2015 ORS 124.015¹
Hearing upon request of respondent
  • relief
  • settlement
  • effect of proceedings

(1) The court shall hold a hearing within 21 days following the request, and may cancel or change any order issued under ORS 124.020 (Ex parte hearing) if the respondent, elderly person or person with a disability requests a hearing pursuant to ORS 124.020 (Ex parte hearing) (9).

(2) In addition to the relief granted under ORS 124.020 (Ex parte hearing), the court, in a hearing held pursuant to subsection (1) of this section, may:

(a) Require either party to move from any residence whose title or right to occupy such premises is held jointly by the parties; and

(b) Assess against any party reasonable attorney fees and such costs as may be incurred in the hearing.

(3)(a) If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner or guardian petitioner so that the petitioner or guardian petitioner may seek representation.

(b) If the elderly person or person with a disability is represented by an attorney, time for the hearing may be extended for up to five days at the request of the respondent or guardian petitioner so that the respondent or guardian petitioner may seek representation.

(4) 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 124.010 (Petition 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 124.020 (Ex parte hearing).

(5) An order or agreement made under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or ORS 133.310 (Authority of peace officer to arrest without warrant) and 133.381 (Procedure in arrests for violation of certain restraining orders) may not in any manner affect title to any real property.

(6) No undertaking shall be required in any proceeding under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title).

(7) Any proceeding under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) shall be in addition to and not in lieu of any other available civil or criminal remedies.

(8) Notwithstanding any right or remedy established in ORS chapter 90 or ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings), a petitioner or guardian petitioner may enforce an order issued under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title). [1995 c.666 §§5,5a; 2003 c.257 §3a; 2005 c.671 §9; 2007 c.70 §26]


1 Legislative Counsel Committee, CHAPTER 124—Abuse Prevention and Reporting; Civil Action for Abuse, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors124.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.