74th OREGON LEGISLATIVE ASSEMBLY--2007 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 847
Senate Bill 269
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 Senate Interim Committee on
Judiciary for Oregon Judicial Department)
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 State Court Administrator to prescribe contents and
form of specific documents used in domestic relations actions.
Removes statutory forms.
A BILL FOR AN ACT
Relating to forms used in domestic relations actions; amending
ORS 107.097, 107.139, 107.485, 107.490, 107.500, 107.716,
107.718 and 107.835.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 107.097 is amended to read:
107.097. (1) Except as otherwise provided in subsection (3) of
this section, a court may not enter ex parte a temporary order
under ORS 107.095, 109.103 or 109.119 providing for the custody
of, or parenting time with, a child.
(2)(a) A party may apply to a court for a temporary protective
order of restraint by filing with the court an affidavit
conforming to the requirements of ORS 109.767.
(b) Upon receipt of an application under this subsection, the
court may issue a temporary protective order of restraint
restraining and enjoining each party from:
(A) Changing the child's usual place of residence;
(B) Interfering with the present placement and daily schedule
of the child;
(C) Hiding or secreting the child from the other party;
(D) Interfering with the other party's usual contact and
parenting time with the child;
(E) Leaving the state with the child without the written
permission of the other party or the permission of the court; or
(F) In any manner disturbing the current schedule and daily
routine of the child until custody or parenting time has been
determined.
(c) A copy of the order and the supporting affidavit must be
served on the other party in the manner of service of a summons
under ORCP 7. The order must include the following statement:
_________________________________________________________________
Notice: You may request a hearing on this order as long as it
remains in effect by filing with the court a { - hearing
request in the form described in ORS 107.097 (5). - } { +
request for a hearing. In the request you must tell the court and
the other party that you object to the order and specifically why
you disagree with the representation of the status quo described
in the order. In the request you must also inform the court of
your telephone number or contact number and your current
residence, mailing or contact address. + }
_________________________________________________________________
(3)(a) A court may enter ex parte a temporary order providing
for the custody of, or parenting time with, a child if:
(A) The party requesting an order is present in court and
presents an affidavit alleging that the child is in immediate
danger; and
(B) The court finds, based on the facts presented in the
party's testimony and affidavit and in the testimony of the other
party, if the other party is present, that the child is in
immediate danger.
(b) The party requesting an order under this subsection shall
provide the court with telephone numbers where the party can be
reached at any time during the day and a contact address.
(c) A copy of the order and the supporting affidavit must be
served on the other party in the manner of service of a summons
under ORCP 7. The order must include the following statement:
_________________________________________________________________
Notice: You may request a hearing on this order as long as it
remains in effect by filing with the court a { - hearing
request in the form described in ORS 107.097 (5). - } { +
request for a hearing. In the request you must tell the court and
the other party that you object to the order on the ground that
the child was not in immediate danger at the time the order was
issued. In the request you must also inform the court of your
telephone number or contact number and your current residence,
mailing or contact address. + }
_________________________________________________________________
(4)(a) A party against whom an order is entered under
subsection (2) or (3) of this section may request a hearing by
filing with the court a hearing request { - form described in
subsection (5) - } { + described in subsection (2) or (3) + }
of this section at any time while the order is in effect.
(b) The court shall make reasonable efforts to hold a hearing
within 14 days and shall hold a hearing no later than 21 days
after receipt of the request for the hearing. The court shall
notify each party of the time, date and place of the hearing.
(c) An order issued under subsection (2) or (3) of this section
remains in effect through the date of the hearing. If the party
against whom the order was entered fails to appear at the hearing
without good cause, the court shall continue the order in effect.
If the party who obtained the order fails to appear at the
hearing without good cause, the court shall vacate the order.
(d) The issue at a hearing to contest:
(A) A temporary protective order of restraint is limited to a
determination of the status quo at the time the order was issued.
