Domestic Abuse Laws
Oregon
2001
Note: This page features auto-scrolling links by statute.
Chapter 107 - Family Abuse Act
Chapter 163 -
Stalking
107.700 Short title.
ORS 107.700 to 107.732 shall be known and may be cited as the “Family Abuse Prevention Act.”
[1977 c.845 s.4; 1995 c.637 s.1]
107.705 Definitions for ORS 107.700 to 107.732.
As used in ORS 107.700 to
107.732:
(1) “Abuse” means the occurrence of one or more of the following acts between family or household members:
(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.
(b) Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.
(c) Causing another to engage in involuntary sexual relations by force or threat of force.
(2) “Child” means
an unmarried person who is under 18 years of age.
(3) “Family or household
members” means any of the following:
(a) Spouses.
(b) Former spouses.
(c) Adult persons related by blood, marriage or adoption.
(d) Persons who are cohabiting or who have cohabited with each other.
(e) Persons who have been involved in a sexually intimate relationship with each otherwithin two years immediately preceding the filing by one of them of a petition under ORS 107.710.
(f) Unmarried parents of a child.
(4) “Interfere”
means to interpose in a manner that would reasonably be expected to hinder
or impede a person in the petitioner's situation.
(5) “Intimidate”
means to act in a manner that would reasonably be expected to threaten a
person in the petitioner's situation, thereby compelling or deterring conduct
on the part of the person.
(6) “Menace” means
to act in a manner that would reasonably be expected to threaten a person
in the petitioner's situation.
(7) “Molest” means to act, with hostile intent or injurious effect, in a manner that would reasonably be expected to annoy, disturb or persecute a person in the petitioner's position.
[1977 c.845 s.5; 1979 c.161 s.1; 1981 c.780 s.1; 1985 c.629 s.1; 1987 c.331 s.3; 1987 c.805 s.1; 1993 c.643 s.1; 1995 c.637 s.2; 1997 c.863 s.8; 1999 c.617 s.6; 1999 c.1052 s.12]
107.710 Petition to circuit court for relief; burden of proof.
(1) Any person who has been
the victim of abuse within the preceding 180 days may petition the circuit
court for relief under ORS 107.700 to 107.732, if the person is in imminent
danger of further abuse from the abuser. The person may seek relief by filing
a petition with the circuit court alleging that the person is in imminent
danger of abuse from the respondent, that the person has been the victim
of abuse committed by the respondent within the 180 days preceding the filing
of the petition and particularly describing the nature of the abuse and the
dates thereof. The abuse must have occurred not more than 180 days before
the filing of the petition. Allegations in the petition shall be made under
oath or affirmation. The circuit court shall have jurisdiction over all
proceedings under ORS 107.700 to 107.732.
(2) The petitioner has the
burden of proving a claim under ORS 107.700 to 107.732 by a preponderance
of the evidence.
(3) A person's right to relief
under ORS 107.700 to 107.732 shall not be affected by the fact that the person
left the residence or household to avoid abuse.
(4) A petition filed under
ORS 107.700 to 107.732 shall disclose the existence of any custody, Family
Abuse Prevention Act or Elderly and Disabled Person Abuse Prevention Act
proceedings, or any marital annulment, dissolution or separation proceedings,
or any filiation proceeding, pending between the parties, and the existence
of any other custody order affecting the children of the parties.
(5) When the petitioner requests
custody of any child, the petition shall comply with ORS 109.767 and disclose:
(a) The child's present residence and the length of time the child has resided at the residence;
(b) The county and state where the child resided for the five years immediately prior to the filing of the petition;
(c) The name and address of the party or other responsible person with whom the child is presently residing;
(d) The name and current address of any party or other responsible person with whom the child resided for the five years immediately prior to the filing of the petition;
(e) Whether the party participated as a party, witness or in any other capacity, in any other litigation concerning the custody of the child in this or any other state;
(f) Whether the party has information of any custody proceeding concerning the child pending in a court of this or any other state; and
(g) Whether the party knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody, parenting time or visitation rights with respect to the child.
(6) For purposes of computing the 180-day period in this section and ORS 107.718, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the petitioner shall not be counted as part of the 180-day period.
[1977 c.845 s.6; 1981 c.780 s.2; 1985 c.629 s.2; 1987 c.805 s.2; 1993 c.375 s.1; 1995 c.637 s.3; 1995 c.666 s.19; 1997 c.707 s.14; 1999 c.617 s.4; 1999 c.649 s.50; 1999 c.738 s.7; 1999 c.1052 s.13]
107.715 [1977 c.845 s.7; repealed by 1981 c.780 s.5 (107.716 enacted in lieu of 107.715)]
107.716 Hearing; additional relief; certificate of compliance; effect on title to real property; no undertaking required.
