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 2292
Senate Bill 583
Sponsored by Senator GORDLY
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 as
introduced.
Requires court to apply to both parties restrictions in
domestic relations restraining order relating to contact between
parties.
A BILL FOR AN ACT
Relating to domestic relations restraining orders; amending ORS
107.095, 107.716, 107.718, 107.721, 107.725 and 107.730.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 107.095 is amended to read:
107.095. (1) After the commencement of a suit for marital
annulment, dissolution or separation and until a decree therein,
the court may provide as follows:
(a) That a party pay to the clerk of the court such amount of
money as may be necessary to enable the other party to prosecute
or defend the suit, including costs of expert witnesses, and also
such amount of money to the Department of Justice, court clerk or
court administrator, whichever is appropriate, as may be
necessary to support and maintain the other party.
(b) For the care, custody, support and maintenance, by one
party or jointly, of the minor children as described in ORS
107.105 (1)(a) and for the parenting time rights as described in
ORS 107.105 (1)(b) of the parent not having custody of such
children.
(c) For the restraint of a party from molesting or interfering
in any manner with the other party or the minor children.
(d) That if minor children reside in the family home and the
court considers it necessary for their best interest to do so,
the court may require either party to move out of the home for
such period of time and under such conditions as the court may
determine, whether the home is rented, owned or being purchased
by one party or both parties.
(e) Restraining and enjoining either party or both from
encumbering or disposing of any of the real or personal property
of either or both of the parties, except as ordered by the court.
(f) For the temporary use, possession and control of the real
or personal property of the parties or either of them and the
payment of installment liens and encumbrances thereon.
(g) That even if no minor children reside in the family home,
the court may require one party to move out of the home for such
period of time and under such conditions as the court determines,
whether the home is rented, owned or being purchased by one party
or both parties if that party assaults or threatens to assault
the other.
(2) In case default is made in the payment of any moneys
falling due under the terms of an order pending suit, any such
delinquent amount shall be entered and docketed as a judgment,
and execution or garnishment may issue thereon to enforce payment
thereof in the same manner and with like effect as upon a final
decree. The remedy provided in this subsection shall be deemed
cumulative and not exclusive.
(3) The court shall not require an undertaking in case of the
issuance of an order under subsection (1)(c), (d), (e), (f) or
(g) of this section.
{ + (4) If the court issues an order under subsection (1) of
this section that limits or prohibits contact between the
parties, the limitations or prohibitions shall apply equally to
both parties. + }
{ - (4) - } { + (5) + } In a suit for annulment or
dissolution of marriage or for separation, wherein the parties
are copetitioners or the respondent is found by the court to be
in default or the respondent having appeared has waived further
appearance or the parties stipulate to the entry of a decree, the
court may, when the cause is otherwise ready for hearing on the
merits, in lieu of such hearing, enter a decree of annulment or
dissolution or for separation based upon a current affidavit of
the petitioner or copetitioners, setting forth a prima facie
case, and covering such additional matters as the court may
require. If child support or custody of minor children is
involved, then the affidavit also shall include:
(a) The gross monthly income of each party, to the best of the
affiant's knowledge; and
(b) The name of the party with whom the children currently
reside and the length of time they have so resided.
{ - (5) - } { + (6) + } When a court orders relief under
subsection (1)(c) or (d) of this section, the court may include
in its order an expiration date for the order to allow entry of
the order into the Law Enforcement Data System and the databases
of the National Crime Information Center of the United States
Department of Justice as provided in ORS 107.720. If the person
being restrained was provided notice and an opportunity to be
heard, the court shall also include in the order, when
appropriate, terms and findings sufficient under 18 U.S.C. 922
(d)(8) or (g)(8) to affect the person's ability to possess
firearms and ammunition or engage in activities involving
firearms.