If the child's usual place of residence cannot be determined, the
court may make any further order the court finds appropriate in
the best interests of the child.
(B) A temporary order for the custody of, or parenting time
with, a child is limited to whether the child was in immediate
danger at the time the order was issued.
{ - (5) The hearing request form must 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, NO.___
)
REQUEST FOR
and HEARING
)
______
, )
Respondent. ) - }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - I request a hearing. - }
{ - __ I object to the Protective Order of Restraint because I
disagree with the representation of the status quo in the
following particulars:
- }
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
{ - _________________ .
- }
{ - __ I object to the Temporary Custody and Parenting Time
Order on the ground that the child was not in immediate danger at
the time the order was issued. - }
{ - ____________
- }
{ - Signature - }
{ - DATE:____________
- }
{ - ADDRESS:____________
- }
{ - ____________
- }
{ - TELEPHONE:____________
- }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
? _____________________________________________________________ ?
{ + (5) The State Court Administrator shall prescribe the
content and form of a request for a hearing described in
subsections (2) and (3) of this section. + }
(6) As used in this section:
(a) 'Child's usual place of residence' has the meaning given
that term in ORS 107.138.
(b) 'Party's usual contact and parenting time,' 'present
placement and daily schedule of the child' and 'current schedule
and daily routine of the child' have the meanings given '
parent's usual contact and parenting time,' 'present placement
and daily schedule of the child' and 'current schedule and daily
routine of the child' in ORS 107.138.
SECTION 2. ORS 107.139 is amended to read:
107.139. (1)(a) Following entry of a judgment, a court may
enter ex parte a temporary order providing for the custody of, or
parenting time with, a child if:
(A) A parent of the child is present in court and presents an
affidavit alleging that the child is in immediate danger;
(B) The parent has made a good faith effort to confer with the
other party regarding the purpose and time of this court
appearance; and
(C) The court finds by clear and convincing evidence, based on
the facts presented in the parent's testimony and affidavit and
in the testimony of the other party, if the other party is
present, that the child is in immediate danger.
(b) The party requesting an order under this subsection shall
provide the court with telephone numbers where the party can be
reached at any time during the day and a contact address.
(c) A copy of the order and the supporting affidavit must be
served on the other party in the manner of service of a summons
under ORCP 7. The order must include the following statement:
_________________________________________________________________
Notice: You may request a hearing on this order as long as it
remains in effect by filing with the court a { - hearing
request in the form described in ORS 107.139 (3). - }
{ + request for a hearing. In the request you must tell the
court and the other party that you object to the order on the
ground that the child was not in immediate danger at the time the
order was issued. In the request you must also inform the court
of your telephone number or contact number and your current
residence, mailing or contact address. + }
_________________________________________________________________
(2)(a) A party against whom an order is entered under
subsection (1) of this section may request a hearing by filing
with the court a hearing request { - form described in
subsection (3) of this section - } { + described in subsection
(1) of this section + } at any time while the order is in effect.
(b) The court shall hold a hearing within 14 days after receipt
of the request for the hearing. The court shall notify each party
of the time, date and place of the hearing.
(c) An order issued under subsection (1) of this section
remains in effect through the date of the hearing. If the party
against whom the order was entered fails to appear at the hearing
without good cause, the court shall continue the order in effect.
If the party who obtained the order fails to appear at the
hearing without good cause, the court shall vacate the order.
(d) The issue at a hearing to contest a temporary order for the
custody of, or parenting time with, a child is limited to whether
the child was in immediate danger at the time the order was
issued.
{ - (3) The hearing request form must 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, NO.___
- }
{ -
)
REQUEST FOR HEARING
ON TEMPORARY
and CUSTODY AND
PARENTING TIME
ORDER
)
- }
{ -
______
, )
Respondent. ) - }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - __ I request a hearing. I object to the Temporary Custody
and Parenting Time Order on the ground that the child was not in
immediate danger at the time the order was issued. - }
{ - ____________
- }
{ - Signature - }
{ - Date:____________
- }
{ - Address:____________
- }
{ - ____________
- }
{ - Telephone:____________
- }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
? _____________________________________________________________ ?
