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 thereof, the clerk of the court or any other person serving the petition and order shall deliver forthwith to a county sheriff a true copy of the affidavit of proof of service on which it is stated that personal service of the petition and order was served on the respondent, a copy of the petition and a true copy of the order. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service of the order is waived and an accompanying proof of service is not necessary. Upon receipt of a true copy of the order and completion of any required service, the county sheriff shall forthwith enter the order into the Law Enforcement Data System maintained by the Department of State Police. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of such order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of such order may be informed of the existence and terms of such order. Such order shall be fully enforceable in any county in the state. The petitioner or guardian petitioner may elect to deliver documents personally to a county sheriff or to have them delivered by a private person for entry into the Law Enforcement Data System.
(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 deliver forthwith a true copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of such 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 pursuant to 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 such restraining order is issued, the issuing court shall set a security amount for the violation of such order. [1995 c.666 §8; 2003 c.257 §5; 2007 c.255 §10]
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