Chapter 11
AN ACT
SB 269
Relating to forms used in domestic relations actions; amending ORS
107.097, 107.139, 107.485, 107.490, 107.500, 107.716, 107.718 and 107.835.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 107.097 is amended to read:
107.097. (1) Except as
otherwise provided in subsection (3) of this section, a court may not enter ex
parte a temporary order under ORS 107.095, 109.103 or 109.119 providing for the
custody of, or parenting time with, a child.
(2)(a) A party may apply
to a court for a temporary protective order of restraint by filing with the
court an affidavit conforming to the requirements of ORS 109.767.
(b) Upon receipt of an
application under this subsection, the court may issue a temporary protective
order of restraint restraining and enjoining each party from:
(A) Changing the child’s
usual place of residence;
(B) Interfering with the
present placement and daily schedule of the child;
(C) Hiding or secreting
the child from the other party;
(D) Interfering with the
other party’s usual contact and parenting time with the child;
(E) Leaving the state
with the child without the written permission of the other party or the
permission of the court; or
(F) In any manner
disturbing the current schedule and daily routine of the child until custody or
parenting time has been determined.
(c) A copy of the order
and the supporting affidavit must be served on the other party in the manner of
service of a summons under ORCP 7. The order must include the following
statement:
______________________________________________________________________________
Notice: You may request
a hearing on this order as long as it remains in effect by filing with the
court a [hearing request in the form
described in ORS 107.097 (5).] request for a hearing. In the request you
must tell the court and the other party that you object to the order and
specifically why you disagree with the representation of the status quo
described in the order. In the request you must also inform the court of your
telephone number or contact number and your current residence, mailing or
contact address.
______________________________________________________________________________
(3)(a) A court may enter
ex parte a temporary order providing for the custody of, or parenting time
with, a child if:
(A) The party requesting
an order is present in court and presents an affidavit alleging that the child
is in immediate danger; and
(B) The court finds,
based on the facts presented in the party’s testimony and affidavit and in the
testimony of the other party, if the other party is present, that the child is
in immediate danger.
(b) The party requesting
an order under this subsection shall provide the court with telephone numbers
where the party can be reached at any time during the day and a contact
address.
(c) A copy of the order
and the supporting affidavit must be served on the other party in the manner of
service of a summons under ORCP 7. The order must include the following
statement:
______________________________________________________________________________
Notice: You may request
a hearing on this order as long as it remains in effect by filing with the
court a [hearing request in the form
described in ORS 107.097 (5).] request for a hearing. In the request you
must tell the court and the other party that you object to the order on the
ground that the child was not in immediate danger at the time the order was
issued. In the request you must also inform the court of your telephone number
or contact number and your current residence, mailing or contact address.
______________________________________________________________________________
(4)(a) A party against
whom an order is entered under subsection (2) or (3) of this section may
request a hearing by filing with the court a hearing request [form described in subsection (5)] described
in subsection (2) or (3) of this section at any time while the order is in
effect.
(b) The court shall make
reasonable efforts to hold a hearing within 14 days and shall hold a hearing no
later than 21 days after receipt of the request for the hearing. The court
shall notify each party of the time, date and place of the hearing.
(c) An order issued
under subsection (2) or (3) of this section remains in effect through the date
of the hearing. If the party against whom the order was entered fails to appear
at the hearing without good cause, the court shall continue the order in
effect. If the party who obtained the order fails to appear at the hearing
without good cause, the court shall vacate the order.
(d) The issue at a
hearing to contest:
(A) A temporary
protective order of restraint is limited to a determination of the status quo
at the time the order was issued. If the child’s usual place of residence
cannot be determined, the court may make any further order the court finds
appropriate in the best interests of the child.
(B) A temporary order
for the custody of, or parenting time with, a child is limited to whether the
child was in immediate danger at the time the order was issued.
[(5) The hearing request form must be in substantially the following
form:]
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
FOR THE COUNTY OF ______
_____________, )
PETITIONER, ) NO.___
)
) REQUEST FOR
and ) HEARING
)
_____________, )
Respondent. )
I request a hearing.
