Session Law
AN ACT
HB 2464
Relating to victimization of
persons with disabilities; amending ORS 14.070, 107.500, 107.710, 124.005,
124.010, 124.020, 124.040, 133.055 and 135.703.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 124.005 is amended to read:
124.005. As used in ORS 124.005 to 124.040:
(1) "Abuse" means one or more of the following:
(a) Any physical injury caused by other than accidental means,
or that appears to be at variance with the explanation given of the injury.
(b) Neglect that leads to physical harm through withholding of
services necessary to maintain health and well-being.
(c) Abandonment, including desertion or willful forsaking of an
elderly or disabled person or the
withdrawal or neglect of duties and obligations owed an elderly or disabled person by a caregiver or
other person.
(d) Willful infliction of physical pain or injury.
(e) Use of derogatory or inappropriate names, phrases or
profanity, ridicule, harassment, coercion, threats, cursing, intimidation or
inappropriate sexual comments of such a nature as to threaten significant
physical or emotional harm to the elderly or
disabled person.
(2) "Disabled
person":
(a) Has the meaning given
that term in ORS 410.040 (4) if the person meets a criterion listed in ORS
410.040 (4)(b); or
(b) Means a person described
in ORS 410.715.
[(2)] (3) "Elderly person" means
any person 65 years of age or older who is not subject to the provisions of ORS
441.640 to 441.665.
[(3)] (4) "Interfere" means to
interpose in a way that hinders or impedes.
[(4)] (5) "Intimidate" means to
compel or deter conduct by a threat.
[(5)] (6) "Menace" means to act in
a threatening manner.
[(6)] (7) "Molest" means to annoy,
disturb or persecute with hostile intent or injurious effect.
SECTION 2.
ORS 124.010 is amended to read:
124.010. (1) Any elderly or
disabled person who has been the victim of abuse within the preceding 180
days may petition the circuit court for relief under ORS 124.005 to 124.040, if
the elderly or disabled person is in
immediate and present danger of further abuse from the abuser. The elderly or disabled person may seek relief by
filing a petition with the circuit court alleging that the elderly or disabled person is in immediate and
present danger of further abuse from the respondent, alleging that the elderly or disabled person has been the victim
of abuse committed by the respondent within the 180 days preceding the filing
of the petition and describing the nature of the abuse and the approximate
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 124.005 to 124.040.
(2) An elderly or
disabled person's right to petition for relief under ORS 124.005 to 124.040
shall not be affected by the fact that the elderly or disabled person has left the residence or household to avoid
abuse.
(3) A petition filed under ORS 124.005 to 124.040 shall
disclose the existence of any [Elder] Elderly and Disabled Person Abuse
Prevention Act proceedings, Abuse Prevention Act proceedings, or any marital
annulment, dissolution or separation proceedings, pending between the parties.
(4) Upon the filing of a petition under ORS 124.005 to 124.040,
the clerk of the court shall give the elderly or disabled person information provided by the Senior and Disabled
Services Division of the Department of Human Resources about local adult
protective services, domestic violence shelters and local legal services
available.
(5) For purposes of computing the 180-day period in this
section and ORS 124.020, 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 3.
ORS 124.020 is amended to read:
124.020. (1) When an elderly or disabled person files a petition under ORS 124.010, 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, whichever is sooner:
(a) That the respondent be required to move from the
petitioner's residence, if in the sole name of the petitioner or if jointly
owned or rented by the petitioner and the respondent, or if the parties are
married to each other;
(b) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal effects of the
party;
(c) That the respondent be restrained from abusing,
intimidating, molesting, interfering with or menacing the petitioner, or
attempting to abuse, intimidate, molest, interfere with or menace the
petitioner;
(d) That the respondent be restrained from entering, or
attempting to enter, on any premises when it appears to the court that such
restraint is necessary to prevent the respondent from abusing, intimidating,
molesting, interfering with or menacing the petitioner; or
(e) Other relief that the court considers necessary to provide
for the safety and welfare of the petitioner.
(2) The showing required under subsection (1) of this section
may be made by testimony of:
(a) The petitioner;
(b) Witnesses to the abuse; or
(c) Adult protective services workers who have conducted an
investigation.