SECTION 2. ORS 107.718 is amended to read:
107.718. (1) When a person files a petition under ORS 107.710,
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, that there is an imminent
danger of further abuse to the petitioner and that the respondent
represents a credible threat to the physical safety of the
petitioner or the petitioner's child, the court shall, if
requested by the petitioner, order, for a period of one year or
until the order is withdrawn or amended, or until the order is
superseded as provided in ORS 107.722, whichever is sooner:
(a) That temporary custody of the children of the parties be
awarded to the petitioner or, at the request of the petitioner,
to the respondent, subject to reasonable parenting time rights of
the noncustodial parent, which the court shall order, unless such
parenting time is not in the best interest of the child;
(b) That the respondent be required to move from the
petitioner's residence, if in the sole name of the petitioner or
if it is jointly owned or rented by the petitioner and the
respondent, or if the parties are married to each other;
(c) That the respondent be restrained from entering, or
attempting to enter, a reasonable area surrounding the
petitioner's current or subsequent residence if the respondent is
required to move from petitioner's residence;
(d) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal
effects of the party or the party's children, or both, including
but not limited to clothing, toiletries, diapers, medications,
social security cards, birth certificates, identification and
tools of the trade;
(e) That the respondent be restrained from intimidating,
molesting, interfering with or menacing the petitioner, or
attempting to intimidate, molest, interfere with or menace the
petitioner;
(f) That the respondent be restrained from intimidating,
molesting, interfering with or menacing any children in the
custody of the petitioner, or attempting to intimidate, molest,
interfere with or menace any children in the custody of the
petitioner;
(g) That the respondent be restrained from entering, or
attempting to enter, on any premises and a reasonable area
surrounding the premises when it appears to the court that such
restraint is necessary to prevent the respondent from
intimidating, molesting, interfering with or menacing the
petitioner or children whose custody is awarded to the
petitioner;
(h) Other relief that the court considers necessary to provide
for the safety and welfare of the petitioner and the children in
the custody of the petitioner including, but not limited to,
emergency monetary assistance from the respondent; or
(i) That { + neither + } the respondent { + nor the
petitioner + } have { - no - } contact with { - the
petitioner - } { + each other + } in person, by telephone or by
mail except as described in parenting time ordered under this
section.
(2) If respondent is restrained from entering, or attempting to
enter, an area surrounding petitioner's residence or any other
premises, the order { - restraining respondent - } shall { + :
(a) + } Specifically describe the area { + ; and
(b) Similarly restrain the petitioner from entering, or
attempting to enter, an area surrounding the respondent's
residence or any other premises + }.
(3) Imminent danger under this section includes but is not
limited to situations in which the respondent has recently
threatened petitioner with additional bodily harm.
(4) If the court awards parenting time to a parent who
committed abuse, the court shall make adequate provision for the
safety of the child and of the petitioner. The order of the court
may include, but is not limited to, the following:
(a) That exchange of a child between parents shall occur at a
protected location.
(b) That parenting time be supervised by another person or
agency.
(c) That the perpetrator of the abuse be required to attend and
complete, to the satisfaction of the court, a program of
intervention for perpetrators or any other counseling program
designated by the court as a condition of the parenting time.
(d) That the perpetrator of the abuse not possess or consume
alcohol or controlled substances during the parenting time and
for 24 hours preceding the parenting time.
(e) That the perpetrator of the abuse pay all or a portion of
the cost of supervised parenting time, and any program designated
by the court as a condition of parenting time.
(f) That no overnight parenting time occur.
(5) An instruction brochure shall be available from the clerk
of the circuit court explaining the rights set forth under ORS
107.700 to 107.732. 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.
_______________________________________________________________
________
, )
Petitioner )PETITION FOR
(your name) )RESTRAINING ORDER
)TO PREVENT ABUSE
vs. )
)No. _____
)
________
, )
Respondent )
(person to be )
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 ____ years of age and Respondent is ____ years of age.
1. CHECK AND FILL OUT THE SECTION(S) that apply to you and
respondent:
_ A. Respondent is my ___ spouse ___ former spouse. We were
married on ___________, 2__. We were divorced on
___________, 2__.
_ B. Respondent and I are adults related by blood, marriage or
adoption. Respondent is my ___________ (type of
relationship).
_ C. Respondent and I have been living together since ____ ,
2__.
_ D. Respondent and I lived together from ____, 2__, to
________, 2__.
_ E. Respondent and I have been involved in a sexually
intimate relationship within the last two years.
