Chapter 617 Oregon Laws 1999

Session Law

AN ACT

SB 319

Relating to domestic violence; amending ORS 107.705, 107.710, 107.716, 107.718, 133.055 and 135.250.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 133.055 is amended to read:

133.055. (1) A peace officer in lieu of taking the person into custody may issue and serve a citation to the person to appear at the court of the magistrate before whom the person would be taken pursuant to ORS 133.450.

(2)(a) Notwithstanding the provisions of subsection (1) of this section, when a peace officer [is at the scene of a] responds to an incident of domestic disturbance and has probable cause to believe that an assault has occurred between [spouses, former spouses or adult persons related by blood or marriage or persons of opposite sex residing together or who formerly resided together] family or household members, as defined in ORS 107.705, or to believe that one such person has placed the other in fear of imminent serious physical injury, the officer shall arrest and take into custody the alleged assailant or potential assailant.

(b) When the peace officer makes an arrest under paragraph (a) of this subsection, the peace officer is not required to arrest both persons.

(c) When a peace officer makes an arrest under paragraph (a) of this subsection, the peace officer shall make every effort to determine who is the assailant or potential assailant by considering, among other factors:

(A) The comparative extent of the injuries inflicted or the seriousness of threats creating a fear of physical injury;

(B) If reasonably ascertainable, the history of domestic violence between the persons involved;

(D) The potential for future assaults.

(3) Whenever any peace officer has reason to believe that a family or household member, as defined in ORS 107.705, has been abused as defined in ORS 107.705 or that an elderly person has been abused as defined in ORS 124.005, that officer shall use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community and giving each person immediate notice of the legal rights and remedies available. The notice shall consist of handing each person a copy of the following statement:

___________________________________________________________________

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the district attorney to file a criminal complaint. You also have the right to go to the circuit court and file a petition requesting any of the following orders for relief: (a) An order restraining your attacker from abusing you; (b) an order directing your attacker to leave your household; (c) an order preventing your attacker from entering your residence, school, business or place of employment; (d) an order awarding you or the other parent custody of or parenting time with a minor child or children; (e) an order restraining your attacker from molesting or interfering with minor children in your custody; (f) an order awarding you other relief the court considers necessary to provide for your or your children's safety, including emergency monetary assistance. Such orders are enforceable in every state.

You may also request an order [directing the party not granted custody to pay support of] awarding support for minor children[,] in your care or for your support [of the other party if that] if the other party has a legal obligation to [do so] support you or your children.

You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is under [$2,500] $3,500.

Similar relief may also be available in tribal courts.

For further information you may contact: ____."

___________________________________________________________________

SECTION 2. ORS 107.718 is amended to read:

107.718. (1) When a person files a petition under ORS 107.710, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse to the petitioner, the court shall, if requested by the petitioner, order, for a period of one year or until the order is withdrawn or amended, or until the order is superseded as provided in ORS 107.722, whichever is sooner:

(a) That temporary custody of the children of the parties be awarded to the petitioner or, at the request of the petitioner, to the respondent, subject to reasonable parenting time rights of the noncustodial parent, which the court shall order, unless such parenting time is not in the best interest of the child;

(b) That the respondent be required to move from the petitioner's residence, if in the sole name of the petitioner or if it is jointly owned or rented by the petitioner and the respondent, or if the parties are married to each other;

(c) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner's current or subsequent residence if the respondent is required to move from petitioner's residence;

(d) That a peace officer accompany the party who is leaving or has left the parties' residence to remove essential personal effects of the party or the party's children, or both, including but not limited to clothing, toiletries, diapers, medications, social security cards, birth certificates, identification and tools of the trade;

(e) That the respondent be restrained from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner;

(f) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children in the custody of the petitioner, or attempting to intimidate, molest, interfere with or menace any children in the custody of the petitioner;

(g) That the respondent be restrained from entering, or attempting to enter, on any premises and a reasonable area surrounding the premises when it appears to the court that such restraint is necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or children whose custody is awarded to the petitioner; [or]

(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 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.

(3) Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with additional bodily harm.

