ORS 163.765
Restraining order
- service of order
- request for hearing
- duration of order
(1)
When a petition is filed in accordance with ORS 163.763 (Petition to circuit court for relief), 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 finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if an order granting relief under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) is not entered and that the respondent has subjected the petitioner to sexual abuse, the circuit court:(a)
Shall enter an order restraining the respondent from contacting the petitioner and from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner.(b)
If the petitioner requests, may order:(A)
That the respondent be restrained from contacting the petitioner’s children or family or household members;(B)
That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner’s residence;(C)
That the respondent be restrained from intimidating, molesting, interfering with or menacing any children or family or household members of the petitioner, or attempting to intimidate, molest, interfere with or menace any children or family or household members of the petitioner;(D)
That the respondent be restrained from entering, or attempting to enter, any premises and a reasonable area surrounding the premises when necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or the petitioner’s children or family or household members; and(E)
Other relief necessary to provide for the safety and welfare of the petitioner or the petitioner’s children or family or household members.(2)
If the respondent is restrained from entering or attempting to enter an area surrounding the petitioner’s residence or any other premises, the restraining order must specifically describe the area or premises.(3)
When the circuit court enters a restraining order under this section, the court shall set a security amount for the violation of the order.(4)
If the circuit court enters a restraining order under subsection (1) of this section:(a)
The clerk of the court shall provide, without charge, the number of certified true copies of the petition and the restraining order necessary to provide the petitioner with one copy and to effect service and shall have a true copy of the petition and the restraining order delivered to the county sheriff for service upon the respondent, unless the circuit 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 of the court shall provide the petitioner, without charge, two exemplified copies of the petition and the restraining order.(b)
The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by another party. Proof of service shall be made in accordance with ORS 163.773 (Enforcement of restraining order). When the restraining order does not contain the respondent’s date of birth and service is effected by the sheriff, the sheriff shall verify the respondent’s date of birth with the respondent and shall record that date on the restraining order or proof of service entered into the Law Enforcement Data System under ORS 163.773 (Enforcement of restraining order).(5)
Intentionally left blank —Ed.(a)
If the county sheriff:(A)
Determines that the restraining order and petition are incomplete, the sheriff shall return the restraining order and petition 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)
Cannot complete service within 10 days after accepting the restraining order and petition, 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 sheriff shall hold the restraining order and petition for future service and file a return to the clerk of the court showing that service was not completed.(b)
If a petitioner receives notice of incomplete service under paragraph (a)(B) of this subsection and cannot effect service on the respondent within 30 days after the granting or renewal of the restraining order, the circuit court may order service by an alternative method in accordance with ORCP 7 D(6) on proof of the petitioner’s due diligence in attempting to effect service. If appropriate, the court may order the use of a summons to effect service. The summons must include notice of where the respondent may obtain a complete copy of the order.(6)
Intentionally left blank —Ed.(a)
Within 30 days after a restraining order is served under this section, the respondent may request a circuit court hearing upon any relief granted.(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 the hearing and shall supply the petitioner with a copy of the respondent’s request for a hearing. The petitioner shall give the clerk of the court information sufficient to allow such notification.(7)
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.(8)
Intentionally left blank —Ed.(a)
A restraining order entered under this section is effective for a period of five years or, if the petitioner is under 18 years of age at the time of entry, until January 1 of the year following the petitioner’s 18th birthday, whichever occurs later, except as otherwise provided in paragraph (b) or (c) of this subsection or unless the restraining order is renewed, modified or terminated in accordance with ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required).(b)
The circuit court shall enter a permanent restraining order if, at the time of the petition or renewal of the order, the respondent has been convicted of a crime described in ORS 163.355 (Rape in the third degree) to 163.445 (Sexual misconduct) committed against the petitioner.(c)
The circuit court may enter a permanent restraining order if the court finds that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety and that the passage of time or a change in circumstances would not dissipate that fear. In making the finding, the court shall consider any information offered by the petitioner to support the request for a permanent restraining order, including but not limited to:(A)
Information that the respondent has a history of engaging in sexual abuse or domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290);(B)
If the petitioner is a minor, the fact that the respondent is related to the petitioner by blood or marriage; or(C)
Any vulnerability of the petitioner that is not likely to change over time. [2013 c.687 §3; 2019 c.353 §2; 2021 c.496 §§1,2]
Source:
Section 163.765 — Restraining order; service of order; request for hearing; duration of order, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
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