Chapter 0536

Chapter 536 Oregon Laws 2005

AN ACT

SB 424

Relating to restraining orders issued under Family Abuse Prevention Act; creating new provisions; and amending ORS 107.105, 107.716, 107.718, 107.721, 107.722, 107.725 and 107.730.

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

SECTION 1. ORS 107.716 is amended to read:

107.716. (1) If the respondent requests a hearing pursuant to ORS 107.718 [(8)] (10), the court shall hold the hearing within 21 days [following] after the request[, and may cancel or change any order issued under ORS 107.718]. However, if the respondent contests the order granting temporary child custody to the petitioner, the court shall hold the hearing within five days after the request.

(2)(a) If the court determines under ORS 107.718 (2) that exceptional circumstances exist that affect the custody of a child, the court shall hold a hearing within 14 days after issuance of the restraining order. The clerk of the court shall provide a notice of the hearing along with the petition and order to the petitioner and, in accordance with ORS 107.718 (8), to the county sheriff for service on the respondent.

(b) The respondent may request an earlier hearing, to be held within five days after the request. The hearing request form shall be available from the clerk of the court and shall be substantially in the form provided in ORS 107.718 (7). If the respondent requests an earlier hearing, the clerk of the court shall notify the parties of the scheduled hearing date by mailing a notice of the time and place of hearing to the addresses provided in the petition or, for the respondent, to the address provided in the request for hearing, or as otherwise designated by a party.

(c) When the court schedules a hearing under this subsection, the respondent may not request a hearing under ORS 107.718 (10).

[(2)] (3) [In addition to the relief available under ORS 107.718, the court,] In a hearing held pursuant to subsection (1) or (2) of this section, the court may cancel or change any order issued under ORS 107.718 and may assess against either party a reasonable attorney fee and such costs as may be incurred in the proceeding.

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

(4)(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing held pursuant to ORS 107.718 (2) or (10), the court may extend the date of the hearing for up to five days so that the party may seek representation.

(b) If one party is represented by an attorney at a hearing held pursuant to ORS 107.718 (2) or (10), the court may extend the date of the hearing for up to five days at the other party’s request so that the other party may seek representation.

[(4)] (5) 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.

______________________________________________________________________________

[(5)] (6) The court [shall have the further power to] may 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.

[(6)] (7) 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.

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

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

SECTION 2. ORS 107.718 is amended to read:

107.718. (1) When a person files a petition under ORS 107.710, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition, 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]:

(a) Except as provided in subsection (2) of this section, that temporary custody of the children of the parties be awarded to the petitioner or, at the request of the petitioner, to the respondent, subject to reasonable parenting time rights of the noncustodial parent, which the court shall order, unless such parenting time is not in the best interest of the child;

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

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

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

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

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

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

(h) Other relief that the court considers necessary to provide for the safety and welfare of the petitioner and the children in the custody of the petitioner including, but not limited to, emergency monetary assistance from the respondent; or

(i) That the respondent have no contact with the petitioner in person, by telephone or by mail except as described in parenting time ordered under this section.

(2) If the court determines that exceptional circumstances exist that affect the custody of a child, the court shall order the parties to appear and provide additional evidence at a hearing to determine temporary custody and resolve other contested issues. Pending the hearing, the court may make any orders regarding the child’s residence and the parties’ contact with the child that the court finds appropriate to provide for the child’s welfare and the safety of the parties. The court shall set a hearing time and date as provided in ORS 107.716 (2) and issue a notice of the hearing at the same time the court issues the restraining order.

(3) The court’s order under subsection (1) of this section is effective 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.

[(2)] (4) 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)] (5) 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)] (6) 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)] (7) 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 ___________, 2__. We were divorced on ___________, 2__.

__ 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____, 2__.

__ D. Respondent and I lived together from____, 2__, to________, 2__.

__ 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________, 2__, to________, 2__.

Respondent lived more than 100 miles from my home from________, 2__, to________, 2__.

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 _________, 2___.

________________________________

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

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 ORS 109.701 to 109.834 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

ORS 109.741 (1)(a).

b. No other state has home state jurisdiction under ORS 109.741 ___

(1)(a); 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 ORS 109.741 (1)(b).

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

ORS 109.741 (1)(a), or significant connections grounds under ORS 109.741

(1)(b), have declined to exercise jurisdiction under ORS 109.741 (1)(c).

d. No court of any other state has jurisdiction under ORS 109.741 ___

(1)(a), (b) or (c).

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 ORS 109.751.