(1) If the respondent requests
a hearing pursuant to ORS 107.718 (8), the court shall hold the hearing within
21 days following the request, and may cancel or change any order issued
under ORS 107.718.
(2) In addition to the relief
available under ORS 107.718, the court, in a hearing held pursuant to subsection
(1) of this section, may assess against either party a reasonable attorney
fee and such costs as may be incurred in the proceeding.
(3) Where temporary custody
is contested, the hearing shall be held within five days of the respondent's
request. 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 so that
the petitioner may seek representation.
(4) If the court continues
the order, with or without changes, at a hearing about which the respondent
received actual notice and the opportunity to participate, the court shall
include in the order a certificate in substantially the following form in
a separate section immediately above the signature of the judge:
CERTIFICATE OF COMPLIANCE
WITH THE VIOLENCE
AGAINST WOMEN ACT
This protective order meets all full faith and credit requirements of the
Violence Against Women Act, 18 U.S.C. 2265 (1994). This court has jurisdiction
over the parties and the subject matter. The respondent was afforded notice
and timely opportunity to be heard as provided by the law of this jurisdiction.
This order is valid and entitled to enforcement in this and all other
jurisdictions.
(5) The court shall have
the further power to 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 107.710.
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 107.718, or until superseded as provided in
ORS 107.722.
(6) No order or agreement
made under ORS 107.705 to 107.720, 133.310 and 133.381 shall in any manner
affect title to any real property.
(7) No undertaking shall
be required in any proceeding under ORS 107.700 to 107.732.
(8) Any proceeding under ORS 107.700 to 107.732 shall be in addition to any other available civil or criminal remedies.
[1981 c.780 s.6 (enacted in lieu of 107.715); 1985 c.629 s.3; 1987 c.805 s.3; 1995 c.637 s.4; 1995 c.794 s.2; 1997 c.707 s.15; 1999 c.617 s.5; 1999 c.1052 s.14]
107.718 Petition for relief when petitioner in danger of abuse; forms; restraining order; request for hearing.
(1) When a person files a
petition under ORS 107.710, the circuit court shall hold an ex parte hearing
in person or by telephone on the day the petition is filed or on the following
judicial day. Upon a showing that the petitioner has been the victim of abuse
committed by the respondent within 180 days preceding the filing of the petition,
that there is an imminent danger of further abuse to the petitioner and that
the respondent represents a credible threat to the physical safety of the
petitioner or the petitioner's child, the court shall, if requested by the
petitioner, order, for a period of one year or until the order is withdrawn
or amended, or until the order is superseded as provided in ORS 107.722,
whichever is sooner:
(a) That temporary custody of the children of the parties be awarded to the petitioner or, at the request of the petitioner, to the respondent, subject to reasonable parenting time rights of the noncustodial parent, which the court shall order, unless such parenting time is not in the best interest of the child;
(b) That the respondent be required to move from the petitioner's residence, if in the sole name of the petitioner or if it is jointly owned or rented by the petitioner and the respondent, or if the parties are married to each other;
(c) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner's current or subsequent residence if the respondent is required to move from petitioner's residence;
(d) That a peace officer accompany the party who is leaving or has left the parties' residence to remove essential personal effects of the party or the party's children, or both, including but not limited to clothing, toiletries, diapers, medications, social security cards, birth certificates, identification and tools of the trade;
(e) That the respondent be restrained from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner;
(f) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children in the custody of the petitioner, or attempting to intimidate, molest, interfere with or menace any children in the custody of the petitioner;
(g) That the respondent be restrained from entering, or attempting to enter, on any premises and a reasonable area surrounding the premises when it appears to the court that such restraint is necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or children whose custody is awarded to the petitioner;
(h) Other relief that the court considers necessary to provide for the safety and welfare of the petitioner and the children in the custody of the petitioner including, but not limited to, emergency monetary assistance from the respondent; or
(i) That the respondent have no contact with the petitioner in person, by telephone or by mail except as described in parenting time ordered under this section.
(2) If respondent is restrained
from entering, or attempting to enter, an area surrounding petitioner's residence
or any other premises, the order restraining respondent shall specifically
describe the area.
(3) Imminent danger under
this section includes but is not limited to situations in which the respondent
has recently threatened petitioner with additional bodily harm.
(4) If the court awards parenting
time to a parent who committed abuse, the court shall make adequate provision
for the safety of the child and of the petitioner. The order of the court
may include, but is not limited to, the following:
(a) That exchange of a child between parents shall occur at a protected location.
(b) That parenting time be supervised by another person or agency.
(c) That the perpetrator of the abuse be required to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or any other counseling program designated by the court as a condition of the parenting time.
(d) That the perpetrator of the abuse not possess or consume alcohol or controlled substances during the parenting time and for 24 hours preceding the parenting time.
(e) That the perpetrator of the abuse pay all or a portion of the cost of supervised parenting time, and any program designated by the court as a condition of parenting time.
