Proof of service of restraining order to be delivered to sheriff
- • entry in LEDS
- • expiration of restraining order
- • release of respondent pending hearing
(1) Whenever a restraining order, as authorized by ORS 124.015 (Hearing upon request of respondent) or 124.020 (Ex parte hearing), that includes a security amount and an expiration date pursuant to ORS 124.015 (Hearing upon request of respondent) and 124.020 (Ex parte hearing) and this section, is issued and the person to be restrained has actual notice of the order, the clerk of the court or any other person serving the petition and order shall immediately deliver to a county sheriff a true copy of proof of service, on which it is stated that personal service of the petition and order was served on the respondent, and copies of the petition and order. Proof of service may be made by affidavit or by declaration under penalty of perjury. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for service of the order and proof of service is waived. Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police. If the petition and order were served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System upon receipt of a true copy of proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.
(2)(a) A restraining order shall remain in effect until the order expires or is terminated by court order.
(b) When a restraining order has been entered under ORS 124.020 (Ex parte hearing), the restraining order shall not be terminated upon a motion for dismissal by the petitioner or guardian petitioner unless the motion is notarized.
(3) In any situation where a restraining order described in subsection (1) of this section is terminated before the expiration date, the clerk of the court shall immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System.
(4) Pending a contempt hearing for an alleged violation of a restraining order issued under ORS 124.015 (Hearing upon request of respondent) or 124.020 (Ex parte hearing), a person arrested and taken into custody pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant) may be released as provided in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court). Whenever a restraining order is issued under ORS 124.015 (Hearing upon request of respondent) or 124.020 (Ex parte hearing), the issuing court shall set a security amount for the violation of the order. [1995 c.666 §8; 2003 c.257 §5; 2007 c.255 §10; 2011 c.269 §5; 2015 c.121 §20]
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. Currency Information