_ F. Respondent and I are the unmarried parents of a child.
_ G. I am a minor and have been involved in a sexually
intimate relationship with respondent who is 18 years of
age or older.
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 bodily injury.
_ B. Attempted to cause me bodily injury.
_ C. Placed me in fear of imminent bodily injury.
_ D. Caused me to engage in involuntary sexual relations by
force or threat of force.
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 ________, 2__, to ________,
2__.
Respondent lived more than 100 miles from my home from
________, 2__, to ________, 2__.
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 hurt or threaten you?
_______________
_______________
_______________
5. Are there incidents other than those described in question 4
above, in which respondent has hurt or threatened to hurt
you? If Yes, Explain:
_______________
_______________
_______________
6. I am in imminent danger of further abuse by respondent
because:
_______________
_______________
_______________
7. 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:
_______________
_______________
8. A. There (is) (is not) another restraining order 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, legal
separation, filiation (paternity), custody, parenting
time or visitation.
If yes, type of lawsuit: __________
It is filed in _____ (County), _____ (State).
C. If you and respondent are unmarried, has legal paternity
of your children been established? Yes No
In what way? Birth certificate
Child support proceeding
Paternity lawsuit
Other
Explain: __________
9. A. The children of respondent and me who are under 18 years
of age are:
Name _____ Age __
Name _____ Age __
Name _____ Age __
Name _____ Age __
B. The children are now living with __________, at _______
(address).
For how long? _____
C. I believe that I will need the assistance of a peace
officer to regain custody of my children from respondent.
Yes No
D. Is there a custody or any other order now in effect
concerning any of these children? Yes No
Type of order: _______
The case number is: ___ and it is filed in ___ (County),
___ (State).
E. Where have the children listed in A. above lived for the
last five years and with whom?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
CountLivePresent
Dates StateWithAddress
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
From_
to _
__
__
__
From_
to _
__
__
__
From_
to _
__
__
__
From_
to _
__
__
__
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
F. I have not been involved as a party, witness or in any
other capacity in any other custody, parenting time or
visitation lawsuits concerning the children in this or
any other state except:
____________
____________
G. I know of no other custody, parenting time or visitation
lawsuits concerning the children in this or any other
state except:
____________
H. I know of no one, other than respondent, who has physical
custody of the children or who claims custody, parenting
time or visitation rights with the children, except:
____________
I. My children have not lived in Oregon for the last six
months but my children and I are now present in Oregon
and I want the court to award me custody because
(describe the emergency that makes this necessary or
information that is in Oregon that relates to the
children):
____________
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 _____
PETITIONER (you) ________
Sex ___ *Telephone # _____
*Residence Address ________
City/State/Zip __________
County __________
Birthdate _____ Age ___
Race _____
Height _____ Weight _____
Eye 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 RESTRAINING ORDER
(your name) TO PREVENT ABUSE
)
vs. )
No. _____
)
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
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. THIS ORDER IS ENFORCEABLE IN EVERY STATE.
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. Petitioner and respondent are related as follows (check all that apply):
A. Petitioner and respondent are spouses. ___
B. Petitioner and respondent are former spouses. ___
C. Petitioner and respondent are adult persons related by blood,
___
marriage or adoption.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
D. Petitioner and respondent are cohabiting or have_cohabited
__
with each other.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
E. Petitioner and respondent have been involved in a_sexually
_ _
intimate relationship with each other within the last two years.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
F. Petitioner and respondent are unmarried parents of_a child.
__
G. Petitioner is a minor and has been involved in a_sexually
__
intimate relationship with respondent who is 18 years of age or older.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
2. Additional findings:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
A. Petitioner has been abused by respondent as defined by ORS 107.705.
___
B. The abuse of petitioner by respondent occurred within the last
___
180 days as provided in ORS 107.710.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
C. Respondent represents a credible threat to the physical safety
___
of petitioner or petitioner's child and there is an imminent danger of
further abuse to petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
D. If there are children, Oregon has jurisdiction over the issue of the
___
custody of the children under ORS 109.701 to 109.834 on the
following grounds:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
a. Oregon is the home state of the child on the date_this proceeding
_ _
was commenced; or
Oregon was the home state within six months before_this proceeding
__
was commenced and the child is absent from the state, but a parent
or person acting as a parent continues to live in Oregon under
ORS 109.741 (1)(a).
