Chapter 1052 Oregon Laws 1999

Session Law

AN ACT

SB 318

Relating to protective orders; amending ORS 21.410, 30.866, 107.095, 107.705, 107.710, 107.716, 107.718, 107.720, 107.725, 107.730, 124.010, 163.735, 163.738, 163.741, 166.291 and 166.293; and repealing sections 51 and 51a, chapter 649, Oregon Laws 1999 (Enrolled Senate Bill 789).

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

SECTION 1. ORS 107.720 is amended to read:

107.720. (1)(a) Whenever a restraining order, as authorized by ORS 107.095 (1)(c) or (d), 107.716 or 107.718 which includes a security amount and an expiration date pursuant to ORS 107.095, 107.716 or 107.718 and this section, is issued and the person to be restrained has actual notice thereof, the clerk of the court or any other person serving the petition and order shall deliver forthwith to a county sheriff a true copy of the affidavit of proof of service on which it is stated that personal service of the petition and order was served on the respondent, a copy of the petition and a true copy of the order. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service of the order is waived and an accompanying proof of service is not necessary. Upon receipt of a true copy of proof of service, when required, and a true copy of the order, the county sheriff shall forthwith enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice. The sheriff shall also provide the petitioner with a true copy of the proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of such order. Law enforcement agencies shall establish procedures adequate to [insure] ensure that an officer at the scene of an alleged violation of such order may be informed of the existence and terms of such order. Such order shall be fully enforceable in any county or tribal land in the state. The petitioner may elect to deliver documents personally to a county sheriff or to have them delivered by a private person for entry into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice.

(b) When a restraining order has been entered into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice under paragraph (a) of this subsection, a county sheriff shall cooperate with a request from a law enforcement agency from any other jurisdiction to verify the existence of the restraining order or to transmit a copy of the order to the requesting jurisdiction.

(2)(a) A restraining order shall remain in effect until the order expires or is terminated by court order.

(b) When a restraining order has been entered under ORS 107.718, the restraining order shall not be terminated upon a motion for dismissal by the petitioner unless the motion is notarized.

(3) In any situation where a restraining order described in subsection (1) of this section is terminated before the expiration date, the clerk of the court shall deliver forthwith a true copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of such termination order the county sheriff shall promptly remove the original order from the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice.

(4) Pending a contempt hearing for alleged violation of a restraining order issued pursuant to ORS 107.095 (1)(c) or (d), 107.716 or 107.718, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Whenever such restraining order is issued, the issuing court shall set a security amount for the violation of such order.

SECTION 2. ORS 163.738 is amended to read:

163.738. (1)(a) A citation shall notify the respondent of a circuit court hearing where the respondent shall appear at the place and time set forth in the citation. The citation shall contain:

(A) The name of the court at which the respondent is to appear;

(B) The name of the respondent;

(D) The date, time and place at which the citation was issued;

(E) The name of the law enforcement officer who issued the citation;

(F) The time, date and place at which the respondent is to appear in court; [and]

(G) Notice to the respondent that failure to appear at the time, date and place set forth in the citation shall result in the respondent's arrest and entry of a court's stalking protective order[.]; and

(H) Notice to the respondent of potential liability under federal law for the possession or purchase of firearms or firearm ammunition and for other acts prohibited by 18 U.S.C. 2261 to 2262.

(b) The officer shall notify the petitioner in writing of the place and time set for the hearing.

(2)(a) The hearing shall be held as indicated in the citation. At the hearing, the petitioner may appear in person or by telephonic appearance. The respondent shall be given the opportunity to show cause why a court's stalking protective order should not be entered. The hearing may be continued for up to 30 days. The court may enter:

(A) A temporary stalking protective order pending further proceedings; or

(B) A court's stalking protective order if the court finds by a preponderance of the evidence that:

(i) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person;

(ii) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and

(iii) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.

(b) In the order, the court shall specify the conduct from which the respondent is to refrain, which may include all contact listed in ORS 163.730 and any attempt to make contact listed in ORS 163.730. The order is of unlimited duration unless limited by law. If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent's ability to possess firearms and ammunition or engage in activities involving firearms.

(3) The circuit court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

[(3)] (4) If the respondent fails to appear at the time, date and place specified in the citation, the circuit court shall issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent at court and shall enter a court's stalking protective order.

[(4)] (5) The circuit court may also order the respondent to undergo mental health evaluation and, if indicated by the evaluation, treatment. If the respondent is without sufficient resources to obtain the evaluation or treatment, or both, the court shall refer the respondent to the mental health agency designated by the community mental health director for evaluation or treatment, or both.