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); or[, 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 ORS 109.701 to

109.834. The custody and parenting time provisions in this order

shall become a final determination for purposes of ORS 109.701 to

109.834 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 current or subsequent residence. ___

[ ] Petitioner’s business or place of employment. ___

[ ] Petitioner’s school. ___

[ ] Other locations. ___

[ ] The area surrounding petitioner’s current ___

or subsequent residence or petitioner’s

school, business, place of employment

or other named premises described as

follows (specifically describe area):

______________________________________

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

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

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

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

attempting to enter:

[ ] The premises of the children’s day care provider. ___

[ ] The children’s school. ___

[ ] 6. Respondent shall move from and not return to the re- ___

sidence located at ________ except with a

peace officer in order to remove essential personal

effects of the respondent, and if the respondent

is the legal custodian, essential personal effects

of respondent’s children, including, but not

limited to: clothing, toiletries, diapers, medica-

tions, Social Security cards, birth certificates,

identification and tools of the trade.

[ ] 7. A peace officer shall accompany the petitioner to the ___

parties’ residence in order to remove essential personal

effects of petitioner, and if the petitioner is the legal

custodian, essential personal effects of the petitioner’s

children, including, but not limited to: clothing,

toiletries, diapers, medications, Social Security cards,

birth certificates, identification and tools of the trade.

[ ] 8. Petitioner is awarded custody of the following children ___

of the parties, subject to the parenting time terms set

forth below.

Name: __________________________

Age: _____________________

Name: __________________________

Age: _____________________

[ ] 9. Respondent is awarded custody of the following child- ___

ren of the parties, subject to the parenting time terms set

forth below.

Name: __________________________

Age: _____________________

Name: __________________________

Age: _____________________

[ ] 10. A peace officer of the county or city in which the child- ___

ren are located shall assist in recovering the custody of

the children of the above parties whose custody has been

awarded to petitioner. The peace officer is authorized to

use any reasonable force necessary to that end.

[ ] 11. Other relief:___________________________________ ___

_____________________________________________

[ ] 12. Petitioner and respondent shall appear at a hearing ___

to be held at a time and place shown in the attached

Notice of Hearing. The purpose of the hearing is to

consider the temporary custody of the parties’

children and other relief that may be contested.

[ ] 13. Pending the hearing to be held pursuant to paragraph ___

12 above, if temporary custody of the children is not

awarded to the petitioner under ORS 107.718 (1)(a), the

residence of the children and parental access to the

children is as follows with respect to the following

children (include the children’s names and dates of birth):

____________________________________

The order contained in this paragraph expires at the

hearing.

[ ] 14. The child custody provisions of this order conflict ___

with the child custody provisions of a preexisting order

or judgment issued pursuant to ORS 107.095 (1)(b),

107.105, 107.135, 109.103 or 109.155. The child custody

provisions of this order remain in effect until___,

or until another order is issued in the preexisting

case, whichever occurs first.

[ ] 15. The child custody provisions of this order conflict ___

with the child custody provisions of a preexisting order

or judgment issued by another jurisdiction. The child

custody provisions of this order remain in effect for

one year or until another order is issued in the

preexisting case, whichever occurs first.

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.] 16. NO PARENTING TIME due to________ ___

_____________________

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

Supervised by:

As follows:

(day of week, location, times)

[ ] [14.] 18. Once per week on ______ (day) from___ ___

a.m./p.m. to ___ a.m./p.m.

[ ] [15.] 19. 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.] 20. 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.] 21. OTHER PARENTING TIME AS FOLLOWS: ___

_____________________

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

including the days or hours of parenting time, shall be

arranged through____________.

[ ] [19.] 23. 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 DRIVEWAY 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.] 24. 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__________, 2__.

______________________________

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____, 2__, I served the Restraining Order to Prevent Abuse, [and] the Petition for Restraining Order to Prevent Abuse and, if applicable, the Notice of Hearing 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 __________, 2__.

________________________________

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 __________, 2__.

______________________________

NOTARY PUBLIC FOR OREGON

My Commission Expires: __________

IT IS SO ORDERED this __ day of _________, 2_.

