2017 ORS 107.732¹
Recovering custody of child

(1) An order or a modification to an order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) that provides for the custody of a child shall, when requested by the party awarded custody, contain a provision ordering a peace officer to assist in recovering the custody of the child and authorizing the use of any reasonable force necessary to that end, including directing forcible entry into specified premises.

(2) An order under ORS 107.718 (Restraining order) directing the sheriff to use any reasonable force necessary to enforce the order authorizes the sheriff to make a forcible entry into the premises specified in the order.

(3) No peace officer shall be civilly or criminally liable for any action taken in recovering the custody of a child pursuant to an order issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), except for intentional torts outside the scope of the peace officer’s duties. [1995 c.637 §9; 2007 c.255 §8]

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.