[(5)] (6) If the circuit court, the mental health evaluator or any other persons have probable cause to believe that the respondent is dangerous to self or others or is unable to provide for basic personal needs, the court shall initiate commitment procedures as provided in ORS 426.070 or 426.180.

[(6)] (7) A law enforcement officer shall report the results of any investigation arising from a complaint under ORS 163.744 to the district attorney within three days after presentation of the complaint.

SECTION 3. ORS 163.741 is amended to read:

163.741. (1) Whenever a stalking protective order, as authorized by ORS 163.735 or 163.738, is issued and the person to be restrained has actual notice thereof, the person serving the order shall deliver forthwith to the county sheriff a true copy of the order and an affidavit of proof of service on which it is stated that personal service of the order was made on the respondent. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service of the order is waived and accompanying proof of service is not necessary. Upon receipt of proof of service, when required, and a true copy of the order, the county sheriff shall forthwith enter the order into the Law Enforcement Data System maintained by the [Oregon] Department of [Administrative Services] State Police and into the databases of the National Crime Information Center of the United States Department of Justice. The sheriff shall also provide the complainant with a true copy of the proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of such order. Law enforcement agencies shall establish procedures adequate to [insure] ensure that an officer at the scene of an alleged violation of such order may be informed of the existence and terms of such order. Such order shall be fully enforceable in any county in the state. The complainant may elect to deliver documents personally to a county sheriff or to have them delivered by a private person for entry into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice.

(2) When a stalking protective order has been entered into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice under subsection (1) of this section, a county sheriff shall cooperate with a request from a law enforcement agency from any other jurisdiction to verify the existence of the stalking protective order or to transmit a copy of the order to the requesting jurisdiction.

(3) When a stalking protective order described in subsection (1) of this section is terminated by order of the court, the clerk of the court shall deliver forthwith a true copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice.

SECTION 4. ORS 30.866 is amended to read:

30.866. (1) A person may bring a civil action in a circuit court for a court's stalking protective order or for damages, or both, against a person if:

(a) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person;

(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.

(2) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court's stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730. The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.

(3)(a) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court's stalking protective order and take other action as provided in ORS 163.738.

(b) If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent in court.

(4) The plaintiff may recover:

(a) Both special and general damages, including damages for emotional distress;

(b) Punitive damages; and

(5) The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

[(5)] (6) An action under this section must be commenced within two years of the conduct giving rise to the claim.

[(6)] (7) Proof of the claim shall be by a preponderance of the evidence.

[(7)] (8) The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.

[(8)] (9) No filing fee, service fee or hearing fee shall be charged for a proceeding under this section if a court's stalking order is the only relief sought.

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

(11) ORS 163.741 applies to protective orders issued under this section.

SECTION 5. ORS 107.095, as amended by section 41, chapter 704, Oregon Laws 1997, is amended to read:

107.095. (1) After the commencement of a suit for marital annulment, dissolution or separation and until a decree therein, the court may provide as follows:

(a) That a party pay to the clerk of the court such amount of money as may be necessary to enable the other party to prosecute or defend the suit, including costs of expert witnesses, and also such amount of money to the Department of Justice, court clerk or court administrator, whichever is appropriate, as may be necessary to support and maintain the other party.

(b) For the care, custody, support and maintenance, by one party or jointly, of the minor children as described in ORS 107.105 (1)(a) and for the parenting time rights as described in ORS 107.105 (1)(b) of the parent not having custody of such children.

(d) That if minor children reside in the family home and the court considers it necessary for their best interest to do so, the court may require either party to move out of the home for such period of time and under such conditions as the court may determine, whether the home is rented, owned or being purchased by one party or both parties.

(e) Restraining and enjoining either party or both from encumbering or disposing of any of their property, real or personal, except as ordered by the court.

(f) For the temporary use, possession and control of the real or personal property of the parties or either of them and the payment of installment liens and encumbrances thereon.

(g) That even if no minor children reside in the family home, the court may require one party to move out of the home for such period of time and under such conditions as the court determines, whether the home is rented, owned or being purchased by one party or both parties if that party assaults or threatens to assault the other.

(2) In case default is made in the payment of any moneys falling due under the terms of an order pending suit, any such delinquent amount shall be entered and docketed as a judgment, and execution or garnishment may issue thereon to enforce payment thereof in the same manner and with like effect as upon a final decree. The remedy provided in this subsection shall be deemed cumulative and not exclusive.

