72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 801
Sponsored by Senator BROWN (at the request of Oregon Academy of
Family Law Practitioners)
CHAPTER ................
AN ACT
Relating to domestic relations restraining orders; creating new
provisions; and amending ORS 107.085.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2003 Act are added to
and made a part of ORS 107.095 to 107.174. + }
SECTION 2. { + (1) After a petition for marital annulment,
separation or dissolution is filed and upon service of summons
and petition upon the respondent as provided in ORCP 7, a
restraining order is in effect against the petitioner and the
respondent until a final decree or judgment is issued, until the
petition for marital annulment, separation or dissolution is
dismissed, or until further order of the court.
(2) The restraining order issued under this section shall
restrain the petitioner and respondent from:
(a) Canceling, modifying, terminating or allowing to lapse for
nonpayment of premiums any policy of health insurance, homeowner
or renter insurance or automobile insurance that one party
maintains to provide coverage for the other party or a minor
child of the parties, or any life insurance policy that names
either of the parties or a minor child of the parties as a
beneficiary.
(b) Changing beneficiaries or covered parties under any policy
of health insurance, homeowner or renter insurance or automobile
insurance that one party maintains to provide coverage for the
other party or a minor child of the parties, or any life
insurance policy.
(c)(A) Transferring, encumbering, concealing or disposing of
property in which the other party has an interest, in any manner,
without written consent of the other party or an order of the
court, except in the usual course of business or for necessities
of life.
(B) This paragraph does not apply to payment by either party
of:
(i) Attorney fees in the existing action;
(ii) Real estate and income taxes;
(iii) Mental health therapy expenses for either party or a
minor child of the parties; or
(iv) Expenses necessary to provide for the safety and welfare
of a party or a minor child of the parties.
Enrolled Senate Bill 801 (SB 801-A) Page 1
(d)(A) Making extraordinary expenditures without providing
written notice and an accounting of the extraordinary
expenditures to the other party.
(B) This paragraph does not apply to payment by either party of
expenses necessary to provide for the safety and welfare of a
party or a minor child of the parties.
(3) Either party restrained under this section may apply to the
court for further temporary orders, including modification or
revocation of the restraining order issued under this section.
(4) The restraining order issued under this section shall also
include a notice that either party may request a hearing on the
restraining order by filing a request for hearing with the court.
(5) A copy of the restraining order issued under this section
shall be attached to the summons.
(6) A party who violates a term of a restraining order issued
under this section is not subject to:
(a) Criminal prosecution based on the violation; or
(b) Imposition of punitive sanctions under ORS 33.065 based on
the violation. + }
SECTION 3. { + (1) Forms shall be established by court rule
for:
(a) The restraining order issued under section 2 of this 2003
Act; and
(b) The request for hearing under section 2 of this 2003 Act.
(2) The forms established under subsection (1) of this section
must include the terms of the restraining order described in
section 2 of this 2003 Act. + }
SECTION 4. ORS 107.085 is amended to read:
107.085. (1) A suit for marital annulment, dissolution or
separation shall be entitled: 'IN THE MATTER OF THE MARRIAGE OF
(names of parties): PETITION FOR (ultimate relief sought).' The
moving party shall be designated as the 'Petitioner' and the
other party the 'Respondent.' Nothing in this section shall
preclude both parties from acting as 'Copetitioners. '
(2) The petition shall state the following:
(a) The names, social security numbers, if known, and dates of
birth of all of the children born or adopted during the marriage,
and a reference to and expected date of birth of any children
conceived during the marriage but not yet born;
(b) The names, social security numbers, if known, and dates of
birth of all children born to the parties prior to the marriage;
{ - and - }
(c) To the extent known, whether there is pending in this or
any other state a domestic relations suit, as defined in ORS
107.510, or any type of support proceeding involving dependents
of the same marriage, including one brought under ORS 108.110,
416.400 to 416.470 or this section { + ; and
(d) That the petitioner acknowledges that by filing the
petition the petitioner is bound by the terms of the restraining
order issued under section 2 of this 2003 Act + }.
(3) At or prior to the hearing of a suit for marital annulment,
dissolution or separation, the moving party or the party
attending the hearing shall file with the court a written
statement setting forth the full names and any former names of
the parties, the residence, mailing or contact addresses of the
parties, the ages of both parties, their wage earner social
security account numbers, the date and place of the marriage of
the parties, and the names and ages of the children born to or
adopted by the parties. This information shall be incorporated in
and made a part of the decree.
Enrolled Senate Bill 801 (SB 801-A) Page 2
(4) If real property is involved, the petitioner may have a
notice of pendency of the action recorded at the time the
petition is filed, as provided in ORS 93.740.
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Passed by Senate May 16, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 3, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 801 (SB 801-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 801 (SB 801-A) Page 4