(f) That no overnight parenting time occur.
(5) An instruction brochure
shall be available from the clerk of the circuit court explaining the rights
set forth under ORS 107.700 to 107.732. The petition, order and related forms
shall be available from the clerk of the court and shall be in substantially
the following form:
___________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________
PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE
No. ______
_________,
Petitioner
(your name)
vs.
_________,
Respondent
(person to be restrained)
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT, THE COURT
MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO HOLD YOU IN CONTEMPT OF COURT.
If you wish to have your residential address or telephone number withheld
from respondent, use a contact address and telephone number so the Court
and the Sheriff can reach you if necessary.
ATTACH ADDITIONAL PAGES
IF NECESSARY.
I am the Petitioner and I state that the following information is true:
I am a resident of ___________ County, Oregon.
Respondent is a resident of _____ County, Oregon.
I am _____ years of age and Respondent is _____ years of age.
1. CHECK AND FILL OUT THE
SECTION(S) that apply to you and respondent:
__ A. Respondent is my ____ spouse ____ former spouse. We were married on
____________, 2___. We were divorced on ____________, 2___.
__ B. Respondent and I are adults related by blood, marriage or adoption.
Respondent is my ____________ (type of relationship).
__ C. Respondent and I have been living together since _____, 2___.
__ D. Respondent and I lived together from _____, 2___, to _________, 2___.
__ E. Respondent and I have been involved in a sexually intimate relationship
within the last two years.
__ F. Respondent and I are the unmarried parents of a child.
__ G. I am a minor and have been involved in a sexually intimate relationship
with respondent who is 18 years of age or older.
2. To qualify for a restraining
order, respondent must have done one or more of the following:
Within the last 180 days,
respondent has :
__ A. Caused me bodily injury.
__ B. Attempted to cause me bodily injury.
__ C. Placed me in fear of imminent bodily injury.
__ D. Caused me to engage in involuntary sexual relations by force or threat
of force.
3. Any period of time after
the abuse occurred during which respondent was incarcerated (in jail or prison)
or lived more than 100 miles from your home is not counted as part of the
180-day period, and you may still be eligible for a restraining order.
Respondent was incarcerated from _________, 2___, to _________, 2___.
Respondent lived more than 100 miles from my home from _________, 2___, to
_________, 2___.
4. Did the abuse happen within
the last 180 days not including the times respondent was incarcerated (in
jail or prison) or lived more than 100 miles from your home?
Yes No
Date and location of abuse:
________________
________________
How did respondent hurt or
threaten you?
________________
________________
________________
5. Are there incidents other
than those described in question 4 above, in which respondent has hurt or
threatened to hurt you? If Yes, Explain:
________________
________________
________________
6. I am in imminent danger
of further abuse by respondent because:
________________
________________
________________
7. In any of the above incidents:
Were drugs, alcohol or weapons involved? Yes No
Did you need medical help? Yes No
Were the police or the courts involved? Yes No
If you have circled yes to any of the above questions, explain:
________________
________________
8. A. There (is) (is not)
another restraining order pending between respondent and me. It is filed
in ___ (County), ___ (State), and I am (Petitioner) or (Respondent) in that
case.
The case number of the case is: ___________
B. There (is) (is not) another
lawsuit pending between respondent and me for divorce, annulment, legal
separation, filiation (paternity), custody, parenting time or visitation.
If yes, type of lawsuit: ___________
It is filed in ______ (County),
______ (State).
C. If you and respondent
are unmarried, has legal paternity of your children been established? Yes
No
In what way? Birth certificate
Child support proceeding
Paternity lawsuit
Other
Explain: ___________
9. A. The children of respondent
and me who are under 18 years of age are:
Name ______ Age ___
Name ______ Age ___
Name ______ Age ___
Name ______ Age ___
B. The children are now living
with ___________, at ________ (address).
For how long? ______
C. I believe that I will
need the assistance of a peace officer to regain custody of my children from
respondent. Yes No
D. Is there a custody or
any other order now in effect concerning any of these children? Yes No
Type of order: ________
The case number is: ____ and it is filed in ____ (County), ____ (State).
E. Where have the children
listed in A. above lived for the last five years and with whom?
County/ Lived Present
Dates State With Address
From ____ to ____ _____ _____ _____
From ____ to ____ _____ _____ _____
From ____ to ____ _____ _____ _____
From ____ to ____ _____ _____ _____
F. I have not been involved
as a party, witness or in any other capacity in any other custody, parenting
time or visitation lawsuits concerning the children in this or any other
state except:
_____________
_____________
G. I know of no other custody,
parenting time or visitation lawsuits concerning the children in this or
any other state except:
_____________
H. I know of no one, other
than respondent, who has physical custody of the children or who claims custody,
parenting time or visitation rights with the children, except:
_____________
I. My children have not lived
in Oregon for the last six months but my children and I are now present in
Oregon and I want the court to award me custody because (describe the emergency
that makes this necessary or information that is in Oregon that relates to
the children):
_____________
10. Respondent may be required
to move from your residence if it is in your sole name, or if it is jointly
owned or rented by you and respondent, or if you and respondent are married.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: ___________
PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE
“PETITIONER'S REQUEST” COLUMN OF THE PROPOSED RESTRAINING ORDER,
WHICH IS ATTACHED.