(3) The court shall not require an undertaking in case of the issuance of an order under subsection (1)(c), (d), (e), (f) or (g) of this section.

(4) In a suit for annulment or dissolution of marriage or for separation, wherein the parties are copetitioners or the respondent is found by the court to be in default or where respondent having appeared has waived further appearance, the court may, when the cause is otherwise ready for hearing on the merits, in lieu of such hearing, enter a decree of annulment or dissolution or for separation based upon a current affidavit of the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If child support or custody of minor children is involved, then the affidavit also shall include:

(a) The gross monthly income of each party, to the best of the affiant's knowledge; and

(b) The name of the party with whom the children currently reside and the length of time they have so resided.

(5) When a court orders relief under subsection (1)(c) or (d) of this section, the court may include in its order an expiration date for the order to allow entry of the order into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice as provided in ORS 107.720. If the person being restrained was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) or (g)(8) to affect the person's ability to possess firearms and ammunition or engage in activities involving firearms.

SECTION 6. ORS 166.291 is amended to read:

166.291. (1) The sheriff of a county, upon a person's application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

(a)(A) Is a citizen of the United States; or

(B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the Immigration and Naturalization Service the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;

(b) Is at least 21 years of age;

(d) Has no outstanding warrants for arrest;

(e) Is not free on any form of pretrial release;

(f) Demonstrates competence with a handgun by any one of the following:

(A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;

(B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;

(C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;

(D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;

(E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;

(F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or

(G) Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;

(g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

(h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor within the four years prior to the application;

(i) Has not been committed to the Mental Health and Developmental Disability Services Division under ORS 426.130;

(j) Has not been found to be mentally ill and is not subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; [and]

(k) Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

(L) Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.732 or 163.738.

(2) A person who has been granted relief under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or has had the person's record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (k) of this section.

(3) Before the sheriff may issue a license:

(a) The application must state the applicant's legal name, current address and telephone number, date and place of birth, hair and eye color and height and weight. The application must also list the applicant's residence address or addresses for the previous three years. The application must contain a statement by the applicant that the applicant meets the requirements of subsection (1)[(a) to (k)] of this section. The application may include the social security number of the applicant if the applicant voluntarily provides this number. The application must be signed by the applicant.

(b) The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff shall fingerprint and photograph the applicant and shall conduct any investigation necessary to corroborate the requirements listed under subsection (1) of this section.

(4) Application forms for concealed handgun licenses shall be supplied by the sheriff upon request. The forms shall be uniform throughout the state in substantially the following form:

_______________________________________________________________________________

APPLICATION FOR LICENSE TO CARRY CONCEALED HANDGUN

Date______________

I hereby declare as follows:

I am a citizen of the United States or a legal resident alien who can document continuous residency in the county for at least six months and have declared in writing to the Immigration and Naturalization Service my intention to become a citizen and can present proof of the written declaration to the sheriff at the time of this application. I am at least 21 years of age. I have been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, I was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470. I have never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony in the State of Oregon or elsewhere. I have not, within the last four years, been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor. There are no outstanding warrants for my arrest and I am not free on any form of pretrial release. I have not been committed to the Mental Health and Developmental Disability Services Division under ORS 426.130, nor have I been found mentally ill and presently subject to an order prohibiting me from purchasing or possessing a firearm because of mental illness. If any of the previous conditions do apply to me, I have been granted relief or wish to petition for relief from the disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or have had the records expunged. I am not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.732 or 163.738. I understand I will be fingerprinted and photographed.

Age ______________ Date of birth ______________

Place of birth ______________________

Social Security Number ______________

(Disclosure of your social security account number is voluntary. Solicitation of the number is authorized under ORS 166.291. It will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are required, one of which must bear a photograph of the applicant. Type of identification and number on identification to be filled in by sheriff):

1. ______________

2. ______________

Height ______________Weight ______________

Current address ______________

(List residence addresses for

the past three years on back)

City ______________ County ______________ Zip ______________

Phone ______________

I have read the entire text of this application, and the statements therein are correct and true. (Making false statements on this application is a misdemeanor.)

______________

(Signature of Applicant)

Character references.

__________________________________________

Name Address

__________________________________________

Name Address

Approved ______________ Disapproved ______________ by ______________

Competence with handgun demonstrated

by ______________ (to be filled in by sheriff)

Date ______________ Fee Paid ______________

License No. ______________

_______________________________________________________________________________

(5)(a) Fees for concealed handgun licenses are:

(A) $15 to the Department of State Police for conducting the fingerprint check of the applicant.