___ I object to the Protective
Order of Restraint because I disagree with the representation of the status quo
in the following particulars:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
___ I object to the Temporary
Custody and Parenting Time Order on the ground that the child was not in
immediate danger at the time the order was issued.
____________
Signature
DATE:____________
ADDRESS:____________
____________
TELEPHONE:____________
[____________________________________________________________________________]
(5) The State Court
Administrator shall prescribe the content and form of a request for a hearing
described in subsections (2) and (3) of this section.
(6) As used in this
section:
(a) “Child’s usual place
of residence” has the meaning given that term in ORS 107.138.
(b) “Party’s usual
contact and parenting time,” “present placement and daily schedule of the child”
and “current schedule and daily routine of the child” have the meanings given “parent’s
usual contact and parenting time,” “present placement and daily schedule of the
child” and “current schedule and daily routine of the child” in ORS 107.138.
SECTION 2.
ORS 107.139 is amended to read:
107.139. (1)(a)
Following entry of a judgment, a court may enter ex parte a temporary order
providing for the custody of, or parenting time with, a child if:
(A) A parent of the
child is present in court and presents an affidavit alleging that the child is
in immediate danger;
(B) The parent has made
a good faith effort to confer with the other party regarding the purpose and
time of this court appearance; and
(C) The court finds by
clear and convincing evidence, based on the facts presented in the parent’s
testimony and affidavit and in the testimony of the other party, if the other
party is present, that the child is in immediate danger.
(b) The party requesting
an order under this subsection shall provide the court with telephone numbers
where the party can be reached at any time during the day and a contact
address.
(c) A copy of the order
and the supporting affidavit must be served on the other party in the manner of
service of a summons under ORCP 7. The order must include the following
statement:
______________________________________________________________________________
Notice: You may request
a hearing on this order as long as it remains in effect by filing with the
court a [hearing request in the form
described in ORS 107.139 (3).] request for a hearing. In the request you
must tell the court and the other party that you object to the order on the
ground that the child was not in immediate danger at the time the order was
issued. In the request you must also inform the court of your telephone number
or contact number and your current residence, mailing or contact address.
______________________________________________________________________________
(2)(a) A party against
whom an order is entered under subsection (1) of this section may request a
hearing by filing with the court a hearing request [form described in subsection (3) of this section] described in
subsection (1) of this section at any time while the order is in effect.
(b) The court shall hold
a hearing within 14 days after receipt of the request for the hearing. The
court shall notify each party of the time, date and place of the hearing.
(c) An order issued
under subsection (1) of this section remains in effect through the date of the
hearing. If the party against whom the order was entered fails to appear at the
hearing without good cause, the court shall continue the order in effect. If
the party who obtained the order fails to appear at the hearing without good
cause, the court shall vacate the order.
(d) The issue at a
hearing to contest a temporary order for the custody of, or parenting time
with, a child is limited to whether the child was in immediate danger at the
time the order was issued.
[(3) The hearing request form must be in substantially the following
form:]
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
FOR THE COUNTY OF ______
____________, )
Petitioner, ) NO.___
)
) REQUEST FOR HEARING
) ON TEMPORARY
and ) CUSTODY
AND
) PARENTING TIME
) ORDER
)
____________, )
Respondent. )
__ I request a hearing. I
object to the Temporary Custody and Parenting Time Order on the ground that the
child was not in immediate danger at the time the order was issued.
____________
Signature
Date: _____________
Address: _____________
____________________
Telephone: ____________
[____________________________________________________________________________]
(3) The State Court
Administrator shall prescribe the content and form of a request for a hearing
described in this section.
SECTION 3.
ORS 107.485 is amended to read:
107.485. A marriage may
be dissolved by the summary dissolution procedure specified in this section and
ORS 107.490 [and 107.500] when all of
the following conditions exist at the time the proceeding is commenced:
(1) The jurisdictional
requirements of ORS 107.025 and 107.075 are met.