______________________________

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 A NOTICE OF HEARING IS ATTACHED TO THE RESTRAINING ORDER, YOU ARE REQUIRED TO APPEAR AT A HEARING AT THE TIME AND PLACE SPECIFIED IN THE NOTICE. THE PURPOSE OF THE HEARING IS TO CONSIDER TEMPORARY CUSTODY OF YOUR CHILD OR CHILDREN AND OTHER MATTERS. IF YOU WANT AN EARLIER HEARING DATE THAN THE DATE SPECIFIED IN THE NOTICE, YOU MUST COMPLETE THE REQUEST FOR HEARING FORM BELOW AND MAIL OR DELIVER IT TO:

____________________________________________________________________________

IF NO NOTICE OF HEARING IS ATTACHED TO THE RESTRAINING ORDER ANDYOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER, YOU MUST COMPLETE [THIS] THE REQUEST FOR HEARING FORM BELOW AND MAIL OR DELIVER IT TO:

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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 CHILD CUSTODY [IF YOU ARE CONTESTING A CUSTODY PROVISION] (NOT PARENTING TIME) IS AT ISSUE.

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.] IF YOU DO NOT APPEAR AT THE HEARING, THE RESTRAINING ORDER MAY BE UPHELD AND ALL MATTERS COULD BE DECIDED AGAINST YOU.

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.

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REQUEST FOR HEARING

1. 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 ______________________

2. [ ] If I have checked this box, a Notice of Hearing is attached to the Restraining Order, setting a hearing for (specify date and time) ____________. However, I believe exceptional circumstances affect my child or children and require an earlier hearing. I request an earlier date for a hearing, to be held within five days after the date I file this request with the court. I understand that this earlier hearing date must be before the date specified in the Notice of Hearing.

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: ______________________

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SIGNATURE OF RESPONDENT

___________________________

ADDRESS

___________________________

TELEPHONE NUMBER

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[(6)] (8) 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. When the order does not contain the respondent’s date of birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall verify the respondent’s date of birth with the respondent and shall record that date on the order or proof of service entered into the Law Enforcement Data System under ORS 107.720.

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

[(7)] (9) 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)] (10)(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)] (7) of this section.

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

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

[(9)] (11) 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 3. ORS 107.722 is amended to read:

107.722. (1) The provisions of an order or judgment, or of a modification to an order or judgment, issued under ORS 107.095 (1)(b), 107.105, 107.135, 109.103 or 109.155 supersede contrary provisions of a preexisting order issued under ORS 107.700 to 107.732, except that an order issued under ORS 107.095 (1)(b) [shall only supersede] supersedes a preexisting order issued under ORS 107.700 to 107.732 only if the party requesting temporary relief consolidates the subsequently filed matter with the preexisting matter filed under ORS 107.700 to 107.732 and provides the nonmoving party with notice and an opportunity for a hearing.

(2)(a) In a proceeding under ORS 107.700 to 107.732, the court may modify the custody or parenting time provisions of a preexisting order or judgment issued under ORS 107.095 (1)(b), 107.105, 107.135, 109.103 or 109.155, or a similar order or judgment issued by the tribunal of another jurisdiction, if necessary to protect the safety and welfare of the child or the petitioner.

(b) If the court, in an order issued under ORS 107.700 to 107.732, modifies the custody provisions of a preexisting order or judgment issued under ORS 107.095 (1)(b), 107.105, 107.135, 109.103 or 109.155, the court shall specify in the order issued under ORS 107.700 to 107.732 a period that the court considers adequate under the circumstances within which the party seeking relief may obtain a modification of the preexisting order or judgment under controlling law. Upon the expiration of the period specified by the court, if a modification of the preexisting order or judgment has not been obtained, the custody and parenting time provisions of the order issued under ORS 107.700 to 107.732 expire and the custody and parenting time provisions of the preexisting order or judgment become immediately effective.

(c) If the court, in an order issued under ORS 107.700 to 107.732, modifies the custody provisions of a preexisting order or judgment issued by the tribunal of another jurisdiction, ORS 109.701 to 109.834 apply.

SECTION 4. Sections 5 and 6 of this 2005 Act are added to and made a part of ORS 107.700 to 107.732.

SECTION 5. The Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834, applies to proceedings under ORS 107.700 to 107.732.

SECTION 6. The State Court Administrator shall:

(1) Track the number of hearings that are scheduled or requested each year under ORS 107.716 (2) or 107.718 (2).

(2) In accordance with ORS 3.438 (4)(a)(B), develop training information and materials concerning the issues and hearings under ORS 107.716 (2) or 107.718 (2) related to temporary custody of children. The training information and materials are for use by courts, state agencies, legal services providers and others as determined by the State Court Administrator.

