75th OREGON LEGISLATIVE ASSEMBLY--2009 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 586
 
                           A-Engrossed
 
                         House Bill 2310
                  Ordered by the House March 5
            Including House Amendments dated March 5
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon State Bar Family Law Section)
 
 
                             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.
 
  Allows party  { + or petitioner + } to request that court
modify any term in   { - order - }   { + certain orders + }
issued under Family Abuse Prevention Act.
 
                        A BILL FOR AN ACT
Relating to modification of protective order under Family Abuse
  Prevention Act; creating new provisions; and amending ORS
  107.730.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 107.730 is amended to read:
  107.730. (1) At any time after an order has been issued under
ORS 107.700 to 107.735 and after the time period set forth in ORS
107.718 (10)(a)  { - , - }  { + :
  (a) + } A party may request that the court modify terms in the
order   { - that provide for custody and parenting time. - }
 { + that were entered under ORS 107.718 (1)(a), (b), (g) or (i)
for good cause shown.
  (b) A petitioner may request that the court modify by removing
or making less restrictive terms in the order that were entered
under ORS 107.718 (1)(b), (g) or (i) for good cause shown.
Application to the court under this paragraph may be by ex parte
motion. + }
  (2) The clerk of the court shall provide without charge the
number of certified true copies of the request for modification
of the order and notice of hearing necessary to effect service
and, at the election of the party requesting the modification,
shall have a true copy of the request and notice delivered to the
county sheriff for service upon the other party.
  (3) Service shall be in the manner provided by law for service
of summons. The county sheriff shall serve the other party
personally unless the party requesting the modification elects to
have the other party served personally by a private party.
  (4) The provisions of ORS 107.716 (5) apply to a modification
of an order under this section.
  (5) The court may assess against either party a reasonable
attorney fee and such costs as may be incurred in the proceeding.
  SECTION 2.  { + The amendments to ORS 107.730 by section 1 of
this 2009 Act apply to all orders issued under ORS 107.700 to
107.735, whether issued before, on or after the effective date of
this 2009 Act. + }
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