(4) If the court awards parenting time to a parent who committed abuse, the court shall make adequate provision for the safety of the child and of the petitioner. The order of the court may include, but is not limited to, the following:

(a) That exchange of a child between parents shall occur at a protected location.

(b) That parenting time be supervised by another person or agency.

(c) That the perpetrator of the abuse be required to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or any other counseling program designated by the court as a condition of the parenting time.

(d) That the perpetrator of the abuse not possess or consume alcohol or controlled substances during the parenting time and for 24 hours preceding the parenting time.

(e) That the perpetrator of the abuse pay all or a portion of the cost of supervised parenting time, and any program designated by the court as a condition of parenting time.

(f) That no overnight parenting time occur.

(5) An instruction brochure shall be available from the clerk of the circuit court explaining the rights set forth under ORS 107.700 to 107.732. The petition, order and related forms shall be available from the clerk of the court and shall be in substantially the following form:

___________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF _________

_________, )

Petitioner ) PETITION FOR

(your name) ) RESTRAINING ORDER

) TO PREVENT ABUSE

vs. )

) No. ______

)

_________, )

Respondent )

(person to be )

restrained) )

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 ____________, 19___. We were divorced on ____________, 19___.

__ 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 _____, 19___.

__ D. Respondent and I lived together from _____, 19___, to _________, 19___.

__ E. Respondent and I have been involved in a sexually intimate relationship within the last two years.

__ F. Respondent and I are the unmarried parents of a child.

__ G. I am a minor and have been involved in a sexually intimate relationship with respondent who is 18 years of age or older.

2. To qualify for a restraining order, respondent must have done one or more of the following:

Within the last 180 days, respondent has:

__ A. Caused me bodily injury.

__ B. Attempted to cause me bodily injury.

__ C. Placed me in fear of immediate serious 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 _________, 19___, to _________, 19___.

Respondent lived more than 100 miles from my home from _________, 19___, to _________, 19___.

4. Did the abuse happen within the last 180 days not including the times respondent was incarcerated (in jail or prison) or lived more than 100 miles from your home? Yes No

Date and location of abuse:

________________________________

How did respondent hurt or threaten you?

________________________________

5. Are there incidents other than those described in question 4 above, in which respondent has hurt or threatened to hurt you? If Yes, Explain:

________________________________

6. I am in immediate and present danger of further abuse by respondent because:

________________________________

7. In any of the above incidents:

Were drugs, alcohol or weapons involved? Yes No

Did you need medical help? Yes No

Were the police or the courts involved? Yes No

If you have circled yes to any of the above questions, explain:

________________________________

8. A. There (is) (is not) another restraining order pending between respondent and me. It is filed in ___ (County), ___ (State), and I am (Petitioner) or (Respondent) in that case.

The case number of the case is: ___________

B. There (is) (is not) another lawsuit pending between respondent and me for divorce, annulment, legal separation, filiation (paternity), custody, parenting time or visitation.

If yes, type of lawsuit: ___________

It is filed in ______ (County), ______ (State).

C. If you and respondent are unmarried, has legal paternity of your children been established? Yes No

In what way? Birth certificate

Child support proceeding

Paternity lawsuit

Other

Explain: ___________

9. A. The children of respondent and me who are under 18 years of age are:

Name ______ Age ___

B. The children are now living with ___________, at ________ (address).

For how long? ______

C. I believe that I will need the assistance of a peace officer to regain custody of my children from respondent. Yes No

D. Is there a custody or any other order now in effect concerning any of these children? Yes No

Type of order: ________

The case number is: ____ and it is filed in ____ (County), ____ (State).

E. Where have the children listed in A. above lived for the last five years and with whom?

County/ Lived Present

Dates State With Address

From __ to _ _ ___

From ____ to ____ _____ _____ _____

F. I have not been involved as a party, witness or in any other capacity in any other custody, parenting time or visitation lawsuits concerning the children in this or any other state except:

__________________________

G. I know of no other custody, parenting time or visitation lawsuits concerning the children in this or any other state except:

__________________________

H. I know of no one, other than respondent, who has physical custody of the children or who claims custody, parenting time or visitation rights with the children, except:

__________________________

I. My children have not lived in Oregon for the last six months but my children and I are now present in Oregon and I want the court to award me custody because (describe the emergency that makes this necessary or information that is in Oregon that relates to the children):

__________________________

10. Respondent may be required to move from your residence if it is in your sole name, or if it is jointly owned or rented by you and respondent, or if you and respondent are married.

