2017 ORS 107.730¹
Modification of order entered under ORS 107.700 to 107.735
  • service
  • attorney fees

(1) At any time after an order has been issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) and after the time period set forth in ORS 107.718 (Restraining order) (10)(a):

(a) A party may request that the court modify terms in the order that were entered under ORS 107.718 (Restraining order) (1)(a), (b), (g) or (i) for good cause shown.

(b) A petitioner may request that the court modify by removing or making less restrictive terms in the order that were entered under ORS 107.718 (Restraining order) (1)(b), (g) or (i) for good cause shown. Application to the court under this paragraph may be by ex parte motion.

(2) The clerk of the court shall provide without charge the number of certified true copies of the request for modification of the order and notice of hearing necessary to effect service and, at the election of the party requesting the modification, shall have a true copy of the request and notice delivered to the county sheriff for service upon the other party.

(3) The county sheriff shall personally serve the other party with a request under subsection (1)(a) of this section, unless the party requesting the modification under subsection (1)(a) of this section elects to have the other party personally served by a private party or unless otherwise ordered by the court.

(4) The provisions of ORS 107.716 (Hearing) (5) apply to a modification of an order under this section.

(5) The clerk of the court shall deliver a copy of an order of modification entered under subsection (1) of this section to the county sheriff for service and entry into the Law Enforcement Data System as provided in ORS 107.723 (Service of restraining order).

(6)(a) The county sheriff shall serve a copy of an order of modification:

(A) Entered under subsection (1)(a) of this section by personal service on the nonrequesting party.

(B) Entered under subsection (1)(b) of this section by mailing a copy of the order to the nonrequesting party by first class mail.

(b) If the order of modification recites that the respondent appeared in person before the court, the necessity for service of the order and proof of service is waived.

(7) The court may assess against either party a reasonable attorney fee and costs that may be incurred in the proceeding. [1985 c.629 §6; 1995 c.637 §7; 1997 c.707 §17; 1999 c.1052 §16; 2005 c.536 §10; 2007 c.22 §5; 2009 c.211 §1; 2011 c.269 §3; 2015 c.121 §16]

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 (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 107, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano107.­html (2017) (last ac­cessed Mar. 30, 2018).
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.