(2) There are no minor
children born to the parties or adopted by the parties during the marriage.
There are no children over age 18 attending school, as described in ORS
107.108, either born to the parties or adopted by the parties during the
marriage. There are no minor children born to or adopted by the parties prior
to the marriage. The wife is not now pregnant.
(3) The marriage is not
more than 10 years in duration.
(4) Neither party has
any interest in real property wherever situated.
(5) There are no unpaid
obligations in excess of $15,000 incurred by either or both of the parties from
the date of the marriage.
(6) The total aggregate
fair market value of personal property assets in which either of the parties
has any interest, excluding all encumbrances, is less than $30,000.
(7) The petitioner
waives any right to spousal support.
(8) The petitioner
waives any rights to pendente lite orders except those pursuant to ORS 107.700
to 107.735 or 124.005 to 124.040.
(9) The petitioner knows
of no other pending domestic relations suits involving the marriage in this or
any other state.
SECTION 4.
ORS 107.490 is amended to read:
107.490. (1) A
proceeding for summary dissolution of the marriage shall be commenced by filing
in the circuit court a petition in the form prescribed by the State Court
Administrator under ORS 107.500. The petition shall be signed by the
petitioner and shall state that as of the date of the filing of the petition
each and every condition set forth in ORS 107.485 has been met. The court, upon
its own motion, may require a showing by appearance or affidavit of the petitioner.
(2) The petitioner shall
serve the respondent with a summons and a true copy of the petition in the
manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7
F.
(3) Within 30 days after
the date on which the respondent is served with the summons or, if service is
made by publication or posting under ORCP 7 D(6), within 30 days from the date
of last publication or posting, the respondent shall file with the court a
written answer to the petition or a motion, along with the required filing fee,
and proof of service of the answer or motion on the petitioner.
(4) If the respondent
fails to file a written answer or motion as required by this section or fails
to appear for a hearing in the proceeding, the court may find the respondent in
default, enter a judgment of summary dissolution and award costs to the
petitioner or the state if fees and costs were waived or deferred.
SECTION 5.
ORS 107.500 is amended to read:
107.500. (1) The
State Court Administrator shall prescribe the content of forms for use under
ORS 107.485 and 107.490, including forms related to the waiver or deferral of
fees and costs under ORS 21.605, and an instructional brochure describing the
procedures set forth in ORS 107.485 and 107.490.
(2) Each circuit court shall make available [with] the appropriate forms [an] and the instructional
brochure [prescribed by the State Court
Administrator and describing the procedures set forth in this section and ORS
107.485 and 107.490. The content of the forms used pursuant to this section and
ORS 107.485 and 107.490 shall be substantially as follows:] described in
subsection (1) of this section.
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.
______
____________, )
Petitioner, ) PETITION
FOR
) SUMMARY
) DISSOLUTION
and ) OF
MARRIAGE
)
_____________, )
Respondent. )
)
1. (________, Petitioner,) (________, Respondent,) has been a resident
of
2. Statistical Facts:
a. Date of marriage:
_______________
b. Place of marriage:
_______________
c. Wife’s address:
_______________
d. Wife’s maiden name:
_______________
e. Wife’s former legal names:
_______________
f. Wife’s age:
_______________
g. Husband’s address:
_______________
h. Husband’s former legal names:
_______________
i. Husband’s age:
_______________
3. My spouse and I have not been married more than 10 years.
4. Petitioner does not know of any pending (not yet decided by a judge)
domestic relations suits involving this marriage in this or any other state.
5. There are no minor children born to the parties or born during the
marriage. There are no adopted minor children. The wife is not now pregnant.
6. Petitioner requests a dissolution because irreconcilable differences
between the parties have caused the irremediable breakdown of the marriage.
7. The personal property of the parties is not worth more than $30,000.
Petitioner requests that the Court divide the property as follows:
(a) The wife should be awarded the following personal property:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Additional pages have been attached and labeled “7a. continued.”