I (do) (do not) want respondent to move from my residence.

My residence is:

Owned Leased Rented

By: ___________

PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE "PETITIONER'S REQUEST" COLUMN OF THE PROPOSED RESTRAINING ORDER, WHICH IS ATTACHED.

___________________________________________________________________

PETITIONER MUST NOTIFY THE COURT

OF ANY CHANGE OF ADDRESS.

ALL NOTICES OF HEARING WILL

BE SENT TO THIS ADDRESS

AND DISMISSALS MAY BE

ENTERED IF YOU DO NOT APPEAR

AT A SCHEDULED HEARING.

If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary.

______________

PETITIONER

STATE OF OREGON )

) ss.

County of ____ )

SUBSCRIBED AND SWORN TO before me this ___ day of ______, 19___.

_____________________________

NOTARY PUBLIC FOR OREGON

My Commission Expires: _____

RELEVANT DATA

RESPONDENT ___________

Sex ___ Telephone # ______

Residence Address ___________

City/State/Zip ___________

County ___________

Birthdate _____ Age ___

Race _____

Height ______ Weight ______

Eye Color ______

PETITIONER (you) _________

Sex ____ *Telephone # ______

*Residence Address _________

City/State/Zip ___________

County ___________

Birthdate ______ Age ____

Race ______

Height ______ Weight ______

Eye Color ______

*If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary.

PLEASE FILL OUT THIS INFORMATION

TO AID IN SERVICE OF

THE RESTRAINING ORDER

Where is respondent most likely to be located?

Residence Hours ______

Employment Hours ______

Address: _____

________

Employment Hours ______

Address: _____

________

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 _______

_____, )

Petitioner ) RESTRAINING ORDER

(your name) ) TO PREVENT ABUSE

)

vs. )

) No. ______

)

_____, )

Respondent )

(person to be )

restrained) )

TO THE RESPONDENT:

VIOLATION OF THIS RESTRAINING ORDER MAY RESULT IN YOUR ARREST AND IN CIVIL AND/OR CRIMINAL PENALTIES. 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:

Judge's Initials

__ Petitioner has been abused by respondent as defined by ORS 107.705;

__ The abuse of petitioner by respondent occurred within the last 180 days as

provided in ORS 107.710;

__ There is an immediate and present danger of further abuse to petitioner;

and if there are children, Oregon has jurisdiction over the issue of the custody of the children under ORS 109.700 to 109.930 on the following grounds:

__ Oregon is home state of the children under ORS 109.710 and 109.730.

__ It is in the best interest of the children that Oregon assume jurisdiction based on significant connection grounds under ORS 109.730 (1)(b).

__ Emergency grounds exist under ORS 109.730 (1)(c).

__ No other state has jurisdiction under ORS 109.730 (1)(d).

IT IS HEREBY ORDERED that:

Petitioner's Request Judge's Initials

[ ] 1. Respondent is restrained (prohibited) from intimidating, ____

molesting, interfering with or menacing petitioner, or

attempting to intimidate, molest, interfere with

or menace petitioner.

[ ] 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:

_________________________

[ ] 3. Respondent is restrained (prohibited) from entering, or ____

attempting to enter:

(Include names and address unless withheld for safety reasons.)

[ ] 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):

_________________________

[ ] 4. Respondent is restrained (prohibited) from:

[ ] Contacting, or attempting to contact, petitioner by telephone. ____

[ ] Contacting, or attempting to contact, petitioner by mail. ____

[ ] 5. Respondent is restrained (prohibited) from entering, or

attempting to enter:

[ ] The premises of the children's day care provider. ____

[ ] The children's school. ____

[ ] 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.

[ ] 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.

[ ] 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: _______

[ ] 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: _______

[ ] 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.