{ + (3) The State Court Administrator shall prescribe the
content and form of a request for a hearing described in this
section. + }
SECTION 3. ORS 107.485 is amended to read:
107.485. A marriage may be dissolved by the summary dissolution
procedure specified in this section and ORS 107.490
{ - and 107.500 - } when all of the following conditions exist
at the time the proceeding is commenced:
(1) The jurisdictional requirements of ORS 107.025 and 107.075
are met.
(2) There are no minor children born to the parties or adopted
by the parties during the marriage. There are no children over
age 18 attending school, as described in ORS 107.108, either born
to the parties or adopted by the parties during the marriage.
There are no minor children born to or adopted by the parties
prior to the marriage. The wife is not now pregnant.
(3) The marriage is not more than 10 years in duration.
(4) Neither party has any interest in real property wherever
situated.
(5) There are no unpaid obligations in excess of $15,000
incurred by either or both of the parties from the date of the
marriage.
(6) The total aggregate fair market value of personal property
assets in which either of the parties has any interest, excluding
all encumbrances, is less than $30,000.
(7) The petitioner waives any right to spousal support.
(8) The petitioner waives any rights to pendente lite orders
except those pursuant to ORS 107.700 to 107.735 or 124.005 to
124.040.
(9) The petitioner knows of no other pending domestic relations
suits involving the marriage in this or any other state.
SECTION 4. ORS 107.490 is amended to read:
107.490. { + (1) + } A proceeding for summary dissolution of
the marriage shall be commenced by filing in the circuit court a
petition in the form prescribed by { + the State Court
Administrator under + } ORS 107.500. The petition shall be signed
by the petitioner and shall state that as of the date of the
filing of the petition each and every condition set forth in ORS
107.485 has been met. The court, upon its own motion, may
require a showing by appearance or affidavit of the petitioner.
{ +
(2) The petitioner shall serve the respondent with a summons
and a true copy of the petition in the manner provided in ORCP 7
D and E. Service must be proved as required in ORCP 7 F.
(3) Within 30 days after the date on which the respondent is
served with the summons or, if service is made by publication or
posting under ORCP 7 D(6), within 30 days from the date of last
publication or posting, the respondent shall file with the court
a written answer to the petition or a motion, along with the
required filing fee, and proof of service of the answer or motion
on the petitioner.
(4) If the respondent fails to file a written answer or motion
as required by this section or fails to appear for a hearing in
the proceeding, the court may find the respondent in default,
enter a judgment of summary dissolution and award costs to the
petitioner or the state if fees and costs were waived or
deferred. + }
SECTION 5. ORS 107.500 is amended to read:
107.500. { + (1) The State Court Administrator shall prescribe
the content of forms for use under ORS 107.485 and 107.490,
including forms related to the waiver or deferral of fees and
costs under ORS 21.605, and an instructional brochure describing
the procedures set forth in ORS 107.485 and 107.490.
(2) + } Each circuit court shall make available { - with - }
{ + the + } appropriate forms { - an - } { + and the + }
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: - } { + described in subsection
(1) of this section. + }
? _____________________________________________________________ ?
{ -
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. Husband's address:
{ - _______________
{ - h. Husband's former legal names:
{ - _______________
{ - i. Husband's age:
{ - _______________
{ - 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 107.735 (the Family Abuse
Prevention Act) or 124.005 to 124.040 (the Elderly 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.
_______________________________________________________________
{ -
TOName 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 Judgment 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 JUDGMENT
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, JUDGMENT 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. Husband's address:
{ - _______________
{ - h. Husband's former legal names:
{ - _______________
{ - i. Husband's age:
{ - _______________
{ - 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 JUDGMENT IS
RENDERED AS FOLLOWS:
{ - 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 Judgment 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
- }
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - Additional pages have been added as D-1.