(B) $50 to the sheriff for the issuance or renewal of a concealed handgun license.

(b) The sheriff may enter into an agreement with the Department of Transportation to produce the concealed handgun license.

(6) No civil or criminal liability shall attach to the sheriff or any authorized representative engaged in the receipt and review of, or an investigation connected with, any application for, or in the issuance, denial or revocation of, any license under ORS 166.291 to 166.295 as a result of the lawful performance of duties under those sections.

(7) Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant's name into the Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or is a license holder.

(8) The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need.

SECTION 7. ORS 166.293 is amended to read:

166.293. (1) If the application for the concealed handgun license is denied, the sheriff shall set forth in writing the reasons for the denial. The denial shall be sent to the applicant by certified mail, restricted delivery, within 45 days after the application was made. If no decision is issued within 45 days, the person may seek review under the procedures in subsection (5) of this section.

(2) Notwithstanding ORS 166.291 (1), and subject to review as provided in subsection (5) of this section, a sheriff may deny a concealed handgun license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant's mental or psychological state, as demonstrated by past pattern of behavior or participation in incidents involving unlawful violence or threats of unlawful violence.

(3)(a) Any act or condition that would prevent the issuance of a license under ORS 166.291 to 166.293 is cause for revoking a concealed handgun license.

[(b) Violation of a condition of an order under ORS 30.866, 107.700 to 107.732, 163.735 or 163.738 by a licensee subject to the order is cause for revoking a concealed handgun license.]

[(c)] (b) A sheriff may revoke a license by serving upon the licensee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the licensee. The revocation is effective upon the licensee's receipt of the notice.

(4) Any peace officer or corrections officer may seize a concealed handgun license and return it to the issuing sheriff when the license is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a concealed handgun license. The issuing sheriff shall hold the license for 30 days. If the person is not charged with a crime within the 30 days, the sheriff shall return the license unless the sheriff revokes the license as provided in subsection (3) of this section.

(5) A person denied a concealed handgun license or whose license is revoked or not renewed under ORS 166.291 to 166.295 may petition the circuit court in the petitioner's county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of denial or revocation.

(6) The judgment affirming or overturning the sheriff's decision shall be based solely on whether the petitioner meets the criteria that are used for issuance of the license under ORS 166.291 to 166.293. Whenever the petitioner has been previously sentenced for a crime under ORS 161.610 or for a crime of violence for which the person could have received a sentence of more than 10 years, the court shall only grant relief if the court finds that relief should be granted in the interest of justice.

(7) Notwithstanding the provisions of ORS 9.320, a corporation, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.

(8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as practicable thereafter.

(9) Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing fee shall be paid by the respondent to the petitioner and may be incorporated into the court order.

(10) Initial appeals of petitions shall be heard de novo.

(11) Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other civil action.

(12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.

SECTION 8. ORS 21.410 is amended to read:

21.410. (1) The sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the office of the sheriff:

(a) For serving summons, subpoena, citation, order, notice or similar documents, including small claims or writ of execution, directed to not more than two different parties at the same address, not less than $20 and not more than $25; otherwise not less than $20 and not more than $25 for each party for which service is requested. The fee authorized by this paragraph shall not be charged to the state in civil actions, suits and proceedings where one party is an indigent person who has been appointed counsel at state expense.

(b) For serving notice of seizure and sale of personal or real property, notice of restitution, or other seizure under writ of attachment or execution, or other process or proceeding, $20.

(c) For seizure and sale of personal or real property, enforcement of writ of execution of judgment of restitution, or other enforcement or seizure under writ of attachment or execution, or other process or proceeding, $47, and, in addition, such sums as may be reasonable and necessary to secure each keeper or custodian of property in custody, the expense of inventory of property in custody and expense incurred in newspaper advertising required by law in the execution of process.

(d) For making a conveyance of real property sold on any process, $15, to be paid by, or for, the grantee.

(e) For making a copy of any process, order, notice or other instrument in writing, when necessary to complete the service thereof, for each folio, $3; but no charge shall be made for copy of complaint or other paper not actually made by the sheriff.

(f) For entering and processing distraint warrants for state agencies, $6.25 each.

(2) Persons other than a sheriff serving process and other documents may charge any fee agreed to between the server and the person requesting service.

