ORS 107.716
Hearing

  • order
  • certificate of compliance
  • effect on title to real property
  • no undertaking required

(1)

If the respondent requests a hearing pursuant to ORS 107.718 (Restraining order) (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)

Intentionally left blank —Ed.

(a)

If the court determines under ORS 107.718 (Restraining order) (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 (Restraining order) (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 in the form prescribed by the State Court Administrator under ORS 107.718 (Restraining order) (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 (Restraining order) (10).

(3)

In a hearing held pursuant to subsection (1) or (2) of this section:

(a)

The court may continue any order issued under ORS 107.718 (Restraining order) if the court finds that:

(A)

Abuse has occurred within the period specified in ORS 107.710 (Petition to circuit court for relief) (1);

(B)

The petitioner reasonably fears for the petitioner’s physical safety; and

(C)

The respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child.

(b)

The court may cancel or change any order issued under ORS 107.718 (Restraining order) and may assess against either party a reasonable attorney fee and such costs as may be incurred in the proceeding.

(4)

Intentionally left blank —Ed.

(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 (Restraining order) (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 (Restraining order) (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:

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 (Petition to circuit court for relief). 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 (Restraining order), or until superseded as provided in ORS 107.722 (Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order).

(7)

No order or agreement made under ORS 107.705 (Definitions for ORS 107.700 to 107.735) to 107.720 (Enforcement of restraining orders), 133.310 (Authority of peace officer to arrest without warrant) and 133.381 (Procedure in arrests for violation of certain restraining orders) shall in any manner affect title to any real property.

(8)

No undertaking shall be required in any proceeding under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator).

(9)

Any proceeding under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) shall be in addition to any other available civil or criminal remedies. [1981 c.780 §6 (enacted in lieu of 107.715); 1985 c.629 §3; 1987 c.805 §3; 1995 c.637 §4; 1995 c.794 §2; 1997 c.707 §15; 1999 c.617 §5; 1999 c.1052 §14; 2005 c.536 §1; 2007 c.11 §6; 2019 c.144 §1]

Source: Section 107.716 — Hearing; order; certificate of compliance; effect on title to real property; no undertaking required, https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html.

Notes of Decisions

Existence of restraining order prohibiting petitioner from contacting respondent does not provide grounds for refusing to issue restraining order prohibiting respondent from contacting petitioner. Rosiles-Flores v. Browning, 208 Or App 600, 145 P3d 328 (2006)

Where parties did not have opportunity to be heard on issues of law or fact related to relief available under ORS 107.718 (1) and court was not asked to make determination on those issues, hearing was not “held pursuant to” ORS 107.718 (10) and court lacked statutory authority to award attorney fees under this section. Rhodes v. Gannon, 281 Or App 1, 381 P3d 869 (2016)

107.005
Annulment of void marriage
107.015
Grounds for annulment or dissolution of marriage
107.025
Irreconcilable differences as grounds for dissolution or separation
107.036
Doctrines of fault and in pari delicto abolished
107.046
Appearance by public official
107.055
Appearance by respondent
107.075
Residence requirements
107.085
Petition
107.086
Where to file petition
107.087
When petition to be served on Division of Child Support
107.088
Clerk of court to furnish certain information when petition is filed
107.089
Documents parties must furnish to each other
107.092
Notice that spouse may continue health insurance coverage
107.093
Restraining order
107.094
Forms for restraining order and request for hearing
107.095
Provisions court may make after commencement of suit and before judgment
107.097
Ex parte temporary custody or parenting time orders
107.101
Policy regarding parenting
107.102
Parenting plan
107.103
Alternative dispute resolution conference procedure
107.104
Policy regarding settlement
107.105
Provisions of judgment
107.106
Provisions of order or judgment providing for custody, parenting time, visitation or support of child
107.108
Support or maintenance for child attending school
107.111
When parents equally responsible for funeral expenses of child
107.115
Effect of judgment
107.118
Definitions for ORS 107.118 to 107.131
107.121
Revocation of designation of beneficiary upon entry of judgment
107.124
Effect of revocation
107.127
Notice of revocation
107.131
Conveyance or release of contingent or expectant interests
107.133
Remedy following conviction for attempted murder or conspiracy to commit murder
107.135
Vacation or modification of judgment
107.136
Reinstatement of terminated spousal support
107.137
Factors considered in determining custody of child
107.138
Temporary status quo order regarding child custody
107.139
Post-judgment ex parte temporary custody or parenting time order
107.145
Legislative findings regarding deployed parent
107.146
Expedited hearing upon motion by deployed parent
107.149
Policy regarding parents and their children
107.154
Authority of parent when other parent granted sole custody of child
107.159
Notice of change of residence
107.164
Parents’ duty to provide information to each other
107.169
Joint custody of child
107.174
Modification of order for parenting time
107.179
Request for joint custody of children
107.400
Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought
107.405
Powers of court in dissolution, annulment or separation proceedings
107.406
Legislative findings
107.407
Petition to set aside spousal support provisions of judgment
107.408
Duty to provide income tax information
107.412
Procedure applicable to ORS 107.407
107.415
Notice of change of status of child
107.425
Investigation of parties in domestic relations suit involving children
107.431
Modification of portion of judgment regarding parenting time or child support
107.434
Expedited parenting time enforcement procedure
107.437
Order of assistance to obtain custody of child held in violation of custody order
107.445
Attorney fees in certain domestic relations proceedings
107.449
Transfer of proceeding under ORS 107.135 to auxiliary court
107.452
Reopening case if assets discovered after entry of judgment
107.455
Effect of separation statutes or judgments on subsequent dissolution proceedings
107.465
Conversion of judgment of separation into judgment of dissolution
107.475
Court to determine duration of separation
107.485
Conditions for summary dissolution procedure
107.490
Commencement of proceeding
107.500
Forms
107.510
Definitions for ORS 107.510 to 107.610
107.520
Establishment of conciliation jurisdiction
107.530
Source of conciliation services
107.540
Conciliation jurisdiction by court
107.550
Petition for conciliation jurisdiction
107.560
Effect of petition
107.570
Notice
107.580
Restriction of services
107.590
Court orders
107.600
Privacy of proceedings
107.610
Qualifications of conciliation counselors
107.615
Fees to support services
107.700
Short title
107.705
Definitions for ORS 107.700 to 107.735
107.707
Application of Uniform Child Custody Jurisdiction and Enforcement Act
107.710
Petition to circuit court for relief
107.716
Hearing
107.717
Appearance by telephone or two-way electronic communication device
107.718
Restraining order
107.719
Removal of personal effects
107.720
Enforcement of restraining orders
107.721
Petitioner’s change of residence
107.722
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order
107.723
Service of restraining order
107.725
Renewal of order entered under ORS 107.716 or 107.718
107.726
Standing to petition for relief of person under 18 years of age
107.728
Where to file petition
107.730
Modification of order entered under ORS 107.700 to 107.735
107.732
Recovering custody of child
107.735
Duties of State Court Administrator
107.755
Court-ordered mediation
107.765
When referral to mediation permitted
107.775
Methods of providing mediation services
107.785
Privacy of proceedings
107.795
Availability of other remedies
107.810
Policy
107.820
Support order as insurable interest
107.825
Court-ordered beneficiary action against third-party beneficiary after death of obligor
107.830
Physical examination may be ordered
107.835
Waiver of personal service in subsequent contempt proceeding
107.837
Attorney fees
107.840
Confidentiality of Social Security numbers
107.843
Supplemental judgments
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