(b) The husband should be awarded the following personal property:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Additional pages have been attached and labeled “7b. continued.”
(c) The husband and wife should each sign any documents necessary to
remove his or her name as owner of personal property awarded to the other
party.
8. Neither the husband nor the wife own any real property.
9. The debts incurred by the husband and wife together or separately
from the date of the marriage are not greater than $15,000.
Petitioner requests the following division of debts:
(a) The wife be required to pay the debts listed below. The husband is
awarded a judgment against the wife in the sum of $____. The wife can satisfy
this judgment by paying off the following debts:
Name of Creditor Amount Owed
________ _____
________ _____
________ _____
________ _____
(b) The husband be required to pay the debts listed below. The wife is
awarded a judgment against the husband in the sum of $____. The husband can
satisfy the judgment by paying off the following debts:
Name of Creditor Amount Owed
________ _____
________ _____
________ _____
________ _____
10. I relinquish all rights I may have to spousal support and waive any
right to pendente lite orders (temporary orders) except those pursuant to ORS
107.700 to 107.735 (the Family Abuse Prevention Act) or 124.005 to 124.040 (the
Elderly Persons and Persons With Disabilities Abuse Prevention Act).
(Complete only if petitioner is paying fees and wants reimbursement
from spouse or if fees are being deferred for the petitioner.)
11. (a) If petitioner has paid court costs and service fees, petitioner
requests that costs and fees paid by petitioner be repaid by respondent spouse,
_____, and that a judgment in the amount of such costs and fees be entered in
favor of petitioner, _____, in the amount of $____.
(b) If fees are being deferred for petitioner:
Petitioner requests that judgment be entered against
(________, Petitioner)
(________, Respondent) in favor
of the state in the amount of $____.
12. Petitioner requests that:
wife’s legal name be restored
to
______________
husband’s legal name be
restored to
______________
____________
(Petitioner’s signature)
Address:
____________
____________
____________
Telephone: __________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.
______
____________, )
Petitioner, ) SUMMONS
FOR SUMMARY
) DISSOLUTION
) Marriage
Dissolution Suit
and )
)
____________, )
Respondent. )
)
TO: Name of Respondent
______________
Address
of Respondent
______________
__________,
YOU HAVE BEEN SUED. The court may decide against you without your being
heard unless you respond within 30 days of the day you received these papers.
Read the information below.
NOTICE TO RESPONDENT:
READ THESE PAPERS CAREFULLY
Your spouse has filed a petition with the court to end your marriage
and asking to divide your property and debts, if any. You must “appear” in this
case or the court will grant your spouse’s requests. To “appear,” you must file
with the court a legal paper called a “motion” or “answer.” The “motion” or “answer”
must be given to the Court Clerk or Administrator at: (location) _________
within 30 days of the day you received these papers, along with the required
filing fee. The “motion” or “answer” must be in proper form and you must show
that your spouse has been served with a copy of it.
____________
Name of Petitioner
____________
Address of Petitioner
____________
City/State/Zip Code
Important Information about Respondent (A recent photo may be
attached in addition to the requested information.)
Height: __________
Weight: __________
Race: __________
Date of Birth: __________
Automobile license number and
description:
_________________
Other identifying information:
_________________
Best time and place to locate:
_________________
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.
_______
____________, )
Petitioner, ) AFFIDAVIT
OF PROOF
) OF
SERVICE
)
and )
)
____________, )
Respondent. )
)
STATE OF
) ss.
County of )
I, ______________, swear/affirm under oath that:
I am a resident of the State of
_______________________
Signature of _____________
SUBSCRIBED AND SWORN TO before me this ___ day of _____, 2_.
___________________
NOTARY PUBLIC FOR
My Commission Expires: _____
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.
_______
____________, )
Petitioner, ) MOTION
AND ORDER FOR
) WAIVER
OF FEES
)
and )
)
____________, )
Respondent. )
)
Petitioner moves the Court for an order waiving payment of filing fees,
service fees, and other costs.