(3) Fees collected for service by the sheriff shall be retained for the benefit of the county where the party to be served cannot be found.

(4) No mileage or commission shall be collected by a sheriff for service of any document or process but in any service involving travel in excess of 75 miles round trip an additional fee not to exceed $25 may be billed and collected by a sheriff. Mileage shall be measured from the location at which the service is made to the circuit court in that county.

(5) Amounts paid for service of process and other documents may be recovered as costs and disbursements to the extent provided by ORS 20.115.

(6) A sheriff may not collect a fee under this section for serving a foreign restraining order or an order that only grants relief under ORS 107.095 (1)(c).

[(6)] (7) As used in this section: [,]

(a) "Folio" means 100 words, counting two figures as one word. Any portion of a folio, when the whole paper contains less than a folio, or when such portion is an excess over the last folio, shall be deemed a folio.

(b) "Foreign restraining order" has the meaning given that term in ORS 24.185.

SECTION 9. 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] imminent danger of further abuse to the petitioner and that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner's child, the court shall, if requested by the petitioner, order, 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 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.

(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] Imminent 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] imminent bodily injury.

__ D. Caused me to engage in involuntary sexual relations by force or

threat of force.

3. Any period of time after the abuse occurred during which respondent was

incarcerated (in jail or prison) or lived more than 100 miles from your home

is not counted as part of the 180-day period, and you may still be eligible for

a restraining order.

Respondent was incarcerated from _________, 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] imminent 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 __ ___ ___ ___

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. THIS ORDER IS ENFORCEABLE IN EVERY STATE. REVIEW THIS ORDER CAREFULLY. EACH PROVISION MUST BE OBEYED. SEE YOUR RIGHTS TO A HEARING.

The Court, having reviewed the petition, makes the following findings:

Judge's Initials

Petitioner and respondent are related as follows (check all that apply):

__ Petitioner and respondent are spouses.

__ Petitioner and respondent are former spouses.

__ Petitioner and respondent are adult persons related by blood, marriage

or adoption.

__ Petitioner and respondent are cohabiting or have cohabited with each

other.

__ Petitioner and respondent have been involved in a sexually intimate

relationship with each other within the last two years.

__ Petitioner and respondent are unmarried parents of a child.

__ Petitioner is a minor and has been involved in a sexually intimate

relationship with respondent who is 18 years of age or older.

Additional findings:

__ 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;

__ Respondent represents a credible threat to the physical safety of

petitioner or petitioner's child and there is an [immediate and present]

imminent 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 residence. ____

[ ] Petitioner's business or place of employment. ____

[ ] Petitioner's school. ____

[ ] Other locations. ____

[ ] The area surrounding petitioner's residence, 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 OR EXTENDED. 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.]

IF YOU DO NOT REQUEST A HEARING WITHIN THE TIME ALLOWED BY LAW, THIS RESTRAINING ORDER WILL BE CONFIRMED BY OPERATION OF LAW. THAT MEANS THAT THIS RESTRAINING ORDER WILL CONTINUE IN EFFECT AS ISSUED BECAUSE YOU HAVE BEEN GIVEN BUT HAVE NOT EXERCISED YOUR RIGHTS TO REQUEST AND PARTICIPATE IN A HEARING. OREGON LAW CONSIDERS THIS CONFIRMATION SUFFICIENT TO MEET THE REQUIREMENTS OF FEDERAL LAW THAT MAY PROHIBIT YOU FROM POSSESSING A FIREARM OR FIREARM AMMUNITION WHILE THIS RESTRAINING ORDER IS IN EFFECT.

KEEP IN MIND THAT THE RESTRAINING ORDER YOU HAVE RECEIVED IS IN EFFECT AND REMAINS IN EFFECT UNTIL THE COURT THAT ISSUED THE ORDER MODIFIES IT OR DISMISSES IT OR UNTIL IT EXPIRES. THE ORDER MAY ALSO BE RENEWED UPON A FINDING THAT A PERSON IN THE PETITIONER'S SITUATION WOULD REASONABLY FEAR FURTHER ACTS OF ABUSE BY YOU IF THE ORDER IS NOT RENEWED. IF YOU ARE ARRESTED FOR VIOLATING THIS ORDER, THE SECURITY AMOUNT (BAIL) IS $5,000, UNLESS A DIFFERENT AMOUNT IS ORDERED BY THE COURT.

This restraining order, or any order continuing or changing this order, is enforceable in every county in Oregon. It is also enforceable in all 50 states, the District of Columbia, tribal lands and territories of the United States.