{ - (b) The husband shall pay the debts listed below. The
wife is awarded a judgment against the husband in the sum of
$____. The husband can satisfy the judgment by paying the
following debts: - }
____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 6. ORS 107.716 is amended to read:
107.716. (1) If the respondent requests a hearing pursuant to
ORS 107.718 (10), the court shall hold the hearing within 21 days
after the request. However, if the respondent contests the order
granting temporary child custody to the petitioner, the court
shall hold the hearing within five days after the request.
(2)(a) If the court determines under ORS 107.718 (2) that
exceptional circumstances exist that affect the custody of a
child, the court shall hold a hearing within 14 days after
issuance of the restraining order. The clerk of the court shall
provide a notice of the hearing along with the petition and order
to the petitioner and, in accordance with ORS 107.718 (8), to the
county sheriff for service on the respondent.
(b) The respondent may request an earlier hearing, to be held
within five days after the request. The hearing request form
shall be available from the clerk of the court { - and shall be
substantially - } in the form { - provided in - }
{ + prescribed by the State Court Administrator under + } ORS
107.718 (7). If the respondent requests an earlier hearing, the
clerk of the court shall notify the parties of the scheduled
hearing date by mailing a notice of the time and place of hearing
to the addresses provided in the petition or, for the respondent,
to the address provided in the request for hearing, or as
otherwise designated by a party.
(c) When the court schedules a hearing under this subsection,
the respondent may not request a hearing under ORS 107.718 (10).
(3) In a hearing held pursuant to subsection (1) or (2) of this
section, the court may cancel or change any order issued under
ORS 107.718 and may assess against either party a reasonable
attorney fee and such costs as may be incurred in the proceeding.
(4)(a) If service of a notice of hearing is inadequate to
provide a party with sufficient notice of the hearing held
pursuant to ORS 107.718 (2) or (10), the court may extend the
date of the hearing for up to five days so that the party may
seek representation.
(b) If one party is represented by an attorney at a hearing
held pursuant to ORS 107.718 (2) or (10), the court may extend
the date of the hearing for up to five days at the other party's
request so that the other party may seek representation.
(5) 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.
_________________________________________________________________
(6) The court may 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.
(7) 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.
(8) No undertaking shall be required in any proceeding under
ORS 107.700 to 107.735.
(9) Any proceeding under ORS 107.700 to 107.735 shall be in
addition to any other available civil or criminal remedies.
SECTION 7. 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:
(a) Except as provided in subsection (2) of this section, 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 the respondent have no contact with the petitioner in
person, by telephone or by mail except as described in parenting
time ordered under this section.
(2) If the court determines that exceptional circumstances
exist that affect the custody of a child, the court shall order
the parties to appear and provide additional evidence at a
hearing to determine temporary custody and resolve other
contested issues. Pending the hearing, the court may make any
orders regarding the child's residence and the parties' contact
with the child that the court finds appropriate to provide for
the child's welfare and the safety of the parties. The court
shall set a hearing time and date as provided in ORS 107.716 (2)
and issue a notice of the hearing at the same time the court
issues the restraining order.
(3) The court's order under subsection (1) of this section is
effective 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.
(4) 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 specifically
describe the area.
(5) Imminent danger under this section includes but is not
limited to situations in which the respondent has recently
threatened petitioner with additional bodily harm.
(6) 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.
{ - (7) An instruction brochure shall be available from the
clerk of the circuit court explaining the rights set forth under
ORS 107.700 to 107.735. 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. - }
{ -To2qualify 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__.
