2015 ORS 30.868¹
Civil damages for custodial interference
  • attorney fees

(1) Any of the following persons may bring a civil action to secure damages against any and all persons whose actions are unlawful under ORS 163.257 (Custodial interference in the first degree) (1)(a):

(a) A person who is 18 years of age or older and who has been taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a); or

(b) A person whose custodial rights have been interfered with if, by reason of the interference:

(A) The person has reasonably and in good faith reported a person missing to any city, county or state police agency; or

(B) A defendant in the action has been charged with a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a).

(2) An entry of judgment or a certified copy of a judgment against the defendant for a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is prima facie evidence of liability if the plaintiff was injured by the defendant’s unlawful action under the conviction.

(3)(a) For purposes of this section, a public or private entity that provides counseling and shelter services to victims of domestic violence is not considered to have violated ORS 163.257 (Custodial interference in the first degree) (1)(a) if the entity provides counseling or shelter services to a person who violates ORS 163.257 (Custodial interference in the first degree) (1)(a).

(b) As used in this subsection, "victim of domestic violence" means an individual against whom domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), 181A.355 (Definitions for ORS 181A.355 to 181A.670) or 411.117 (Requirements when victims of domestic violence apply for or receive TANF), has been committed.

(4) Bringing an action under this section does not prevent the prosecution of any criminal action under ORS 163.257 (Custodial interference in the first degree).

(5) A person bringing an action under this section must establish by a preponderance of the evidence that a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) has occurred.

(6) It is an affirmative defense to civil liability for an action under this section that the defendant reasonably and in good faith believed that the defendant’s violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) was necessary to preserve the physical safety of:

(a) The defendant;

(b) The person who was taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a); or

(c) The parent or guardian of the person who was taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a).

(7)(a) If the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is under 18 years of age at the time an action is brought under this section, the court may:

(A) Appoint an attorney who is licensed to practice law in Oregon to act as guardian ad litem for the person; and

(B) Appoint one of the following persons to provide counseling services to the person:

(i) A psychiatrist.

(ii) A psychologist licensed under ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures).

(iii) A clinical social worker licensed under ORS 675.530 (License).

(iv) A professional counselor or marriage and family therapist licensed under ORS 675.715 (Application).

(b) The court may assess against the parties all costs of the attorney or person providing counseling services appointed under this subsection.

(8) If an action is brought under this section by a person described under subsection (1)(b) of this section and a party shows good cause that it is appropriate to do so, the court may order the parties to obtain counseling directed toward educating the parties on the impact that the parties’ conflict has on the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). The court may assess against the parties all costs of obtaining counseling ordered under this subsection.

(9) Upon prevailing in an action under this section, the plaintiff may recover:

(a) Special and general damages, including damages for emotional distress; and

(b) Punitive damages.

(10) The court may award reasonable attorney fees to the prevailing party in an action under this section.

(11)(a) Notwithstanding ORS 12.110 (Actions for certain injuries to person not arising on contract), 12.115 (Action for negligent injury to person or property), 12.117 (Actions based on child abuse) or 12.160 (Suspension for minors and persons who have disabling mental condition), an action under this section must be commenced within six years after the violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). An action under this section accruing while the person who is entitled to bring the action is under 18 years of age must be commenced not more than six years after that person attains 18 years of age.

(b) The period of limitation does not run during any time when the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is removed from this state as a result of the defendant’s actions in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). [2005 c.841 §1; 2009 c.11 §5; 2009 c.442 §26]


1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors030.­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.