[ ] 11. Other relief: -________________ ____

___________________________

IT IS FURTHER ORDERED that the party not awarded custody shall be allowed parenting time as set forth below:

Petitioner's Request Judge's Initials

[ ] 12. NO PARENTING TIME due to _________ ____

_______________________

[ ] 13. SUPERVISED PARENTING TIME: Three hours per week, ____

Supervised by:

As follows:

(day of week, location, times)

[ ] 14. Once per week on _______ (day) from ____ ____

a.m./p.m. to ____ a.m./p.m.

[ ] 15. On the FIRST and THIRD weekends of each month ____

from 7:00 p.m. Saturday to 7:00 p.m. Sunday.

The first weekend is the one in which both

Saturday and Sunday are in the new month.

[ ] 16. On the FIRST and THIRD weekends of each month ____

from 7:00 p.m. Friday to 7:00 p.m. Sunday.

The first weekend is the one in which both

Saturday and Sunday are in the new month.

[ ] 17. OTHER PARENTING TIME AS FOLLOWS: ____

_______________________

[ ] 18. Parenting time details not provided for in this ORDER, ____

including the days or hours of parenting time, shall be

arranged through _____________.

[ ] 19. The parent not awarded custody will pick up and return ____

the children at the curb, or driveway if no curb, of the

residence of the custodial parent or at ______

(name and address of different location) no more than

15 minutes early nor 15 minutes late.

IF RESPONDENT IS NOT AWARDED CUSTODY AND

IF RESPONDENT IS OTHERWISE PROHIBITED

FROM BEING AT PETITIONER'S RESIDENCE,

RESPONDENT MAY BE AT THE CURB, OR DRIVE-

WAY IF NO CURB, OF PETITIONER'S RESIDENCE

FOR A MAXIMUM OF FIVE MINUTES AT THE

PARENTING TIME HOUR SPECIFIED IN THE ORDER

TO PICK UP OR RETURN THE CHILDREN OR AT ANY

OTHER TIME THE PARTIES AGREE TO.

[ ] 20. No further service is necessary because respondent ____

appeared in person before the Court.

IT IS FURTHER ORDERED that:

SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER IS $5,000 unless otherwise specified.

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.

DATED this ____ day of ___________, 19___.

______________________

CIRCUIT COURT JUDGE (signature)

______________________

CIRCUIT COURT JUDGE (printed)

___________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _______

)

_____, ) No. ____

Petitioner, )

vs. ) AFFIDAVIT OF PROOF

_____, ) OF SERVICE

Respondent. )

)

STATE OF )

OREGON )

) ss.

County of ____ )

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 _____, 19___, I served the Restraining Order to Prevent Abuse and the Petition for Restraining Order to Prevent Abuse in this case personally upon the above-named respondent in _______ County by delivering to the respondent a copy of those papers, each of which was certified to be a true copy of each original.

___________________

Signature of _________

SUBSCRIBED AND SWORN TO before me this ____ day of _____, 19___.

_____________________________

NOTARY PUBLIC FOR OREGON

My Commission Expires: _____

___________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _______

)

_____, ) No. ____

Petitioner, )

vs. ) MOTION AND ORDER

_____, ) OF DISMISSAL

Respondent. )

)

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 _____, 19___.

_____________________________

NOTARY PUBLIC FOR OREGON

My Commission Expires: _____

IT IS SO ORDERED this ___ day of ____, 19__.

_____________

JUDGE

___________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _______

_____, )

(D.O.B. ____) ) NOTICE TO RESPONDENT

) (Family Abuse

Petitioner, ) Prevention Act)

)

and ) No. _____

) _____,

_____, )

(D.O.B. ____) )

)

Respondent. )

THIS FORM MUST BE

ATTACHED TO SERVICE COPY

OF RESTRAINING ORDER

TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS ORDER BECOMES EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THIS FORM AND MAIL OR DELIVER IT TO:

REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD WITHIN 21 DAYS, OR WITHIN FIVE DAYS IF YOU ARE CONTESTING A CUSTODY PROVISION (NOT PARENTING TIME). AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE OF THIS HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT'S TEMPORARY ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.