- }
{ -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? - }
_______________
_______________
_______________
{ -Are.there incidents other than those described in question 4
above, in which respondent has hurt or threatened to hurt
you? If Yes, Explain: - }
_______________
_______________
_______________
{ -I am in imminent danger of further abuse by respondent
because: - }
_______________
_______________
_______________
{ -In7any 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:
- } _______________
_______________
{ -A.8.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: __________
- }
{ -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 whatBirth certificate
Child support
proceeding
Paternity lawsuit
Other
{ - Explain: __________
- }
{ -A.9.The children of respondent and me who are under 18 years
of age are:
Name _____ Age __
- }
{ - Name _____ Age __
- }
{ - Name _____ Age __
- }
{ - Name _____ Age __
- }
{ -The.children are now living with __________, at _______
(address).
For how long? _____
- }
{ -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
____________________________________________________________
{ -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:
- } ____________
____________
{ -I know of no other custody, parenting time or visitation
lawsuits concerning the children in this or any other
state except:
- } ____________
{ -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:
- } ____________
{ -MyIchildren 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):
- } ____________
{ -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: ____
- }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ -
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.
_______________________________________________________________
{ -
ResiHours _____
- }
{ -
EmplHourst_____
- }
{ -
Address: ____
- }
_______
{ -
EmplHourst_____
- }
{ -
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. A previous child custody, parenting time, guardianship
___
- }
{ -
or juvenile dependency determination has been made in
________
(State/Tribe/Country);
A child custody, parenting time, guardianship or_juvenile
__
- }
{ -
dependency proceeding has been commenced in ________
- }
{ -
(State/Tribe/Country); 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? Petitioner's current or subsequent residence.
___
- }
{ -
? Petitioner's business or place of employment.
___
- }
{ -
? Petitioner's school. ___
- }
{ -
? Other locations. ___
- }
{ -
? 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? Contacting, or attempting to contact, petitioner by telephone. - }
___
{ -
? 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? The premises of the children's day care provider.
___
- }
{ -
? The children's school. ___
- }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
{ -
? ? 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.
_______________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
? ? 11.Other relief: ________________
___
- }
____________________
_
____________________
_
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
? ? 12.Petitioner and respondent shall appear at_a_hearing
_
- }
{ -
to be held at a time and place shown in the attached
Notice of Hearing. The purpose of the hearing is to
consider the temporary custody of the parties'
children and other relief that may be contested. - }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
? ? 13.Pending the hearing to be held pursuant to_paragraph
_ _
- }
{ -
12 above, if temporary custody of the children is not
awarded to the petitioner under ORS 107.718 (1)(a), the
residence of the children and parental access to the
children is as follows with respect to the following
children (include the children's names and dates of birth): - }
____________________
_
____________________
_
{ -
The order contained in this paragraph expires at the
hearing. - }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
? ? 14.The child custody provisions of this order_conflict
_ _
- }
{ -
with the child custody provisions of a preexisting order
or judgment issued pursuant to ORS 107.095 (1)(b),
107.105, 107.135, 109.103 or 109.155. The child custody
provisions of this order remain in effect until ___
,
or until another order is issued in the preexisting
case, whichever occurs first. - }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
? ? 15.The child custody provisions of this order_conflict
_ _
- }
{ -
with the child custody provisions of a preexisting order
or judgment issued by another jurisdiction. The child
custody provisions of this order remain in effect for
one year or until another order is issued in the
preexisting case, whichever occurs first. - }
____________________________________________________________
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.
_______________________________________________________________
{ -
? ? 16NO PARENTING TIME due to ________
___
- }
____________________
_
____________________
_
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
? ? 17. 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.
_______________________________________________________________
{ -
? ? 18. 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.
_______________________________________________________________
{ -
? ? 19. 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.
_______________________________________________________________
{ -
? ? 20. 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.
_______________________________________________________________
{ -
? ? 21. OTHER PARENTING TIME AS FOLLOWS: ___
- }
____________________
_
____________________
_
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
? ? 22. 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.
_______________________________________________________________
{ -
? ? 23. 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.