(3) Immediate and present danger under this section includes
but is not limited to situations in which the respondent has recently
threatened the petitioner with additional abuse.
(4) An instruction brochure shall be available from the clerk
of the court explaining the rights set forth under ORS 124.005 to 124.040. 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
vs. ) [ELDER]
ABUSE OF
) ELDERLY OR DISABLED
) PERSON
)
_____, ) 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 65 years of age or
older. I am _____ years of age.
1. CHECK AND FILL OUT THE SECTION(S) that apply to you and
respondent:
__ A. Respondent and I have
been living together since ______, 19___.
__ B. Respondent and I lived
together from ______, 19___, to ______, 19___.
__ C. I have been under the
care of respondent since ______, 19___.
__ D. I was under the care of
respondent from ______, 19___, to ______,
19___.
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 physical
injury by other than accidental means.
__ B. Attempted to cause me
physical injury by other than accidental means.
__ C. Placed me in fear of
immediate serious physical injury.
__ D. Caused me physical harm by withholding services necessary to
maintain my health and well-being.
__ E. Abandoned or deserted me by withdrawing or neglecting to perform duties and obligations.
__ F. Used derogatory or inappropriate names, phrases or profanity,
ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate
sexual comments of such a nature as to place me in fear of significant physical
or emotional harm.
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 injure or
threaten to injure you?
________________
________________
________________
5. Are there incidents other than those described in question 4 above, in which respondent injured or threatened to injure you? If yes, explain:
________________
________________
________________
6. The abuse I am complaining about was witnessed by _______ (affidavit attached). Other persons with knowledge of the abuse are _______ (affidavit attached).
7. I am in immediate and present danger of further abuse by
respondent because:
________________
________________
________________
8. 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:
________________
________________
9. A. There (is) (is not) another [Elder] Elderly and Disabled Person Abuse
Prevention Act or Abuse Prevention Act proceeding 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 or legal separation.
If yes, type of lawsuit: ___________
It is filed in ______ (County), ______ (State).
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 ______
Hair Color ______
PETITIONER (you) _________
Sex ____ *Telephone # ______
*Residence Address _________
City/State/Zip ___________
County ___________
Birthdate ______ Age ____
Race ______
Height ______ Weight ______
Eye Color ______
Hair 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 )
(your name) ) RESTRAINING ORDER
) 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 124.005;
__ The abuse of petitioner by respondent occurred within the last 180
days as
provided in ORS 124.010;
__ There is an immediate and present danger of further abuse to
petitioner.
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
entering, or ____
attempting
to enter:
(Include
names and address unless withheld for safety reasons.)
[ ] Petitioner's residence. ____
[ ] Petitioner's business or place of
employment. ____
[ ] Petitioner's school.
____
[ ] Other locations.
____
[ ] 3. Respondent is restrained (prohibited) from:
[ ] Contacting, or attempting to contact,
petitioner by telephone. ____
[ ] Contacting, or attempting to contact,
petitioner by mail. ____
[ ] 4. 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, including, but not
limited
to: clothing, toiletries, medications,
social
security cards, birth certificates,
identification
and tools of the trade.
[ ] 5. A peace officer shall accompany the
petitioner to the ____
parties'
residence in order to remove essential personal
effects
of petitioner, including, but not limited to:
clothing,
toiletries, medications, social security cards,
birth
certificates, identification and tools of the trade.
[ ] 6. Other relief: -________________
____
_____________________
_____________________
[ ] 7. 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 EVER 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 [Elder] Abuse of Elderly or Disabled Person 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
Petitioner, ) ([Elder] Elderly
) and Disabled Person
) Abuse Prevention Act)
)
and ) NO. ____
)
_____, )
(D.O.B. ____) )
Respondent. )
THIS
FORM MUST BE
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. 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. 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.
___________________________________________________________________
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.
__ 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
___________________________________________________________________
(5) 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 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 124.030.
(c) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS 124.005 to 124.040.
(6) 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.