Keep in mind that this order remains in effect until the court that issued the order modifies or dismisses it. It may also be renewed upon a finding that a person in 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. Violation of this order constitutes contempt of court and is punishable by a fine of up to $500 or one percent of your annual gross income, whichever is greater, a jail term of up to six months, or both. Other sanctions may be imposed. Under federal law, you may be prohibited from purchasing or possessing a firearm if the order remains in effect after the hearing.

___________________________________________________________________

REQUEST FOR HEARING

I am the Respondent in the above-referenced action and I request a hearing to contest all or part of the order as follows (mark one or more):

__ The order restraining me from contacting or attempting to contact the

petitioner.

__ The order granting child custody to the petitioner.

__ The terms of the parenting time order.

__ Other ___________

I (will) (will not) be represented by an attorney at the hearing.

Notice of the time and place of the hearing can be mailed to me at the address below my signature.

Date: ___________

________________________________

SIGNATURE OF RESPONDENT

________________________________

ADDRESS

________________________________

TELEPHONE NUMBER

___________________________________________________________________

(6) 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.

(b) The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 107.720. When the order does not contain the respondent's date of birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall verify the respondent's date of birth with the respondent and shall record that date on the order or proof of service entered into the Law Enforcement Data System under ORS 107.720.

(c) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 107.700 to 107.732.

(7) If the county sheriff:

(a) Determines that the order and petition are incomplete, the order and petition shall be returned to the clerk of the court. The clerk of the court shall notify the petitioner, at the address provided by the petitioner, of the error or omission.

(b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within 10 days, the county sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

(8)(a) Within 30 days after a restraining order is served under this section, the respondent therein may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court and shall be in substantially the form provided in subsection (5) of this section.

(b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner of the date and time of such hearing, and shall supply the petitioner with a copy of the respondent's request for a hearing. The petitioner shall give to the clerk of the court information sufficient to allow such notification.

(c) The hearing shall not be limited to the issues raised in the respondent's request for hearing form. If the respondent seeks to raise an issue at the hearing not previously raised in the request for hearing form, or if the petitioner seeks relief at the hearing not granted in the original order, the [petitioner] other party shall be entitled to a reasonable continuance for the purpose of preparing a response to the issue.

SECTION 3. ORS 135.250 is amended to read:

135.250. (1) If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will:

(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until the defendant is discharged or the judgment is entered;

(b) Submit to the orders and process of the court;

(d) Comply with such other conditions as the court may impose.

(2)(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall include as a condition of the release agreement that the defendant not contact the victim of the violence.

(b) Notwithstanding paragraph (a) of this subsection, the court may enter an order waiving the condition that the defendant have no contact with the victim if:

(A) The victim petitions the court for a waiver; and

(B) The court finds, after a hearing on the petition, that waiving the condition is in the best interests of the parties and the community.

(c) If the defendant was provided notice and an opportunity to be heard, the court shall also include in the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the defendant's ability to possess firearms and ammunition or engage in activities involving firearms.

(d) ORS 107.720 applies to release agreements executed by defendants charged with an offense that constitutes domestic violence, except that proof of service of the release agreement is not required and the agreement may not be terminated at the request of the victim without a hearing.

(3) If the defendant is released after judgment of conviction, the conditions of the release agreement shall be that the defendant will:

(a) Duly prosecute the appeal of the defendant as required by ORS 138.005 to 138.500;

(b) Appear at such time and place as the court may direct;

(d) Comply with such other conditions as the court may impose; and

(e) If the judgment is affirmed or the judgment is reversed and the cause remanded for a new trial, immediately appear as required by the trial court.

SECTION 4. ORS 107.710 is amended to read:

107.710. (1) Any person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 107.700 to 107.732, if the person is in immediate and present danger of further abuse from the abuser. The person may seek relief by filing a petition with the circuit court alleging that the person is in immediate and present danger of abuse from the respondent, that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and particularly describing the nature of the abuse and the dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition. Allegations in the petition shall be made under oath or affirmation. The circuit court shall have jurisdiction over all proceedings under ORS 107.700 to 107.732.