___________________________________________________________________
PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your residential address or telephone number withheld
from respondent, use a contact address and telephone number so the Court
and the Sheriff can reach you if necessary.
___________
PETITIONER
STATE OF OREGON
ss.
County of ____
SUBSCRIBED AND SWORN TO before me this ___ day of ______, 2___.
_____________________________
NOTARY PUBLIC FOR OREGON
My Commission Expires: _____
RELEVANT DATA
RESPONDENT ___________
Sex ___ Telephone # ______
Residence Address ___________
City/State/Zip ___________
County ___________
Birthdate _____ Age ___
Race _____
Height ______ Weight ______
Eye Color ______
PETITIONER (you) _________
Sex ____ *Telephone # ______
*Residence Address _________
City/State/Zip ___________
County ___________
Birthdate ______ Age ____
Race ______
Height ______ Weight ______
Eye Color ______
*If you wish to have your residential address or telephone number withheld
from respondent, use a contact address and telephone number so the Court
and the Sheriff can reach you if necessary.
PLEASE FILL OUT THIS INFORMATION
TO AID IN SERVICE OF
THE RESTRAINING ORDER
Where is respondent most likely to be located?
Residence Hours ______
Employment Hours ______
Address: _____
________
Employment Hours ______
Address: _____
________
Description of vehicle _________
Does respondent have any weapons or access to weapons? Explain:
___________________________________________________________________
___________________________________________________________________
Has respondent ever been arrested for or convicted of a violent crime? Explain:
___________________________________________________________________
___________________________________________________________________
Is there anything about respondent's character, past behavior or the present
situation that indicates that respondent may be a danger to self or other?
Explain:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _______
RESTRAINING ORDER TO PREVENT ABUSE
No. ______
_____,
Petitioner
(your name)
vs.
_____,
Respondent
(person to be restrained))
TO THE RESPONDENT: VIOLATION OF THIS RESTRAINING ORDER MAY RESULT IN YOUR
ARREST AND IN CIVIL AND/OR CRIMINAL PENALTIES. THIS ORDER IS ENFORCEABLE
IN EVERY STATE. REVIEW THIS ORDER CAREFULLY. EACH PROVISION MUST BE OBEYED.
SEE YOUR RIGHTS TO A HEARING.
The Court, having reviewed the petition, makes the following findings:
Judge's Initials
1. Petitioner and respondent are related as follows (check all that apply):
A. Petitioner and respondent
are spouses. ____
B. Petitioner and respondent are former spouses. ____
C. Petitioner and respondent
are adult persons related by blood, ____
marriage or adoption.
D. Petitioner and respondent
are cohabiting or have cohabited ____
with each other.
E. Petitioner and respondent
have been involved in a sexually ____
intimate relationship with each other within the last two years.
F. Petitioner and respondent
are unmarried parents of a child. ____
G. Petitioner is a minor
and has been involved in a sexually ____
intimate relationship with respondent who is 18 years of age or older.
2. Additional findings:
A. Petitioner has been abused
by respondent as defined by ORS 107.705. ____
B. The abuse of petitioner
by respondent occurred within the last ____
180 days as provided in ORS 107.710.
C. Respondent represents
a credible threat to the physical safety ____
of petitioner or petitioner's child and there is an imminent danger of
further abuse to petitioner.
D. If there are children,
Oregon has jurisdiction over the issue of the ____
custody of the children under ORS 109.701 to 109.834 on the
following grounds:
a. Oregon is the home state
of the child on the date this proceeding ____
was commenced; or
Oregon was the home state within six months before this proceeding ____
was commenced and the child is absent from the state, but a parent
or person acting as a parent continues to live in Oregon under
ORS 109.741 (1)(a).
b. No other state has home
state jurisdiction under ORS 109.741 ____
(1)(a); or
The home state of the child _________ (name) ____
has declined jurisdiction and the child's parents have, or one of
the child's parents or a person acting as a parent has, a significant
connection with Oregon and substantial evidence is available here
concerning the child's care, protection, training and personal
relationships under ORS 109.741 (1)(b).
c. All courts having jurisdiction
under home state grounds under ____
ORS 109.741 (1)(a), or significant connections grounds under ORS
109.741 (1)(b), have declined to exercise jurisdiction under ORS
109.741 (1)(c).
d. No court of any other
state has jurisdiction under ORS 109.741 ____
(1)(a), (b) or (c).