(7)(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 (4) 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 and may include testimony from
witnesses to the abuse and adult protective services workers. The hearing may be
held in person or by telephone. If the respondent seeks to raise an issue at
the hearing not previously raised in the request for hearing form, the
petitioner shall be entitled to a reasonable continuance for the purpose of
preparing a response to the issue.
(d) The court shall exercise its discretion in a manner that
protects the petitioner from traumatic confrontation with the respondent.
SECTION 4.
ORS 124.040 is amended to read:
124.040. ORS 124.005 to 124.040 shall be known and may be cited
as the "[Elder] Elderly and Disabled Person Abuse
Prevention Act."
SECTION 5.
ORS 14.070 is amended to read:
14.070. Any of the following suits or proceedings shall be
commenced and tried in a county in this state in which one of the parties to
the suit or proceeding resides:
(1) A suit for the annulment or dissolution of the marriage
contract, or for marital separation.
(2) A Family Abuse Prevention Act proceeding under ORS 107.700
to 107.732.
(3) An [Elder] Elderly and Disabled Person Abuse
Prevention Act proceeding under ORS 124.005 to 124.035.
SECTION 6.
ORS 107.500 is amended to read:
107.500. Each circuit court shall make available with
appropriate forms an instructional brochure prescribed by the State Court
Administrator and describing the procedures set forth in ORS 107.485 to
107.500. The content of the forms used pursuant to ORS 107.485 to 107.500 shall
be substantially as follows:
___________________________________________________________________
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _______
In the Matter of )
the Marriage of )
) No._______
_______, )
Petitioner, ) PETITION FOR
) SUMMARY
) DISSOLUTION
and ) OF MARRIAGE
)
_______, )
Respondent. )
)
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. Wife's social security number:
________________________________
h. Husband's address:
________________________________
i. Husband's former legal names:
________________________________
j. Husband's age:
________________________________
k. Husband's social security number:
________________________________
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:
Name of Creditor Amount Owed
______________ ___________
______________ ___________
______________ ___________
______________ ___________
(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:
Name of Creditor Amount Owed
______________ ___________
______________ ___________
______________ ___________
______________ ___________
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 107.732 (the Family Abuse Prevention Act) or 124.005
to 124.040 (the [Elder] Elderly and Disabled Person 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
_________________________
_________________________
(Petitioner's signature)
Address:
_________________________
_________________________
_________________________
Telephone:________________
___________________________________________________________________
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _______
In the Matter of )
the Marriage of )
) No._______
_______, )
Petitioner, ) SUMMONS FOR SUMMARY
) DISSOLUTION
) Marriage Dissolution Suit
and )
)
_______, )
Respondent. )
)
TO: Name of Respondent
_______________
Address of Respondent
_______________
___________, Oregon
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.
_____________
Name of Petitioner
_____________
Address of Petitioner
_____________
City/State/Zip Code
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 _______
In the Matter of )
the Marriage of )
) No._______
_______, )
Petitioner, ) AFFIDAVIT OF PROOF
) OF SERVICE
)
and )
)
_______, )
Respondent. )
)
STATE OF OREGON )
) ss.
County of )
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
______, 19__, 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 ______,
19__.
_____________________________
NOTARY
PUBLIC FOR OREGON
My
Commission Expires: ____
___________________________________________________________________
IN
THE CIRCUIT COURT OF
THE
STATE OF OREGON FOR
THE
COUNTY OF _______
In the Matter of )
the Marriage of )
) No._______
_______, )
Petitioner, ) MOTION AND ORDER FOR
) WAIVER OF FEES
)
and )
)
_______, )
Respondent. )
)
Petitioner moves the Court for an order waiving payment of
filing fees, service fees, and other costs.
___________
Petitioner
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 ____, 19__.
___________
COURT
___________________________________________________________________
IN
THE CIRCUIT COURT OF
THE
STATE OF OREGON FOR
THE
COUNTY OF _______
In the Matter of )
the Marriage of )
) No._______
_______, )
Petitioner, ) AFFIDAVIT FOR
) WAIVER OF
and ) FEES AND COSTS
)
_______, )
Respondent. )
)
STATE OF OREGON )
) ss.