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
b. No other state has home state jurisdiction under_ORS 109.741
__
(1)(a); or
The home state of the child ________
_(name)
__
has declined jurisdiction and the child's parents have, or one of
the child's parents or a person acting as a parent has, a significant
connection with Oregon and substantial evidence is available here
concerning the child's care, protection, training and personal
relationships under ORS 109.741 (1)(b).
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
c. All courts having jurisdiction under home state grounds under
___
ORS 109.741 (1)(a), or significant connections grounds under ORS 109.741
(1)(b), have declined to exercise jurisdiction under ORS 109.741 (1)(c).
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
d. No court of any other state has jurisdiction under_ORS 109.741
__
(1)(a), (b) or (c).
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
e. Emergency grounds exist for the exercise of temporary emergency
___
jurisdiction because the child is present in this state and has
been abandoned; or
Emergency grounds exist for the exercise of temporary emergency
___
jurisdiction because it is necessary to protect the child because the
child, or a sibling or parent of the child, is subjected to or threatened
with mistreatment or abuse under ORS 109.751.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
f. Because a previous child custody, parenting time,_guardianship
_ _
or juvenile dependency determination has been made in
________
(State/Tribe/Country), the custody
and parenting time provisions in this order remain in effect for
one year or until ________
(State/Tribe/Country)
issues an order, whichever occurs first;
Because a child custody, parenting time, guardianship or juvenile
___
dependency proceeding has been commenced in ________
(State/Tribe/Country), the custody and parenting time provisions
in this order remain in effect for one year or until
________
(State/Tribe/Country) issues an order,
whichever occurs first; or
No child custody, parenting time, guardianship or_juvenile dependency
_ _
determination has been issued or proceeding commenced in another
state, tribe or country having jurisdiction under ORS 109.701 to
109.834. The custody and parenting time provisions in this order
shall become a final determination for purposes of ORS 109.701 to
109.834 if Oregon becomes the home state of the child.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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_intimidating,
_ _
molesting, interfering with or menacing any minor children in
petitioner's custody, or attempting to intimidate, molest,
interfere with or menace any minor children
in petitioner's custody:
____________________
___
____________________
___
____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_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 current or subsequent residence.
___
µ Petitioner's business or place of employment.
___
µ Petitioner's school. ___
µ Other locations. ___
µ The area surrounding petitioner's current___
or subsequent residence or petitioner's
school, business, place of employment
or other named premises described as
follows (specifically describe area):
____________________
___
____________________
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 4. 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 5. Respondent is restrained (prohibited) from entering, or
attempting to enter:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ The premises of the children's day care provider.
___
µ The children's school. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 6. 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, and if the respondent
is the legal custodian, essential personal effects
of respondent's children, including, but not
limited to: clothing, toiletries, diapers, medica-
tions, 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 7. A peace officer shall accompany the petitioner to the
___
parties' residence in order to remove essential personal
effects of petitioner, and if the petitioner is the legal
custodian, essential personal effects of the petitioner's
children, including, but not limited to: clothing,
toiletries, diapers, 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 8. Petitioner is awarded custody of the following children
___
of the parties, subject to the parenting time terms set
forth below.
Name: ___________
Age: ______
Name: ___________
Age: ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 9. Respondent is awarded custody of the following child-
___
ren of the parties, subject to the parenting time terms set
forth below.
Name: ___________
Age: ______
Name: ___________
Age: ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 10.A peace officer of the county or city in which the child-
___
ren are located shall assist in recovering the custody of
the children of the above parties whose custody has been
awarded to petitioner. The peace officer is authorized to
use any reasonable force necessary to that end.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 11.Other relief: ________________
___
____________________
_
____________________
_
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that the party not awarded custody shall
be allowed parenting time as set forth below:
____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 12.NO PARENTING TIME due to ________
___
____________________
_
____________________
_
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 13.SUPERVISED PARENTING TIME: Three hours per_week,
_ _
Supervised by:
As follows:
(day of week, location, times)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 14.Once per week on ______
(day) from ___
___
a.m./p.m. to ___
a.m./p.m.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 15.On the FIRST and THIRD weekends of each month
___
from 7:00 p.m. Saturday to 7:00 p.m. Sunday.