e. Emergency grounds exist
for the exercise of temporary emergency ____
jurisdiction because the child is present in this state and has
been abandoned; or
Emergency grounds exist for the exercise of temporary emergency ____
jurisdiction because it is necessary to protect the child because the
child, or a sibling or parent of the child, is subjected to or threatened
with mistreatment or abuse under ORS 109.751.
f. Because a previous child
custody, parenting time, guardianship ____
or juvenile dependency determination has been made in
_________ (State/Tribe/Country), the custody
and parenting time provisions in this order remain in effect for
one year or until _________ (State/Tribe/Country)
issues an order, whichever occurs first;
Because a child custody, parenting time, guardianship or juvenile ____
dependency proceeding has been commenced in _________
(State/Tribe/Country), the custody and parenting time provisions
in this order remain in effect for one year or until
_________ (State/Tribe/Country) issues an order,
whichever occurs first; or
No child custody, parenting time, guardianship or juvenile dependency ____
determination has been issued or proceeding commenced in another
state, tribe or country having jurisdiction under ORS 109.701 to
109.834. The custody and parenting time provisions in this order
shall become a final determination for purposes of ORS 109.701 to
109.834 if Oregon becomes the home state of the child.
IT IS HEREBY ORDERED that:
Petitioner's Request Judge's Initials
[ ] 1. Respondent is restrained (prohibited) from intimidating, ____
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with
or menace petitioner.
[ ] 2. Respondent is restrained
(prohibited) from intimidating, ____
molesting, interfering with or menacing any minor children in
petitioner's custody, or attempting to intimidate, molest,
interfere with or menace any minor children
in petitioner's custody:
_________________________
_________________________
[ ] 3. Respondent is restrained
(prohibited) from entering, or ____
attempting to enter:
(Include names and address unless withheld for safety reasons.)
[ ] Petitioner's current or subsequent residence. ____
[ ] Petitioner's business or place of employment. ____
[ ] Petitioner's school. ____
[ ] Other locations. ____
[ ] The area surrounding petitioner's current ____
or subsequent residence or petitioner's
school, business, place of employment
or other named premises described as
follows (specifically describe area):
_________________________
_________________________
[ ] 4. Respondent is restrained
(prohibited) from:
[ ] Contacting, or attempting to contact, petitioner by telephone. ____
[ ] Contacting, or attempting to contact, petitioner by mail. ____
[ ] 5. Respondent is restrained
(prohibited) from entering, or
attempting to enter:
[ ] The premises of the children's day care provider. ____
[ ] The children's school. ____
[ ] 6. Respondent shall move
from and not return to the
residence located at _________ except with a
peace officer in order to remove essential personal
effects of the respondent, and if the respondent
is the legal custodian, essential personal effects
of respondent's children, including, but not
limited to: clothing, toiletries, diapers, medica-
tions, social security cards, birth certificates,
identification and tools of the trade.
[ ] 7. A peace officer shall
accompany the petitioner to the ____
parties' residence in order to remove essential personal
effects of petitioner, and if the petitioner is the legal
custodian, essential personal effects of the petitioner's
children, including, but not limited to: clothing,
toiletries, diapers, medications, social security cards,
birth certificates, identification and tools of the trade.
[ ] 8. Petitioner is awarded
custody of the following children ____
of the parties, subject to the parenting time terms set
forth below.
Name: ____________
Age: _______
Name: ____________
Age: _______
[ ] 9. Respondent is awarded
custody of the following child- ____
ren of the parties, subject to the parenting time terms set
forth below.
Name: ____________
Age: _______
Name: ____________
Age: _______
[ ] 10. A peace officer of
the county or city in which the child- ____
ren are located shall assist in recovering the custody of
the children of the above parties whose custody has been
awarded to petitioner. The peace officer is authorized to
use any reasonable force necessary to that end.
[ ] 11. Other relief:
_____________ ____
_______________________
_______________________
IT IS FURTHER ORDERED that the party not awarded custody shall be allowed
parenting time as set forth below:
Petitioner's Request Judge's Initials
[ ] 12. NO PARENTING TIME
due to _________ ____
_______________________
_______________________
[ ] 13. SUPERVISED PARENTING
TIME: Three hours per week, ____
Supervised by:
As follows:
(day of week, location, times)
[ ] 14. Once per week on
_______ (day) from ____ ____
a.m./p.m. to ____ a.m./p.m.
[ ] 15. On the FIRST and
THIRD weekends of each month ____
from 7:00 p.m. Saturday to 7:00 p.m. Sunday.
The first weekend is the one in which both
Saturday and Sunday are in the new month.
[ ] 16. On the FIRST and
THIRD weekends of each month ____
from 7:00 p.m. Friday to 7:00 p.m. Sunday.
The first weekend is the one in which both
Saturday and Sunday are in the new month.
