2015 ORS 107.728¹
Where to file petition
  • contempt proceedings

A petition under ORS 107.710 (Petition to circuit court for relief) may be filed only in a county in which the petitioner or respondent resides. Any contempt proceedings for violation of a restraining order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) must be conducted by the court that issued the order, or by the circuit court for a county in which a violation of the restraining order occurs. If contempt proceedings are initiated in the circuit court for a county in which a violation of the restraining order occurs, the person initiating the contempt proceedings shall file with the court a copy of the restraining order, certified by the clerk of the court that issued the order. Upon filing of the certified copy of the restraining order, the court shall enforce the order as though that court had issued the order. [2003 c.289 §2]

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.