_______________________________________________________________
{ -
? ? 24. 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, the Petition for Restraining Order to
Prevent Abuse and, if applicable, the Notice of Hearing 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 A NOTICE OF HEARING IS ATTACHED TO THE RESTRAINING
ORDER, YOU ARE REQUIRED TO APPEAR AT A HEARING AT THE TIME AND
PLACE SPECIFIED IN THE NOTICE. THE PURPOSE OF THE HEARING IS TO
CONSIDER TEMPORARY CUSTODY OF YOUR CHILD OR CHILDREN AND OTHER
MATTERS. IF YOU WANT AN EARLIER HEARING DATE THAN THE DATE
SPECIFIED IN THE NOTICE, YOU MUST COMPLETE THE REQUEST FOR
HEARING FORM BELOW AND MAIL OR DELIVER IT TO: - }
_________________________________________________________________
_________________________________________________________________
{ - IF NO NOTICE OF HEARING IS ATTACHED TO THE RESTRAINING
ORDER AND YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER, YOU
MUST COMPLETE THE REQUEST FOR HEARING FORM BELOW 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 CHILD CUSTODY (NOT
PARENTING TIME) IS AT ISSUE. - }
{ - AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE ORDER
SHOULD BE CANCELED, CHANGED OR EXTENDED. IF YOU DO NOT APPEAR AT
THE HEARING, THE RESTRAINING ORDER MAY BE UPHELD AND ALL MATTERS
COULD BE DECIDED AGAINST YOU. - }
{ - 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 - }
{ - 1. 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 __________
- }
{ - 2. ? ? If I have checked this box, a Notice of Hearing is
attached to the Restraining Order, setting a hearing for (specify
date and time) ______. However, I believe exceptional
circumstances affect my child or children and require an earlier
hearing. I request an earlier date for a hearing, to be held
within five days after the date I file this request with the
court. I understand that this earlier hearing date must be before
the date specified in the Notice of Hearing. - }
{ - 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
____________________________________________________________
? _____________________________________________________________ ?
{ + (7) The State Court Administrator shall prescribe the
content and form of the petition, order and related forms for use
under ORS 107.700 to 107.735. The clerk of the court shall make
available the forms and an instructional brochure explaining the
rights set forth under ORS 107.700 to 107.735. + }
(8) 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 107.735.
(9) If the county sheriff:
(a) Determines that the order and petition are incomplete,
{ + the sheriff shall return + } 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.
(10)(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 (7) of this
section - } { + in the form prescribed by the State Court
Administrator + }.
(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 - } { + the + }
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.
(11) 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.
SECTION 8. ORS 107.835 is amended to read:
107.835. (1) When { - any - } { + a + } court enters a
judgment, order or modification of { - any - } { + a + }
judgment or order under ORS chapter 25, 107, 108, 109, 110 or
416, the court shall allow any party to the judgment or order to
include in the judgment or order a waiver of personal service in
a subsequent contempt proceeding { - . The content of the waiver
shall be substantially as follows: - } { + in order to maintain
the confidentiality of the party's residential address. In the
waiver, the party shall give a contact address for service of
process and select one of the following methods of substituted
service:
(a) Mailing address;
(b) Business address; or
(c) Specified agent. + }
? _____________________________________________________________ ?
{ - In order to maintain the confidentiality of my
residential address, I hereby waive my right to personal service
if I am subsequently charged with contempt. I am giving the
following contact address for service of process and select the
following method of substituted service: - }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
( ) Mailing address:________
- }
{ -
( ) Business address:________
- }
{ -
( ) Specified agent:________
- }
{ -
Signed:________
- }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
? _____________________________________________________________ ?
(2) Any time after a party has waived personal service under
subsection (1) of this section, the party may file an amended
waiver { - in substantially the same form - } designating a
different method of substituted service or a different address
for substituted service. The party { - must - } { + shall + }
give notice of the amendment to all other parties.
{ + (3) The State Court Administrator shall prescribe the
content and form of the waiver and amended waiver described in
this section. + }
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