County of )
I, _______________ being first duly sworn upon oath, depose and
declare that I am the petitioner for a Decree 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 ______,
19__.
_____________________________
NOTARY
PUBLIC FOR OREGON
My
Commission Expires: ____
___________________________________________________________________
IN
THE CIRCUIT COURT OF
THE
STATE OF OREGON FOR
THE
COUNTY OF _______
In the Matter of )
the Marriage of )
) No._______
_______, )
Petitioner, ) PETITIONER'S
) AFFIDAVIT, MOTION
) AND ORDER FOR
and ) DEFAULT DECREE
) OF DISSOLUTION
)
_______, )
Respondent. )
)
STATE OF OREGON )
) ss.
County of )
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 ______, 19__, in ______ County, Oregon, and has
failed to answer or appear.
________________________
Signature
of ______________
SUBSCRIBED AND SWORN TO before me this ____ day of ______,
19__.
_____________________________
NOTARY
PUBLIC FOR OREGON
My
Commission Expires: ____
Petitioner moves the Court for an Order entering the default of
Respondent.
_____________
Petitioner
_____________
Address of Petitioner
_____________
City, State Zip
ORDER
IT IS SO ORDERED.
DATED: This ___ day of ____, 19__.
______________________
CIRCUIT
COURT JUDGE
___________________________________________________________________
IN
THE CIRCUIT COURT OF
THE
STATE OF OREGON FOR
THE
COUNTY OF _______
In the Matter of )
the Marriage of )
) No._______
_______, )
Petitioner, ) DECREE OF SUMMARY
) DISSOLUTION
)
and )
)
_______, )
Respondent. )
)
)
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. Wife's social security number:
________________________________
h. Husband's address:
________________________________
i. Husband's former legal names:
________________________________
j. Husband's age:
________________________________
k. Husband's social security number:
________________________________
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 THEREFORE IT IS HEREBY DECREED
THAT:
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 Decree
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:
Name of Creditor Amount Owed
______________ ___________
______________ ___________
______________ ___________
______________ ___________
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:
Name of Creditor Amount Owed
______________ ___________
______________ ___________
______________ ___________
______________ ___________
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 ____, 19__.
______________________
CIRCUIT
COURT JUDGE
___________________________________________________________________
SECTION 7.
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) 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) A petition filed under ORS 107.700 to 107.732 shall
disclose the existence of any custody, Family Abuse Prevention Act or [Elder] Elderly and Disabled Person 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) 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;
(c) The name and address of the party or other responsible
person with whom the child is presently residing;
(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) 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 8.
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 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, 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;
(C) Whether any alleged crime was committed in self-defense;
and
(D) The potential for future assaults.
(3) Whenever any peace officer has reason to believe that a
family or household member has been abused as defined in ORS 107.705 or that an
elderly or disabled 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 directing the party not granted custody to pay support of minor
children, or for support of the other party if that party has a legal
obligation to do so.
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.
For further information you may contact: ____."
___________________________________________________________________
SECTION 9.
ORS 135.703 is amended to read:
135.703. (1) When a defendant is charged with a crime
punishable as a misdemeanor for which the person injured by the act constituting
the crime has a remedy by a civil action, the crime may be compromised, as
provided in ORS 135.705, except when it was committed:
(a) By or upon a peace officer while in the execution of the
duties of office;
(b) Riotously;
(c) With an intent to commit a crime punishable only as a
felony; or
(d) By one family or household member upon another family or
household member, as defined in ORS 107.705, or by a person upon an elderly or disabled person as defined in ORS
124.005 and the crime was:
(A) Assault in the fourth degree under ORS 163.160;
(B) Assault in the third degree under ORS 163.165;
(C) Menacing under ORS 163.190;
(D) Recklessly endangering another person under ORS 163.195; or
(E) Harassment under ORS 166.065.
(2) Notwithstanding subsection (1) of this section, when a
defendant is charged with violating ORS 811.700, the crime may be compromised
as provided in ORS 135.705.
Approved by the Governor
July 15, 1999
Filed in the office of
Secretary of State July 15, 1999
Effective date October 23,
1999
__________