SECTION 7. ORS 107.105 is amended to read:

107.105. (1) Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment:

(a) For the future care and custody, by one party or jointly, of all minor children of the parties born, adopted or conceived during the marriage, and for minor children born to the parties prior to the marriage, as the court may deem just and proper under ORS 107.137. The court may hold a hearing to decide the custody issue prior to any other issues. When appropriate, the court shall recognize the value of close contact with both parents and encourage joint parental custody and joint responsibility for the welfare of the children.

(b) For parenting time rights of the parent not having custody of such children, and for visitation rights pursuant to a petition filed under ORS 109.119. When a parenting plan has been developed as required by ORS 107.102, the court shall review the parenting plan and, if approved, incorporate the parenting plan into the court’s final order. When incorporated into a final order, the parenting plan is determinative of parenting time rights. If the parents have been unable to develop a parenting plan or if either of the parents requests the court to develop a detailed parenting plan, the court shall develop the parenting plan in the best interest of the child, ensuring the noncustodial parent sufficient access to the child to provide for appropriate quality parenting time and assuring the safety of the parties, if implicated. The court may deny parenting time to the noncustodial parent under this subsection only if the court finds that parenting time would endanger the health or safety of the child. The court shall recognize the value of close contact with both parents and encourage, when practicable, joint responsibility for the welfare of such children and extensive contact between the minor children of the divided marriage and the parties. If the court awards parenting time to a noncustodial parent who has committed abuse, the court shall make adequate provision for the safety of the child and the other parent in accordance with the provisions of ORS 107.718 [(4)] (6).

(c) For the support of the children of the marriage by the parties. In ordering child support, the formula established by ORS 25.270 to 25.287 shall apply. The court may at any time require an accounting from the custodial parent with reference to the use of the money received as child support. The court is not required to order support for any minor child who has become self-supporting, emancipated or married, or who has ceased to attend school after becoming 18 years of age.

(d) For spousal support, an amount of money for a period of time as may be just and equitable for one party to contribute to the other, in gross or in installments or both. The court may approve an agreement for the entry of an order for the support of a party. In making the spousal support order, the court shall designate one or more categories of spousal support and shall make findings of the relevant factors in the decision. The court may order:

(A) Transitional spousal support as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement therein. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:

(i) The duration of the marriage;

(ii) A party’s training and employment skills;

(iii) A party’s work experience;

(iv) The financial needs and resources of each party;

(v) The tax consequences to each party;

(vi) A party’s custodial and child support responsibilities; and

(vii) Any other factors the court deems just and equitable.

(B) Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances. The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:

(i) The amount, duration and nature of the contribution;

(ii) The duration of the marriage;

(iii) The relative earning capacity of the parties;

(iv) The extent to which the marital estate has already benefited from the contribution;

(v) The tax consequences to each party; and

(vi) Any other factors the court deems just and equitable.

(C) Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:

(i) The duration of the marriage;

(ii) The age of the parties;

(iii) The health of the parties, including their physical, mental and emotional condition;

(iv) The standard of living established during the marriage;

(v) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;

(vi) A party’s training and employment skills;

(vii) A party’s work experience;

(viii) The financial needs and resources of each party;

(ix) The tax consequences to each party;

(x) A party’s custodial and child support responsibilities; and

(xi) Any other factors the court deems just and equitable.

(e) For the delivery to one party of such party’s personal property in the possession or control of the other at the time of the giving of the judgment.

(f) For the division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all the circumstances. A retirement plan or pension or an interest therein shall be considered as property. The court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. Subsequent to the filing of a petition for annulment or dissolution of marriage or separation, the rights of the parties in the marital assets shall be considered a species of coownership, and a transfer of marital assets under a judgment of annulment or dissolution of marriage or of separation entered on or after October 4, 1977, shall be considered a partitioning of jointly owned property. The court shall require full disclosure of all assets by the parties in arriving at a just property division. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties. If a spouse has been awarded spousal support in lieu of a share of property, the court shall so state on the record, and shall order the obligor to provide for and maintain life insurance in an amount commensurate with the obligation and designating the obligee as beneficiary for the duration of the obligation. If the obligor dies prior to the termination of such support and such insurance is not in force, the court may modify the method of payment of spousal support under the judgment or order of support from installments to a lump sum payment to the obligee from the estate of the obligor in an amount commensurate with the present value of the spousal support at the time of death. The obligee or attorney of the obligee shall cause a certified copy of the judgment to be delivered to the life insurance company or companies. If the obligee or the attorney of the obligee delivers a true copy of the judgment to the life insurance company or companies, identifying the policies involved and requesting such notification under this section, the company or companies shall notify the obligee, as beneficiary of the insurance policy, whenever the policyholder takes any action that will change the beneficiary or reduce the benefits of the policy. Either party may request notification by the insurer when premium payments have not been made. If the obligor is ordered to provide for and maintain life insurance, the obligor shall provide to the obligee a true copy of the policy. The obligor shall also provide to the obligee written notice of any action that will reduce the benefits or change the designation of the beneficiaries under the policy.