The first weekend is the one in which both
Saturday and Sunday are in the new month.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 16.On the FIRST and THIRD weekends of each month
___
from 7:00 p.m. Friday to 7:00 p.m. Sunday.
The first weekend is the one in which both
Saturday and Sunday are in the new month.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 17.OTHER PARENTING TIME AS FOLLOWS: ___
____________________
_
____________________
_
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 18.Parenting time details not provided for in_this ORDER,
_ _
including the days or hours of parenting time, shall be
arranged through ____________
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 19.The parent not awarded custody will pick up_and return
__
the children at the curb, or driveway if no curb, of the
residence of the custodial parent or at _____
(name and address of different location) no more than
15 minutes early nor 15 minutes late.
IF RESPONDENT IS NOT AWARDED CUSTODY AND
IF RESPONDENT IS OTHERWISE PROHIBITED
FROM BEING AT PETITIONER'S RESIDENCE,
RESPONDENT MAY BE AT THE CURB, OR DRIVE-
WAY IF NO CURB, OF PETITIONER'S RESIDENCE
FOR A MAXIMUM OF FIVE MINUTES AT THE
PARENTING TIME HOUR SPECIFIED IN THE ORDER
TO PICK UP OR RETURN THE CHILDREN OR AT ANY
OTHER TIME THE PARTIES AGREE TO.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 20.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)
_________________________________________________________________
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 and the Petition for Restraining Order to Prevent
Abuse 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
(Family Abuse
Petitioner, 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 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, OR WITHIN FIVE DAYS IF YOU ARE CONTESTING A
CUSTODY PROVISION (NOT PARENTING TIME). AT THE HEARING, A JUDGE
WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED, CHANGED OR
EXTENDED. THE ONLY PURPOSE OF THIS HEARING WILL BE TO DETERMINE
IF THE TERMS OF THE COURT'S ORDER SHOULD BE CANCELED, CHANGED OR
EXTENDED.
IF YOU DO NOT REQUEST A HEARING WITHIN THE TIME ALLOWED BY LAW,
THIS RESTRAINING ORDER WILL BE CONFIRMED BY OPERATION OF LAW.
THAT MEANS THAT THIS RESTRAINING ORDER WILL CONTINUE IN EFFECT AS
ISSUED BECAUSE YOU HAVE BEEN GIVEN BUT HAVE NOT EXERCISED YOUR
RIGHTS TO REQUEST AND PARTICIPATE IN A HEARING. OREGON LAW
CONSIDERS THIS CONFIRMATION SUFFICIENT TO MEET THE REQUIREMENTS
OF FEDERAL LAW THAT MAY PROHIBIT YOU FROM POSSESSING A FIREARM OR
FIREARM AMMUNITION WHILE THIS RESTRAINING ORDER IS IN EFFECT.
KEEP IN MIND THAT THE RESTRAINING ORDER YOU HAVE RECEIVED IS IN
EFFECT AND REMAINS IN EFFECT UNTIL THE COURT THAT ISSUED THE
ORDER MODIFIES IT OR DISMISSES IT OR UNTIL IT EXPIRES. THE ORDER
MAY ALSO BE RENEWED UPON A FINDING THAT A PERSON IN THE
PETITIONER'S SITUATION WOULD REASONABLY FEAR FURTHER ACTS OF
ABUSE BY YOU IF THE ORDER IS NOT RENEWED. IF YOU ARE ARRESTED FOR
VIOLATING THIS ORDER, THE SECURITY AMOUNT (BAIL) IS $5,000,
UNLESS A DIFFERENT AMOUNT IS ORDERED BY THE COURT.
This restraining order, or any order continuing or changing
this order, is enforceable in every county in Oregon. It is also
enforceable in all 50 states, the District of Columbia, tribal
lands and territories of the United States.