__________
Petitioner
POINTS AND AUTHORITIES
ORS 21.605; the Court shall waive all fees and costs if the Court finds
that the party is unable to pay such fees and costs.
ORDER
IT IS SO ORDERED.
DATED: This __ day of ___, 2_.
__________
COURT
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.
_______
____________, )
Petitioner, ) AFFIDAVIT
FOR
) WAIVER
OF
and ) FEES AND
COSTS
)
____________, )
Respondent. )
)
STATE OF
) ss.
County
of )
I, ______________, being first duly sworn upon oath, depose and declare
that I am the petitioner for a Judgment of Summary Dissolution and am unable to
pay necessary filing fees, service fees and court costs. My total monthly
income from all sources is $_____. I have $_____ as assets and $_____ as
savings. I support ___ people. My monthly expenses are $___ housing, $___
food, $___ utilities, $___ transportation, $___ laundry, cleaning and personal
requirements, $___ medical expenses, $___ clothing, $___ telephone, $___ total
installment payments, $___ other expenses, for total monthly expenses of $_____.
___________________
Signature of _________
SUBSCRIBED AND SWORN TO before me this ___ day of _____, 2_.
_____________
NOTARY PUBLIC FOR
My Commission Expires ____
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.
_______
____________, )
Petitioner, ) PETITIONER’S
) AFFIDAVIT,
MOTION
) AND
ORDER FOR
and ) DEFAULT
JUDGMENT
) OF
DISSOLUTION
)
____________, )
Respondent. )
)
STATE OF
) ss.
County of )
I, ___, swear/affirm under oath that:
I am the Petitioner. The Respondent is not now nor was at the time of
the commencement of this suit in the military service of the
The Respondent was served with Summons and Petition for Dissolution on
the ___ day of _____, 2_, in
____________
Petitioner
SUBSCRIBED AND SWORN TO before me this __ day of _____, 2_.
_____________
NOTARY PUBLIC FOR
My Commission Expires ___
Petitioner moves the Court for an Order entering the default of
Respondent.
____________
Petitioner
____________
Address of Petitioner
____________
City, State Zip
ORDER
IT IS SO ORDERED.
DATED: This __ day of ___, 2_.
__________
CIRCUIT COURT JUDGE
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.
_______
___________, )
Petitioner, ) JUDGMENT
OF
) SUMMARY
DISSOLUTION
)
and )
)
___________, )
Respondent. )
)
)
Statistical Facts:
a. Date of marriage:
_______________
b. Place of marriage:
_______________
c. Wife’s address:
_______________
d. Wife’s maiden name:
_______________
e. Wife’s former legal names:
_______________
f. Wife’s age:
_______________
g. Husband’s address:
_______________
h. Husband’s former legal names:
_______________
i. Husband’s age:
_______________
This matter came before the Court for default. Petitioner appeared (in
person) (by affidavit), and Respondent did not appear. THE COURT HAS
BEEN FULLY ADVISED, AND JUDGMENT IS RENDERED AS FOLLOWS:
1. Dissolution: This marriage is dissolved and shall terminate
on _______.
2. Prior Wills: Any will previously executed by either spouse
with provisions in favor of the other spouse is revoked with respect to those
provisions, unless the will expresses a different intent.
3. Division of Property: (a) The wife is awarded and shall own
by herself the following personal property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional pages have been attached as C-1.
(b) The husband is awarded and shall own by himself the following
personal property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional pages have been attached as C-2.
(c) Husband and wife each shall sign any documents necessary to remove
his or her name as owner of personal property awarded to the other. If either
fails to sign the necessary documents, a certified copy of the Judgment shall
serve as a conveyance of the property.
4. Payment of Debts: (a) The wife shall pay the debts listed
below. The husband is awarded a judgment against the wife in the sum of $____.
The wife can satisfy this judgment by paying the following debts:
Name of Creditor Amount Owed
________ _____
________ _____
________ _____
________ _____
Additional pages have been
added as D-1.