(g) For the creation of trusts as follows:

(A) For the appointment of one or more trustees to hold, control and manage for the benefit of the children of the parties, of the marriage or otherwise, such of the real or personal property of either or both of the parties, as the court may order to be allocated or appropriated to their support and welfare; and to collect, receive, expend, manage or invest any sum of money awarded for the support and welfare of minor children of the parties.

(B) For the appointment of one or more trustees to hold, manage and control such amount of money or such real or personal property of either or both of the parties, as may be set aside, allocated or appropriated for the support of a party.

(C) For the establishment of the terms of the trust and provisions for the disposition or distribution of such money or property to or between the parties, their successors, heirs and assigns after the purpose of the trust has been accomplished. Upon petition of a party or a person having an interest in the trust showing a change of circumstances warranting a change in the terms of the trust, the court may make and direct reasonable modifications in its terms.

(h) To change the name of either spouse to a name the spouse held before the marriage. The court shall order a change if it is requested by the affected party.

(i) For a money award for any sums of money found to be then remaining unpaid upon any order or limited judgment entered under ORS 107.095. If a limited judgment was entered under ORS 107.095, the limited judgment shall continue to be enforceable for any amounts not paid under the limited judgment unless those amounts are included in the money award made by the general judgment.

(j) For an award of reasonable attorney fees in favor of a party or in favor of a party’s attorney.

(2) In determining the proper amount of support and the proper division of property under subsection (1)(c), (d) and (f) of this section, the court may consider evidence of the tax consequences on the parties of its proposed judgment.

(3) Upon the filing of the judgment, the property division ordered shall be deemed effective for all purposes. This transfer by judgment, which shall effect solely owned property transferred to the other spouse as well as commonly owned property in the same manner as would a declaration of a resulting trust in favor of the spouse to whom the property is awarded, shall not be deemed a taxable sale or exchange.

(4) If an appeal is taken from a judgment of annulment or dissolution of marriage or of separation or from any part of a judgment rendered in pursuance of the provisions of ORS 107.005 to 107.086, 107.095, 107.105, 107.115 to 107.174, 107.405, 107.425, 107.445 to 107.520, 107.540 and 107.610, the court rendering the judgment may provide in a supplemental judgment for any relief provided for in ORS 107.095 and shall provide that the relief granted in the judgment is to be in effect only during the pendency of the appeal. A supplemental judgment under this subsection may be enforced as provided in ORS 33.015 to 33.155 and ORS chapter 18. A supplemental judgment under this subsection may be appealed in the same manner as provided for supplemental judgments modifying a domestic relations judgment under ORS 19.275.

(5) If an appeal is taken from the judgment or other appealable order in a suit for annulment or dissolution of a marriage or for separation, and the appellate court awards costs and disbursements to a party, it may also award to that party, as part of the costs, such additional sum of money as it may adjudge reasonable as an attorney fee on the appeal.

(6) If, as a result of a suit for the annulment or dissolution of a marriage or for separation, the parties to such suit become owners of an undivided interest in any real or personal property, or both, either party may maintain supplemental proceedings by filing a petition in such suit for the partition of such real or personal property, or both, within two years from the entry of the judgment, showing among other things that the original parties to the judgment and their joint or several creditors having a lien upon any such real or personal property, if any there be, constitute the sole and only necessary parties to such supplemental proceedings. The procedure in the supplemental proceedings, so far as applicable, shall be the procedure provided in ORS 105.405, for the partition of real property, and the court granting the judgment shall have in the first instance and retain jurisdiction in equity therefor.

SECTION 8. ORS 107.721 is amended to read:

107.721. If the court does not award parenting time under ORS 107.718 to the parent who committed abuse, the petitioner may move to a residence more than 60 miles from the other parent without giving notice to the other parent of the change of residence. However, the petitioner shall give to the clerk of the court information sufficient to allow notification under ORS 107.718 [(8)] (10).

SECTION 9. 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)] (5) and 107.718 [(6) to (8)] (8) to (10) 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.

SECTION 10. 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)] (10)(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)] (5) apply to a modification of an order under this section.

Approved by the Governor July 15, 2005

Filed in the office of Secretary of State July 15, 2005

Effective date January 1, 2006

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