75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2310
 
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)
 
 
                     CHAPTER ................
 
 
                             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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Enrolled House Bill 2310 (HB 2310-A)                       Page 1
 
 
 
 
 
Passed by House March 10, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 19, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2310 (HB 2310-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2310 (HB 2310-A)                       Page 3