72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 896
A-Engrossed
Senate Bill 118
Ordered by the Senate March 13
Including Senate Amendments dated March 13
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Attorney General's Task Force on Elder Abuse)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Changes name of Elderly and Disabled Person Abuse Prevention
Act to Elderly Persons and Persons With Disabilities Abuse
Prevention Act. Modifies Elderly Persons and Persons With
Disabilities Abuse Prevention Act. Conforms language.
A BILL FOR AN ACT
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
(c) Adult protective services workers who have conducted an
investigation.
(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 ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, PETITION FOR
Petitioner RESTRAINING ORDER
(your name) TO PREVENT ABUSE
OF ELDERLY { +
PERSON + }
OR
vs. ) { -
DISABLED - }
PERSON { +
WITH DISABILITIES + }
)
NO. ___
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
PETITIONER
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
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?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Residence Hours _____
Employment Hours _____
Address: ____
________
Employment Hours _____
Address: ____
________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner )
(your name) )RESTRAINING ORDER
)TO PREVENT ABUSE
vs. )
)NO. _____
)
______
, )
Respondent )
(person to be res)rained)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 1. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with
or menace petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 2. Respondent is restrained (prohibited) from_entering, or
_ _
attempting to enter:
(Include names and address unless withheld for safety reasons.)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ Petitioner's residence. ___
µ Petitioner's business or place of employment.
___
µ Petitioner's school. ___
µ Other locations. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 3. Respondent is restrained (prohibited) from:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ Contacting, or attempting to contact, petitioner by telephone.
___
µ Contacting, or attempting to contact, petitioner by mail.
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 8. Respondent shall refund any payment ___
received in any form from the petitioner
after the date this order is entered by the court.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 9. Other relief: ________________
___
____________________
____________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º10. No further service is necessary because ___
respondent appeared in person before the Court.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER
IS $5,000 unless otherwise specified.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other Amount ($ )
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
DATED this ___
day of __________
, 2__
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
CIRCUIT COURT JUDGE (signature)
_______________
CIRCUIT COURT JUDGE (printed)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
(D.O.B. ___
) NOTICE TO RESPONDENT
Petitioner, (Elderly { +
Persons + }
and
) { -
Disabled Person - }
{ +
Persons With Disabilities + }
Abuse
Prevention Act)
)
and NO. ___
)
____
, )
(D.O.B. ___
) )
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(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.
(c) A respondent accused of committing abuse by means of a
sweepstakes promotion may be served:
(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
(C) In the manner directed by the court.
(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 ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, PETITION FOR
SUMMARY
DISSOLUTION
and OF MARRIAGE
)
______
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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
______________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
(Petitioner's signature)
Address:
____________
____________
____________
Telephone:_______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, SUMMONS FOR SUMMARY
DISSOLUTION
Marriage Dissolution Suit
and )
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
TO: Name of Respondent
______________
Address of Respondent
______________
__________
, Oregon
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Name of Petitioner
____________
Address of Petitioner
____________
City/State/Zip Code
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, AFFIDAVIT OF PROOF
OF SERVICE
)
and )
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, MOTION AND ORDER FOR
WAIVER OF FEES
)
and )
)
______
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner moves the Court for an order waiving payment of
filing fees, service fees, and other costs.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
Petitioner
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
COURT
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, AFFIDAVIT FOR
WAIVER OF
and FEES AND COSTS
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires ____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, PETITIONER'S
AFFIDAVIT, MOTION
AND ORDER FOR
and DEFAULT DECREE
OF DISSOLUTION
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Petitioner
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this __ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner moves the Court for an Order entering the default of
Respondent.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Petitioner
____________
Address of Petitioner
____________
City, State Zip
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
ORDER
IT IS SO ORDERED.
DATED: This __ day of ___, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, DECREE OF SUMMARY
DISSOLUTION
)
and )
)
______
, )
Respondent. )
)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
Additional pages have been added as D-1.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
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;
(c) The name and address of the party or other responsible
person with whom the child is presently residing;
(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;
(C) Whether any alleged crime was committed in self-defense;
and
(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;
(c) With an intent to commit a crime punishable only as a
felony; or
(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;
(C) Menacing under ORS 163.190;
(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.
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