(2) The petitioner has the burden of proving a claim under ORS 107.700 to 107.732 by a preponderance of the evidence.

[(2)] (3) A person's right to relief under ORS 107.700 to 107.732 shall not be affected by the fact that the person left the residence or household to avoid abuse.

[(3)] (4) A petition filed under ORS 107.700 to 107.732 shall disclose the existence of any custody, Family Abuse Prevention Act or Elder Abuse Prevention Act proceedings, or any marital annulment, dissolution or separation proceedings, or any filiation proceeding, pending between the parties, and the existence of any other custody order affecting the children of the parties.

[(4)] (5) When the petitioner requests custody of any child, the petition shall comply with ORS 109.790 and disclose:

(a) The child's present residence and the length of time the child has resided at the residence;

(b) The county and state where the child resided for the five years immediately prior to the filing of the petition;

(d) The name and current address of any party or other responsible person with whom the child resided for the five years immediately prior to the filing of the petition;

(e) Whether the party participated as a party, witness or in any other capacity, in any other litigation concerning the custody of the child in this or any other state;

(f) Whether the party has information of any custody proceeding concerning the child pending in a court of this or any other state; and

(g) Whether the party knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody, parenting time or visitation rights with respect to the child.

[(5)] (6) For purposes of computing the 180-day period in this section and ORS 107.718, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the petitioner shall not be counted as part of the 180-day period.

SECTION 5. ORS 107.716 is amended to read:

107.716. (1) If the respondent requests a hearing pursuant to ORS 107.718 (8), the court shall hold the hearing within 21 days following the request, and may cancel or change any order issued under ORS 107.718.

(2) In addition to the relief [granted] available under ORS 107.718, the court, in a hearing held pursuant to subsection (1) of this section, may[:]

[(a) Award temporary custody of or establish temporary parenting time rights with regard to the children of the parties.]

[(b) Require either party to move from any family residence whose title or right to occupy such premises is held jointly by the parties.]

[(c)] assess against either party a reasonable attorney fee and such costs as may be incurred in the [hearing] proceeding.

(3) Where temporary custody is contested, the hearing shall be held within five days of the respondent's request. If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner so that the petitioner may seek representation.

(4) The court shall have the further power to approve any consent agreement to bring about a cessation of abuse of the parties. However, the court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted an order under ORS 107.710. An order or consent agreement made under this section may be amended at any time and shall continue in effect for a period of one year from the date of the order issued under ORS 107.718, or until superseded as provided in ORS 107.722.

(5) 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.

(6) No undertaking shall be required in any proceeding under ORS 107.700 to 107.732.

(7) Any proceeding under ORS 107.700 to 107.732 shall be in addition to any other available civil or criminal remedies.

SECTION 6. ORS 107.705 is amended to read:

107.705. As used in ORS 107.700 to 107.732[, 133.055, 133.310 and 133.315]:

(1) "Abuse" means the occurrence of one or more of the following acts between family or household members:

(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.

(b) Intentionally, knowingly or recklessly placing another in fear of imminent serious bodily injury.

(2) "Child" means an unmarried person who is under 18 years of age.

(3) "Family or household members" means any of the following:

(a) Spouses.

(b) Former spouses.

(d) Persons who are cohabiting or who have cohabited with each other.

(e) Persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing by one of them of a petition under ORS 107.710.

(f) Unmarried parents of a child.

(4) "Interfere" means to interpose in a manner that would reasonably be expected to hinder or impede a person in the petitioner's situation.

(5) "Intimidate" means to act in a manner that would reasonably be expected to threaten a person in the petitioner's situation, thereby compelling or deterring conduct on the part of the person.

(6) "Menace" means to act in a manner that would reasonably be expected to threaten a person in the petitioner's situation.

(7) "Molest" means to act, with hostile intent or injurious effect, in a manner that would reasonably be expected to annoy, disturb or persecute a person in the petitioner's position.

Approved by the Governor July 12, 1999

Filed in the office of Secretary of State July 12, 1999

Effective date October 23, 1999

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