[ ] 17. OTHER PARENTING TIME
AS FOLLOWS: ____
_______________________
_______________________
[ ] 18. Parenting time details
not provided for in this ORDER, ____
including the days or hours of parenting time, shall be
arranged through _____________.
[ ] 19. The parent not awarded
custody will pick up and return ____
the children at the curb, or driveway if no curb, of the
residence of the custodial parent or at ______
(name and address of different location) no more than
15 minutes early nor 15 minutes late.
IF RESPONDENT IS NOT AWARDED CUSTODY AND
IF RESPONDENT IS OTHERWISE PROHIBITED
FROM BEING AT PETITIONER'S RESIDENCE,
RESPONDENT MAY BE AT THE CURB, OR DRIVE-
WAY IF NO CURB, OF PETITIONER'S RESIDENCE
FOR A MAXIMUM OF FIVE MINUTES AT THE
PARENTING TIME HOUR SPECIFIED IN THE ORDER
TO PICK UP OR RETURN THE CHILDREN OR AT ANY
OTHER TIME THE PARTIES AGREE TO.
[ ] 20. No further service
is necessary because respondent ____
appeared in person before the Court.
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER IS $5,000 unless
otherwise specified.
Other Amount ($ )
THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR A PERIOD
OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR SUPERSEDED, WHICHEVER
OCCURS FIRST.
DATED this ____ day of ___________, 2___.
__________________________
CIRCUIT COURT JUDGE (signature)
__________________________
CIRCUIT COURT JUDGE (printed)
___________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _______
AFFIDAVIT OF PROOF OF SERVICE
No. ____
_____,
Petitioner,
vs.
_____,
Respondent
.
STATE OF
OREGON
ss.
County of ____
I am a resident of the State of Oregon. I am a competent person 18 years
of age or older. I am not an attorney for or a party to this case, or an
officer, director or employee of any party to this case.
On the ____ day of _____, 2___, I served the Restraining Order to Prevent
Abuse and the Petition for Restraining Order to Prevent Abuse in this case
personally upon the above-named respondent in _______ County by delivering
to the respondent a copy of those papers, each of which was certified to
be a true copy of each original.
___________________
Signature of _________
SUBSCRIBED AND SWORN TO before me this ____ day of _____, 2___.
_____________________________
NOTARY PUBLIC FOR OREGON
My Commission Expires: _____
___________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _______
MOTION AND ORDER OF DISMISSAL
No. ____
_____,
Petitioner,
vs.
_____,
Respondent.
Comes now petitioner, ______, and moves this Court for an order allowing
the voluntary withdrawal and dismissal of the Restraining Order on file herein.
_____________
Petitioner
SUBSCRIBED AND SWORN TO before me this ____ day of _____, 2___.
_____________________________
NOTARY PUBLIC FOR OREGON
My Commission Expires: _____
IT IS SO ORDERED this ___ day of ____, 2__.
_____________
JUDGE
___________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _______
NOTICE TO RESPONDENT
No. _____
_____,
D.O.B. ____
(Family Abuse Prevention Act
Petitioner, )
and
_____,
_____,
D.O.B. ____
Respondent.
THIS FORM MUST BE
ATTACHED TO SERVICE COPY
OF RESTRAINING ORDER
TO RESPONDENT: A RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT WHICH AFFECTS
YOUR RIGHTS AND IS NOW IN EFFECT. THIS ORDER BECOMES EFFECTIVE IMMEDIATELY.
IF YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER, YOU MUST COMPLETE
THIS FORM AND MAIL OR DELIVER IT TO:
REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU RECEIVE THE ORDER.
YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE NUMBER WITH YOUR REQUEST FOR
A HEARING. THE HEARING WILL BE HELD WITHIN 21 DAYS, OR WITHIN FIVE DAYS IF
YOU ARE CONTESTING A CUSTODY PROVISION (NOT PARENTING TIME). AT THE HEARING,
A JUDGE WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.
THE ONLY PURPOSE OF THIS HEARING WILL BE TO DETERMINE IF THE TERMS OF THE
COURT'S ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.
IF YOU DO NOT REQUEST A HEARING WITHIN THE TIME ALLOWED BY LAW, THIS RESTRAINING
ORDER WILL BE CONFIRMED BY OPERATION OF LAW. THAT MEANS THAT THIS RESTRAINING
ORDER WILL CONTINUE IN EFFECT AS ISSUED BECAUSE YOU HAVE BEEN GIVEN BUT HAVE
NOT EXERCISED YOUR RIGHTS TO REQUEST AND PARTICIPATE IN A HEARING. OREGON
LAW CONSIDERS THIS CONFIRMATION SUFFICIENT TO MEET THE REQUIREMENTS OF FEDERAL
LAW THAT MAY PROHIBIT YOU FROM POSSESSING A FIREARM OR FIREARM AMMUNITION
WHILE THIS RESTRAINING ORDER IS IN EFFECT.