(b) The husband shall pay the debts listed below. The wife is awarded a
judgment against the husband in the sum of $____. The husband can satisfy the
judgment by paying the following debts:
Name of Creditor Amount Owed
________ _____
________ _____
________ _____
________ _____
Additional pages have been
added as D-2.
5. The wife shall have her former legal name restored. The restored
name is:
_______________.
The husband shall have his former legal name restored. The restored
name is:
_______________.
6. A judgment against (the husband) (the wife) for court costs
and service fees in the amount of $____ is awarded to (the husband) (the wife)
(this state if fees were waived or deferred).
DATED: This __ day of ___, 2_.
__________
CIRCUIT COURT JUDGE
[____________________________________________________________________________]
SECTION 6.
ORS 107.716 is amended to read:
107.716. (1) If the
respondent requests a hearing pursuant to ORS 107.718 (10), the court shall
hold the hearing within 21 days after the request. 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] prescribed by the
State Court Administrator under 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).
(3) 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.
(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.
(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.
______________________________________________________________________________
(6) The court 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.
(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.
(8) No undertaking shall
be required in any proceeding under ORS 107.700 to 107.735.
(9) Any proceeding under
ORS 107.700 to 107.735 shall be in addition to any other available civil or
criminal remedies.
SECTION 7.
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:
(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.
(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.
(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.
(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.
[(7) An instruction brochure shall be available from the clerk of the
circuit court explaining the rights set forth under ORS 107.700 to 107.735. 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
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
Respondent is a resident of
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 __
Name _____ Age __
Name _____ Age __
Name _____ Age __
B. The children
are now living with __________, at _______ (address).
For how long? _____
C. I believe that
I will need the assistance of a peace officer to regain custody of my children
from respondent. Yes No
D. Is there a
custody or any other order now in effect concerning any of these children? Yes
No
Type of order: _______
The case number is: ___ and it is filed in ___
(County), ___ (State).
E. Where have
the children listed in A. above lived for the last five years and with whom?
County/ Lived Present
Dates State With Address
From __ to __ _____ _____ _____
From __
to __ _____ _____ _____
From __
to __ _____ _____ _____
From __
to __ _____ _____ _____
F. I have not
been involved as a party, witness or in any other capacity in any other
custody, parenting time or visitation lawsuits concerning the children in this
or any other state except:
____________
____________
G. I know of no
other custody, parenting time or visitation lawsuits concerning the children in
this or any other state except:
__________
H. I know of no
one, other than respondent, who has physical custody of the children or who
claims custody, parenting time or visitation rights with the children, except:
__________
I. My children
have not lived in Oregon for the last six months but my children and I are now
present in Oregon and I want the court to award me custody because (describe
the emergency that makes this necessary or information that is in Oregon that
relates to the children):
__________
10. Respondent may be required to move from your residence if it is
in your sole name, or if it is jointly owned or rented by you and respondent,
or if you and respondent are married.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: __________
PETITIONER ASKS THE COURT TO
GRANT THE RELIEF INDICATED IN THE “PETITIONER’S REQUEST” COLUMN OF THE PROPOSED
RESTRAINING ORDER, WHICH IS ATTACHED.
[____________________________________________________________________________]
PETITIONER MUST NOTIFY THE
COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your
residential address or telephone number withheld from respondent, use a contact
address and telephone number so the Court and the Sheriff can reach you if
necessary.
_____________
PETITIONER
STATE OF
) ss.
County of ___ )
SUBSCRIBED AND SWORN TO before me this __ day of _____, 2__.
______________
NOTARY PUBLIC FOR
My Commission Expires: ____
RELEVANT DATA
RESPONDENT __________
Sex __ Telephone # _____
Residence Address __________
City/State/Zip __________
Birthdate ____ Age __
Race ____
Height _____ Weight _____
Eye Color _____
PETITIONER (you) ________
Sex ___ *Telephone # _____
*Residence Address ________
City/State/Zip __________
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
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,
custody
of the children under ORS 109.701 to 109.834 on the
following
grounds:
a.
was
commenced; or
was
commenced and the child is absent from the state, but a parent
or
person acting as a parent continues to live in
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
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. A previous child custody, parenting time, guardianship ___
or
juvenile dependency determination has been made in
________
(State/Tribe/Country);
A child custody, parenting time, guardianship or juvenile ___
dependency
proceeding has been commenced in ________
(State/Tribe/Country);
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
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 se.