Violation of this restraining order, or any order continuing or changing this order, constitutes contempt of court, punishable by a fine of up to $500 or one percent of your annual gross income, whichever is greater, or a jail term of up to six months, or both. Other sanctions may also be imposed for contempt.

While this order, or any order continuing or changing this order, is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to violate this order and then violating this order.

Causing the petitioner to cross state lines or tribal land lines for your purpose of violating the order.

Possessing, receiving, shipping or transporting any firearm or firearm ammunition.

Whether or not a restraining order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to injure the petitioner and then intentionally committing a crime of violence causing bodily injury to the petitioner.

Causing the petitioner to travel across state lines or tribal land lines if your intent is to cause bodily injury to the petitioner or if the travel results in your causing bodily injury to the petitioner.

_______________________________________________________________________________

REQUEST FOR HEARING

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. In addition and upon request by the petitioner, the clerk shall provide the petitioner, without charge, two exemplified copies of the petition and order.

(b) The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 107.720.

(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, the petitioner shall be entitled to a reasonable continuance for the purpose of preparing a response to the issue.

(9) If the respondent fails to request a hearing within 30 days after a restraining order is served, the restraining order is confirmed by operation of law. The provisions of this section are sufficient to meet the due process requirements of 18 U.S.C. 922(g) in that the respondent received actual notice of the right to request a hearing and the opportunity to participate at the hearing but the respondent failed to exercise those rights.

SECTION 9a. Sections 51 and 51a (both amending ORS 107.718), chapter 649, Oregon Laws 1999 (Enrolled Senate Bill 789), are repealed and ORS 107.718, as amended by section 9 of this 1999 Act, is amended to read:

107.718. (1) When a person files a petition under ORS 107.710, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition, that there is an imminent danger of further abuse to the petitioner and that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner's child, the court shall, if requested by the petitioner, order, 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:

(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;

(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.

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

(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.

(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.

_______________________________________________________________________________

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 imminent bodily injury.

__ D. Caused me to engage in involuntary sexual relations by force or

threat of force.

3. Any period of time after the abuse occurred during which respondent was

incarcerated (in jail or prison) or lived more than 100 miles from your home

is not counted as part of the 180-day period, and you may still be eligible for

a restraining order.

Respondent was incarcerated from _________, 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 imminent 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 __ ___ ___ ___

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. THIS ORDER IS ENFORCEABLE IN EVERY STATE. REVIEW THIS ORDER CAREFULLY. EACH PROVISION MUST BE OBEYED. SEE YOUR RIGHTS TO A HEARING.

The Court, having reviewed the petition, makes the following findings:

[Judge's Initials

Petitioner and respondent are related as follows (check all that apply):

__ Petitioner and respondent are spouses.

__ Petitioner and respondent are former spouses.

__ Petitioner and respondent are adult persons related by blood, marriage or

adoption.

__ Petitioner and respondent are cohabiting or have cohabited with each

other.

__ Petitioner and respondent have been involved in a sexually intimate

relationship with each other within the last two years.

__ Petitioner and respondent are unmarried parents of a child.

__ Petitioner is a minor and has been involved in a sexually intimate

relationship with respondent who is 18 years of age or older.

Additional findings:

__ 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;

__ Respondent represents a credible threat to the physical safety of petitioner

or petitioner's child and there is an imminent danger of further abuse to

petitioner;

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).]

Judge's Initials

1. Petitioner and respondent are related as follows (check all that apply):

A. Petitioner and respondent are spouses. ____

B. Petitioner and respondent are former spouses. ____

C. Petitioner and respondent are adult persons related by blood, ____

marriage or adoption.

D. Petitioner and respondent are cohabiting or have cohabited ____

with each other.

E. Petitioner and respondent have been involved in a sexually ____

intimate relationship with each other within the last two years.

F. Petitioner and respondent are unmarried parents of a child. ____

G. Petitioner is a minor and has been involved in a sexually ____

intimate relationship with respondent who is 18 years of age or older.

2. Additional findings:

A. Petitioner has been abused by respondent as defined by ____

ORS 107.705. ____

B. The abuse of petitioner by respondent occurred within the last ____

180 days as provided in ORS 107.710.

C. Respondent represents a credible threat to the physical safety ____

of petitioner or petitioner's child and there is an imminent danger

of further abuse to petitioner.

