2015 ORS 107.716¹
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)(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, 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)(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]

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)

Notes of Decisions

Criminal contempt pro­ceed­ing for failure to obey restraining order issued pursuant to Family Abuse Preven­tion Act is not "crim­i­nal pros­e­cu­­tion" within meaning of Article I, sec­tion 11 of Oregon Constitu­tion. State ex rel Hathaway v. Hart, 70 Or App 541, 690 P2d 514 (1984), aff'd 300 Or 231, 708 P2d 1137 (1985); Bachman v. Bachman, 171 Or App 665, 16 P3d 1185 (2000), Sup Ct review denied

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)

Judg­ment holding individual in contempt of "stay away" por­tion of restraining order does not constitute viola­tion of protec­tion order under federal Immigra­tion and Na­tionality Act. Szalai v. Holder, 572 F3d 975 (9th Cir. 2009)

Law Review Cita­tions

33 WLR 971 (1997); 85 OLR 325 (2006)

Chapter 107

Notes of Decisions

Trial court has authority to es­tab­lish liquidated sum as amount owed by spouse under settle­ment agree­ment. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Cita­tions

55 OLR 267-277 (1976); 27 WLR 51 (1991)


1 Legislative Counsel Committee, CHAPTER 107—Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors107.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 107, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano107.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.