KEEP IN MIND THAT THE RESTRAINING ORDER YOU HAVE RECEIVED IS IN EFFECT AND
REMAINS IN EFFECT UNTIL THE COURT THAT ISSUED THE ORDER MODIFIES IT OR DISMISSES
IT OR UNTIL IT EXPIRES. THE ORDER MAY ALSO BE RENEWED UPON A FINDING THAT
A PERSON IN THE PETITIONER'S SITUATION WOULD REASONABLY FEAR FURTHER ACTS
OF ABUSE BY YOU IF THE ORDER IS NOT RENEWED. IF YOU ARE ARRESTED FOR VIOLATING
THIS ORDER, THE SECURITY AMOUNT (BAIL) IS $5,000, UNLESS A DIFFERENT AMOUNT
IS ORDERED BY THE COURT.
This restraining order, or any order continuing or changing this order, is
enforceable in every county in Oregon. It is also enforceable in all 50 states,
the District of Columbia, tribal lands and territories of the United States.
Violation of this restraining order, or any order continuing or changing
this order, constitutes contempt of court, punishable by a fine of up to
$500 or one percent of your annual gross income, whichever is greater, or
a jail term of up to six months, or both. Other sanctions may also be imposed
for contempt.
While this order, or any order continuing or changing this order, is in effect,
federal law may prohibit you from:
Traveling across state lines or tribal land lines with the intent to violate
this order and then violating this order.
Causing the petitioner to cross state lines or tribal land lines for your
purpose of violating the order.
Possessing, receiving, shipping or transporting any firearm or firearm
ammunition.
Whether or not a restraining order is in effect, federal law may prohibit
you from:
Traveling across state lines or tribal land lines with the intent to injure
the petitioner and then intentionally committing a crime of violence causing
bodily injury to the petitioner.
Causing the petitioner to travel across state lines or tribal land lines
if your intent is to cause bodily injury to the petitioner or if the travel
results in your causing bodily injury to the petitioner.
___________________________________________________________________
REQUEST FOR HEARING
I am the Respondent in the above-referenced action and I request a hearing
to contest all or part of the order as follows (mark one or more):
__ The order restraining me from contacting or attempting to contact the
petitioner.
__ The order granting child custody to the petitioner.
__ The terms of the parenting time order.
__ Other ___________
I (will) (will not) be represented by an attorney at the hearing.
Notice of the time and place of the hearing can be mailed to me at the address
below my signature.
Date: ___________
____________________________
SIGNATURE OF RESPONDENT
____________________________
____________________________
ADDRESS
____________________________
TELEPHONE NUMBER
(6) If the court orders relief:
(a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to provide the petitioner with one copy and to effect service and shall have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court. In addition and upon request by the petitioner, the clerk shall provide the petitioner, without charge, two exemplified copies of the petition and order.
(b) The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 107.720. When the order does not contain the respondent's date of birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall verify the respondent's date of birth with the respondent and shall record that date on the order or proof of service entered into the Law Enforcement Data System under ORS 107.720.
(c) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 107.700 to 107.732.
(7) If the county sheriff:
(a) Determines that the order and petition are incomplete, the order and petition shall be returned to the clerk of the court. The clerk of the court shall notify the petitioner, at the address provided by the petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within 10 days, the county sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.
(8)
(a) Within 30 days after a restraining order is served under this section, the respondent therein may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court and shall be in substantially the form provided in subsection (5) of this section.
(b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner of the date and time of such hearing, and shall supply the petitioner with a copy of the respondent's request for a hearing. The petitioner shall give to the clerk of the court information sufficient to allow such notification.
(c) The hearing shall not be limited to the issues raised in the respondent's request for hearing form. If the respondent seeks to raise an issue at the hearing not previously raised in the request for hearing form, or if the petitioner seeks relief at the hearing not granted in the original order, the other party shall be entitled to a reasonable continuance for the purpose of preparing a response to the issue.
(9) If the respondent fails to request a hearing within 30 days after a restraining order is served, the restraining order is confirmed by operation of law. The provisions of this section are sufficient to meet the due process requirements of 18 U.S.C. 922(g) in that the respondent received actual notice of the right to request a hearing and the opportunity to participate at the hearing but the respondent failed to exercise those rights.
[1981 c.780 s.4; 1983 c.561 s.2; 1985 c.629 s.4; 1987 c.805 s.4; 1989 c.605 s.1; 1991 c.303 s.2; 1991 c.382 s.2; 1991 c.724 s.22; 1993 c.375 s.2; 1993 c.643 s.2; 1995 c.637 s.5; 1995 c.794 s.1a; 1997 c.607 s.1; 1997 c.707 s.16; 1997 c.863 s.4; 1999 c.617 s.2; 1999 c.1052 ss.9,9a]
107.719 Removal of personal effects; party accompanied by peace officer.
(1) A peace officer who
accompanies a party removing essential personal effects pursuant to an order
issued under ORS 107.718 shall remain for up to 20 minutes and may temporarily
interrupt the removal of property at any time. Nothing in this subsection
shall affect a peace officer's duty to arrest under ORS 133.055 and 133.310.