D. If there are children, Oregon has jurisdiction over the issue of the ____

custody of the children under sections 1 to 41, chapter 649, Oregon

Laws 1999 (Enrolled Senate Bill 789), on the following grounds:

a. Oregon is the home state of the child on the date this proceeding ____

was commenced; or

Oregon was the home state within six months before this ____

proceeding was commenced and the child is absent from the

state, but a parent or person acting as a parent continues to live

in Oregon under section 13 (1)(a), chapter 649, Oregon Laws 1999

(Enrolled Senate Bill 789).

b. No other state has home state jurisdiction under section 13 (1)(a), ____

chapter 649, Oregon Laws 1999 (Enrolled Senate Bill 789); or

The home state of the child _________ (name) ____

has declined jurisdiction and the child's parents have, or one of

the child's parents or a person acting as a parent has, a significant

connection with Oregon and substantial evidence is available here

concerning the child's care, protection, training and personal

relationships under section 13 (1)(b), chapter 649, Oregon Laws

1999 (Enrolled Senate Bill 789).

c. All courts having jurisdiction under home state grounds under ____

section 13 (1)(a), chapter 649, Oregon Laws 1999 (Enrolled Senate

Bill 789), or significant connections grounds under section 13 (1)(b),

chapter 649, Oregon Laws 1999 (Enrolled Senate Bill 789), have

declined to exercise jurisdiction under section 13 (1)(c), chapter 649,

Oregon Laws 1999 (Enrolled Senate Bill 789).

d. No court of any other state has jurisdiction under section 13 (1)(a), ____

(b) or (c), chapter 649, Oregon Laws 1999 (Enrolled Senate Bill 789).

e. Emergency grounds exist for the exercise of temporary emergency ____

jurisdiction because the child is present in this state and has

been abandoned; or

Emergency grounds exist for the exercise of temporary emergency ____

jurisdiction because it is necessary to protect the child because the

child, or a sibling or parent of the child, is subjected to or

threatened with mistreatment or abuse under section 16, chapter 649,

Oregon Laws 1999 (Enrolled Senate Bill 789).

f. Because a previous child custody, parenting time, guardianship ____

or juvenile dependency determination has been made in

_________ (State/Tribe/Country), the custody

and parenting time provisions in this order remain in effect for

one year or until _________ (State/Tribe/Country)

issues an order, whichever occurs first;

Because a child custody, parenting time, guardianship or juvenile ____

dependency proceeding has been commenced in _________

(State/Tribe/Country), the custody and parenting time provisions

in this order remain in effect for one year or until

_________ (State/Tribe/Country) issues an order,

whichever occurs first; or

No child custody, parenting time, guardianship or juvenile ____

dependency determination has been issued or proceeding

commenced in another state, tribe or country having jurisdiction

under sections 1 to 41, chapter 649, Oregon Laws 1999 (Enrolled

Senate Bill 789). The custody and parenting time provisions in this

order shall become a final determination for purposes of sections 1

to 41, chapter 649, Oregon Laws 1999 (Enrolled Senate Bill 789), if

Oregon becomes the home state of the child.

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 residence. ____

[ ] Petitioner's business or place of employment. ____

[ ] Petitioner's school. ____

[ ] Other locations. ____

[ ] The area surrounding petitioner's residence, 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 ____ )

______________

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 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, CHANGED OR EXTENDED. THE ONLY PURPOSE OF THIS HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT'S ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.

While this order, or any order continuing or changing this order, is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to violate this order and then violating this order.

Causing the petitioner to cross state lines or tribal land lines for your purpose of violating the order.

Possessing, receiving, shipping or transporting any firearm or firearm ammunition.

Whether or not a restraining order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to injure the petitioner and then intentionally committing a crime of violence causing bodily injury to the petitioner.

_______________________________________________________________________________

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:

(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:

SECTION 10. ORS 163.735 is amended to read:

163.735. (1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days and show cause why the court should not enter a court's stalking protective order when the officer has probable cause to believe that:

(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.

(2) The Department of State Police shall develop and distribute a form for the citation. The form shall be uniform throughout the state and shall contain substantially the following in addition to any other material added by the department:

_______________________________________________________________________________

OFFICER:______________

AGENCY:______________

PETITIONER:_____________

PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:__________

RESPONDENT:____________

On behalf of petitioner, I affirm that I am a law enforcement officer in the State of Oregon.

You, the respondent, must appear at ___________ (name and location of court at which respondent is to appear) on ______ (date and time respondent is to appear in court). At this hearing, you must be prepared to establish why the court should not enter a court's stalking protective order which shall be for an unlimited duration unless limited by law or court order. If you fail to appear at this hearing, the court shall immediately issue a warrant for your arrest and shall enter a court's stalking protective order.

