2015 ORS 107.722¹
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order
  • modification of preexisting order or judgment

(1) The provisions of an order or judgment, or of a modification to an order or judgment, issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(b), 107.105 (Provisions of judgment), 107.135 (Vacation or modification of judgment), 109.103 (Proceeding to determine custody or support of child) or 109.155 (Hearing) supersede contrary provisions of a preexisting order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), except that an order issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(b) supersedes a preexisting order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) only if the party requesting temporary relief consolidates the subsequently filed matter with the preexisting matter filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) and provides the nonmoving party with notice and an opportunity for a hearing.

(2)(a) In a proceeding under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), the court may modify the custody or parenting time provisions of a preexisting order or judgment issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(b), 107.105 (Provisions of judgment), 107.135 (Vacation or modification of judgment), 109.103 (Proceeding to determine custody or support of child) or 109.155 (Hearing), or a similar order or judgment issued by the tribunal of another jurisdiction, if necessary to protect the safety and welfare of the child or the petitioner.

(b) If the court, in an order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), modifies the custody provisions of a preexisting order or judgment issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(b), 107.105 (Provisions of judgment), 107.135 (Vacation or modification of judgment), 109.103 (Proceeding to determine custody or support of child) or 109.155 (Hearing), the court shall specify in the order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) a period that the court considers adequate under the circumstances within which the party seeking relief may obtain a modification of the preexisting order or judgment under controlling law. Upon the expiration of the period specified by the court, if a modification of the preexisting order or judgment has not been obtained, the custody and parenting time provisions of the order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) expire and the custody and parenting time provisions of the preexisting order or judgment become immediately effective.

(c) If the court, in an order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), modifies the custody provisions of a preexisting order or judgment issued by the tribunal of another jurisdiction, ORS 109.701 (Short title) to 109.834 (Severability clause) apply. [1987 c.805 §6; 1995 c.637 §6; 2005 c.536 §3]

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.