or after the effective date of this 2003 Act. Section 2 of this 2003 Act applies only to violations of restraining orders issued under ORS 107.700 to 107.732 that occur on or after the effective date of this 2003 Act.

(2) Section 4 of this 2003 Act applies to all restraining orders issued under ORS 124.005 to 124.040, whether issued before, on or after the effective date of this 2003 Act. Section 4 of this 2003 Act applies only to violations of restraining orders issued under ORS 124.005 to 124.040 that occur on or after the effective date of this 2003 Act.

SECTION 8. ORS 14.070 is repealed.

SECTION 8a. Notwithstanding section 5, chapter 264, Oregon Laws 2003 (Enrolled Senate Bill 118) (amending ORS 14.070), if Senate Bill 118 becomes law, ORS 14.070 is repealed.

SECTION 9. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 11, 2003

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

Effective date June 11, 2003

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