If the court issues a stalking protective order at this hearing, and while the protective order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to violate this order and then violating this order.

Causing the person protected by the order, if the person is your spouse or intimate partner, to cross state lines or tribal land lines for your purpose of violating the order.

Possessing, receiving, shipping or transporting any firearm or firearm ammunition.

Whether or not a stalking protective order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to injure or harass another person and during, or because of, that travel placing that person in reasonable fear of death or serious bodily injury to that person or to a member of that person's immediate family.

Traveling across state lines or tribal land lines with the intent to injure your spouse or intimate partner and then intentionally committing a crime of violence causing bodily injury to that person.

Causing your spouse or intimate partner to travel across state lines or tribal land lines if your intent is to cause bodily injury to that person or if the travel results in your causing bodily injury to that person.

It has been alleged that you have alarmed or coerced the petitioner, or person to be protected if other than the petitioner. If you engage in contact that alarms or coerces the petitioner, or person to be protected if other than the petitioner, in violation of ORS 163.732, you may be arrested for the crime of stalking.

Date: ______ Time: ______

Signed: __________________

(Respondent)

Signed: __________________

(Law enforcement officer).

_______________________________________________________________________________

SECTION 11. ORS 124.010 is amended to read:

124.010. (1) Any elderly 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 person is in immediate and present danger of further abuse from the abuser. The elderly person may seek relief by filing a petition with the circuit court alleging that the elderly person is in immediate and present danger of further abuse from the respondent, alleging that the elderly 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) The petitioner has the burden of proving a claim under ORS 124.005 to 124.040 by a preponderance of the evidence.

[(2)] (3) An elderly person's right to petition for relief under ORS 124.005 to 124.040 shall not be affected by the fact that the elderly person has left the residence or household to avoid abuse.

[(3)] (4) A petition filed under ORS 124.005 to 124.040 shall disclose the existence of any Elder Abuse Prevention Act proceedings, Abuse Prevention Act proceedings, or any marital annulment, dissolution or separation proceedings, pending between the parties.

[(4)] (5) Upon the filing of a petition under ORS 124.005 to 124.040, the clerk of the court shall give the elderly 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)] (6) 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 12. 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.

SECTION 13. 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] imminent 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] imminent 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 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;

(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 14. 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 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.

(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) If the court continues the order, with or without changes, at a hearing about which the respondent received actual notice and the opportunity to participate, the court shall include in the order a certificate in substantially the following form in a separate section immediately above the signature of the judge:

_______________________________________________________________________________

CERTIFICATE OF COMPLIANCE

WITH THE VIOLENCE

AGAINST WOMEN ACT

This protective order meets all full faith and credit requirements of the Violence Against Women Act, 18 U.S.C. 2265 (1994). This court has jurisdiction over the parties and the subject matter. The respondent was afforded notice and timely opportunity to be heard as provided by the law of this jurisdiction. This order is valid and entitled to enforcement in this and all other jurisdictions.

_______________________________________________________________________________

[(4)] (5) 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)] (6) 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)] (7) No undertaking shall be required in any proceeding under ORS 107.700 to 107.732.

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

SECTION 15. ORS 107.725 is amended to read:

107.725. The court may renew an order entered under ORS 107.716 or 107.718 upon a finding that a person in the petitioner's situation would reasonably fear further acts of abuse by the respondent if the order is not renewed. A finding that there has been a further act of abuse is not required. A court may renew an order on the basis of a sworn, ex parte petition alleging facts supporting the required finding. If the renewal order is granted, the provisions of ORS 107.716 (4) and 107.718 (6) to (8) apply except that the court may hear no issue other than the basis for renewal unless requested in the hearing request form and thereafter agreed to by the petitioner. The court shall hold a hearing required under this section within 21 days after the respondent's request. The provisions of this section apply to any order entered under ORS 107.716 or 107.718 that is in effect on August 15, 1997.

SECTION 16. ORS 107.730 is amended to read:

107.730. (1) At any time after an order has been issued under ORS 107.700 to 107.732 and after the time period set forth in ORS 107.718 (8)(a), a party may request that the court modify terms in the order that provide for custody and parenting time.

(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 (4) apply to a modification of an order under this section.

Approved by the Governor September 1, 1999

Filed in the office of the Secretary of State September 1, 1999

Effective date October 23, 1999

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