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
[ ] 16. NO PARENTING TIME due to ________ ___
_____________________
_____________________
[ ] 17. SUPERVISED PARENTING TIME: Three hours per
week, ___
Supervised
by:
As
follows:
(day of week, location, times)
[ ] 18. Once per week on ______ (day) from ___ ___
a.m./p.m.
to ___ a.m./p.m.
[ ] 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.
[ ] 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.
[ ] 21. OTHER PARENTING TIME AS FOLLOWS: ___
_____________________
_____________________
[ ] 22. Parenting time details not provided for in
this ORDER, ___
including
the days or hours of parenting time, shall be
arranged
through ____________.
[ ] 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,
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.
[ ] 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
FOR
THE COUNTY OF ______
)
_________, ) No.
___
Petitioner, )
vs. ) AFFIDAVIT
OF PROOF
_________, ) OF
SERVICE
Respondent. )
)
)
STATE OF )
) ss.
County of ___ )
I am a resident of the State of
On the ___ day of ____, 2__, I served the Restraining Order to Prevent
Abuse, 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
My Commission Expires:_________
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
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
My Commission Expires: ____
IT IS SO ORDERED this __ day of ___, 2_.
______________
JUDGE
[____________________________________________________________________________]
IN THE CIRCUIT COURT OF
THE STATE OF
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 AND YOU WISH TO CONTEST THE CONTINUATION OF
THIS ORDER, YOU MUST COMPLETE THE REQUEST FOR HEARING FORM BELOW 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 CHILD CUSTODY (NOT PARENTING TIME) IS AT
ISSUE.
AT THE HEARING, A JUDGE WILL
DECIDE WHETHER THE 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.
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
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
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: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
[____________________________________________________________________________]
(7) The State Court
Administrator shall prescribe the content and form of the petition, order and
related forms for use under ORS 107.700 to 107.735. The clerk of the court
shall make available the forms and an instructional brochure explaining the
rights set forth under ORS 107.700 to 107.735.
(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 107.735.
(9) If the county
sheriff:
(a) Determines that the
order and petition are incomplete, the sheriff shall return 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.
(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 (7) of
this section] in the form prescribed by the State Court Administrator.
(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] the 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.
(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 8.
ORS 107.835 is amended to read:
107.835. (1) When [any] a court enters a judgment,
order or modification of [any] a
judgment or order under ORS chapter 25, 107, 108, 109, 110 or 416, the court
shall allow any party to the judgment or order to include in the judgment or
order a waiver of personal service in a subsequent contempt proceeding[. The content of the waiver shall be
substantially as follows:] in order to maintain the confidentiality of
the party’s residential address. In the waiver, the party shall give a contact
address for service of process and select one of the following methods of
substituted service:
(a) Mailing address;
(b) Business address; or
(c) Specified agent.
[____________________________________________________________________________]
In order to maintain the confidentiality of my residential address, I
hereby waive my right to personal service if I am subsequently charged with
contempt. I am giving the following contact address for service of process and
select the following method of substituted service:
( ) Mailing address:________
( ) Business address:________
( ) Specified agent:________
Signed:________
[____________________________________________________________________________]
(2) Any time after a
party has waived personal service under subsection (1) of this section, the
party may file an amended waiver [in
substantially the same form] designating a different method of substituted
service or a different address for substituted service. The party [must] shall give notice of the
amendment to all other parties.
(3) The State Court
Administrator shall prescribe the content and form of the waiver and amended
waiver described in this section.
Approved by the Governor March 29, 2007
Filed in the office of Secretary of State March 29, 2007
Effective date January 1, 2008
__________