Violation of this restraining order, or any order continuing or
changing this order, constitutes contempt of court, punishable by
a fine of up to $500 or one percent of your annual gross income,
whichever is greater, or a jail term of up to six months, or
both. Other sanctions may also be imposed for contempt.
While this order, or any order continuing or changing this
order, is in effect, federal law may prohibit you from:
Traveling across state lines or tribal land lines with the
intent to violate this order and then violating this order.
Causing the petitioner to cross state lines or tribal land
lines for your purpose of violating the order.
Possessing, receiving, shipping or transporting any firearm or
firearm ammunition.
Whether or not a restraining order is in effect, federal law
may prohibit you from:
Traveling across state lines or tribal land lines with the
intent to injure the petitioner and then intentionally committing
a crime of violence causing bodily injury to the petitioner.
Causing the petitioner to travel across state lines or tribal
land lines if your intent is to cause bodily injury to the
petitioner or if the travel results in your causing bodily injury
to the petitioner.
_________________________________________________________________
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.
_ The order granting child custody to the petitioner.
_ The terms of the parenting time order.
_ 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
____________________________________________________________
_________________________________________________________________
{ + (6) If the court enters an order that restrains the
petitioner and the respondent from contact with each other, the
order upon the petitioner 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.
_______________________________________________________________
{ +
_____
, )
Petitioner RESTRAINING ORDER
TO PREVENT ABUSE
)
vs. )
No. _____
)
_____
, )
Respondent )
)
) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ +
TO THE PETITIONER: VIOLATION OF THIS RESTRAINING ORDER + }
{ +
MAY RESULT IN YOUR ARREST AND IN CIVIL AND/OR CRIMINAL + }
{ +
PENALTIES. THIS ORDER IS ENFORCEABLE IN EVERY STATE. + }
{ +
REVIEW THIS ORDER CAREFULLY. EACH PROVISION MUST BE + }
{ +
OBEYED. SEE YOUR RIGHTS TO A HEARING. + }
{ + IT IS HEREBY ORDERED that: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
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. Petitioner 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 Respondent's current or subsequent residence.
___
µ Respondent's business or place of employment.
___
µ Respondent's school. ___
µ Other locations. ___
µ The area surrounding respondent's current___
or subsequent residence or respondent's
school, business, place of employment
or other named premises described as
follows (specifically describe area):
____________________
___
____________________
___
+ }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
µ º 2. Petitioner 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, respondent by
___
telephone.
µ Contacting, or attempting to contact, respondent by mail.
___
+ }
____________________________________________________________
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
____________________________________________________________
________________________________________________________________
{ - (6) - } { + (7) + } 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 provide the petitioner with one copy and 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. In
addition and upon request by the petitioner, the clerk shall
provide the petitioner, without charge, two exemplified copies of
the petition and order.
(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 107.720. When the order does not contain the
respondent's date of birth and service is effected by the sheriff
or other peace officer, the sheriff or officer shall verify the
respondent's date of birth with the respondent and shall record
that date on the order or proof of service entered into the Law
Enforcement Data System under ORS 107.720.
(c) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
107.700 to 107.732.
{ - (7) - } { + (8) + } 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.
{ - (8)(a) - } { + (9)(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 (5) 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. If the respondent
seeks to raise an issue at the hearing not previously raised in
the request for hearing form, or if the petitioner seeks relief
at the hearing not granted in the original order, the other party
shall be entitled to a reasonable continuance for the purpose of
preparing a response to the issue.
{ - (9) - } { + (10) + } If the respondent fails to request
a hearing within 30 days after a restraining order is served, the
restraining order is confirmed by operation of law. The
provisions of this section are sufficient to meet the due process
requirements of 18 U.S.C. 922(g) in that the respondent received
actual notice of the right to request a hearing and the
opportunity to participate at the hearing but the respondent
failed to exercise those rights.
{ + (11) If the court issues an order under subsection (1) of
this section that limits or prohibits contact between the
petitioner and the respondent, the court shall provide to the
petitioner notice of the terms of the order in a form established
by court rule that includes information required by court rule
and the terms of the order. + }
SECTION 3. ORS 107.716 is amended to read:
107.716. (1) If the respondent requests a hearing pursuant to
ORS 107.718 { - (8) - } { + (9) + }, the court shall hold the
hearing within 21 days following the request, and may cancel or
change any order issued under ORS 107.718.
(2) In addition to the relief available under ORS 107.718, the
court, in a hearing held pursuant to subsection (1) of this
section, may assess against either party a reasonable attorney
fee and such costs as may be incurred in the proceeding.
(3) Where temporary custody is contested, the hearing shall be
held within five days of the respondent's request. If the
respondent is represented by an attorney, time for the hearing
may be extended for up to five days at the request of the
petitioner so that the petitioner may seek representation.
(4) If the court continues the order, with or without changes,
at a hearing about which the respondent received actual notice
and the opportunity to participate, the court shall include in
the order a certificate in substantially the following form in a
separate section immediately above the signature of the judge:
_________________________________________________________________
CERTIFICATE OF COMPLIANCE
WITH THE VIOLENCE
AGAINST WOMEN ACT
This protective order meets all full faith and credit
requirements of the Violence Against Women Act, 18 U.S.C. 2265
(1994). This court has jurisdiction over the parties and the
subject matter. The respondent was afforded notice and timely
opportunity to be heard as provided by the law of this
jurisdiction. This order is valid and entitled to enforcement in
this and all other jurisdictions.
_________________________________________________________________
(5) The court shall have the further power to approve any
consent agreement to bring about a cessation of abuse of the
parties. However, the court may not approve a term in a consent
agreement that provides for restraint of a party to the agreement
unless the other party petitioned for and was granted an order
under ORS 107.710. An order or consent agreement made under this
section may be amended at any time and shall continue in effect
for a period of one year from the date of the order issued under
ORS 107.718, or until superseded as provided in ORS 107.722.
(6) No order or agreement made under ORS 107.705 to 107.720,
133.310 and 133.381 shall in any manner affect title to any real
property.
(7) No undertaking shall be required in any proceeding under
ORS 107.700 to 107.732.
(8) Any proceeding under ORS 107.700 to 107.732 shall be in
addition to any other available civil or criminal remedies.
SECTION 4. ORS 107.721 is amended to read:
107.721. If the court does not award parenting time under ORS
107.718 to the parent who committed abuse, the petitioner may
move to a residence more than 60 miles from the other parent
without giving notice to the other parent of the change of
residence. However, the petitioner shall give to the clerk of
the court information sufficient to allow notification under ORS
107.718
{ - (8) - } { + (9) + }.
SECTION 5. ORS 107.725 is amended to read:
107.725. The court may renew an order entered under ORS 107.716
or 107.718 upon a finding that a person in the petitioner's
situation would reasonably fear further acts of abuse by the
respondent if the order is not renewed. A finding that there has
been a further act of abuse is not required. A court may renew an
order on the basis of a sworn, ex parte petition alleging facts
supporting the required finding. If the renewal order is granted,
the provisions of ORS 107.716 (4) and 107.718 { - (6) to
(8) - } { + (7) to (9) + } apply except that the court may hear
no issue other than the basis for renewal unless requested in the
hearing request form and thereafter agreed to by the petitioner.
The court shall hold a hearing required under this section within
21 days after the respondent's request. The provisions of this
section apply to any order entered under ORS 107.716 or 107.718
that is in effect on August 15, 1997.
SECTION 6. ORS 107.730 is amended to read:
107.730. (1) At any time after an order has been issued under
ORS 107.700 to 107.732 and after the time period set forth in ORS
107.718 { - (8)(a) - } { + (9)(a) + }, a party may request
that the court modify terms in the order that provide for custody
and parenting time.
(2) The clerk of the court shall provide without charge the
number of certified true copies of the request for modification
of the order and notice of hearing necessary to effect service
and, at the election of the party requesting the modification,
shall have a true copy of the request and notice delivered to the
county sheriff for service upon the other party.
(3) Service shall be in the manner provided by law for service
of summons. The county sheriff shall serve the other party
personally unless the party requesting the modification elects to
have the other party served personally by a private party.
(4) The provisions of ORS 107.716 (4) apply to a modification
of an order under this section.
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