(2) The party removing essential
personal effects from the residence pursuant to an order issued under ORS
107.718 is entitled to be accompanied by a peace officer on one occasion
only.
(3) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 107.718 shall have immunity from any liability, civil or criminal, for any actions of the party committed during the removal of essential personal effects.
[1989 c.605 s.3]
Note: 107.719 was added to and made a part of ORS chapter 107 by
legislative action but was not added to any series therein. See Preface to
Oregon Revised Statutes for further explanation.
107.720 Enforcement of restraining orders; sheriff's proceedings; contempt hearings; security.
(1)
(a) Whenever a restraining order, as authorized by ORS 107.095 (1)(c) or (d), 107.716 or 107.718 which includes a security amount and an expiration date pursuant to ORS 107.095, 107.716 or 107.718 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 proof of service, when required, and a true copy of the order, the county sheriff shall forthwith enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice. The sheriff shall also provide the petitioner with a true copy of the proof of service. 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 or tribal land in the state. The 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 and the databases of the National Crime Information Center of the United States Department of Justice.
(b) When a restraining order has been entered into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice under paragraph (a) of this subsection, a county sheriff shall cooperate with a request from a law enforcement agency from any other jurisdiction to verify the existence of the restraining order or to transmit a copy of the order to the requesting jurisdiction.
(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 107.718, the restraining order shall not be terminated upon a motion for dismissal by the 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 and the databases of the National Crime Information Center of
the United States Department of Justice.
(4) Pending a contempt hearing for alleged violation of a restraining order issued pursuant to ORS 107.095 (1)(c) or (d), 107.716 or 107.718, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Whenever such restraining order is issued, the issuing court shall set a security amount for the violation of such order.
[1977 c.845 s.8; 1979 c.522 s.1; 1981 c.780 s.7; 1983 c.561 s.3; 1991 c.382 s.1; 1993 c.188 s.10; 1999 c.1052 s.1
107.721 Petitioner's change of residence.
If the court does not award parenting time under ORS 107.718 to the parent who committed abuse, the petitioner may move to a residence more than 60 miles from the other parent without giving notice to the other parent of the change of residence. However, the petitioner shall give to the clerk of the court information sufficient to allow notification under ORS 107.718 (8).
[1999 c.762 s.4]
107.722 Effect of dissolution, separation or annulment decree or modification order on abuse prevention order.
The provisions of an order or modification to an order issued under ORS 107.095 (1)(b), 107.105, 109.103 or 109.155 supersede contrary provisions of a preexisting order issued under ORS 107.700 to 107.732, except an order issued under ORS 107.095 (1)(b) shall only supersede a preexisting order issued under ORS 107.700 to 107.732 if the party requesting temporary relief consolidates the subsequently filed matter with the preexisting matter filed under ORS 107.700 to 107.732 and provides the nonmoving party with notice and an opportunity for a hearing.
[1987 c.805 s.6; 1995 c.637 s.6]
107.725 Renewal of order entered under ORS 107.716 or 107.718.
The court may renew an order entered under ORS 107.716 or 107.718 upon a finding that a person in the petitioner's situation would reasonably fear further acts of abuse by the respondent if the order is not renewed. A finding that there has been a further act of abuse is not required. A court may renew an order on the basis of a sworn, ex parte petition alleging facts supporting the required finding. If the renewal order is granted, the provisions of ORS 107.716 (4) and 107.718 (6) to (8) apply except that the court may hear no issue other than the basis for renewal unless requested in the hearing request form and thereafter agreed to by the petitioner. The court shall hold a hearing required under this section within 21 days after the respondent's request. The provisions of this section apply to any order entered under ORS 107.716 or 107.718 that is in effect on August 15, 1997.
[1985 c.629 s.46; 1997 c.863 s.7; 1999 c.1052 s.15]
107.726 Standing to petition for relief of person under 18 years of age.
A person who is under 18
years of age may petition the circuit court for relief under ORS 107.710
if:
(1) The person is:
(a) The spouse of the respondent;
(b) The former spouse of the respondent; or
(c) A person who has been in a sexually intimate relationship with the respondent; and
(2) The respondent is 18 years of age or older.
[1993 c.643 s.4]
107.730 Modification of custody and parenting time provisions of order entered under ORS 107.700 to 107.732.
(1) At any time after an
order has been issued under ORS 107.700 to 107.732 and after the time period
set forth in ORS 107.718 (8)(a), a party may request that the court modify
terms in the order that provide for custody and parenting time.
(2) The clerk of the court
shall provide without charge the number of certified true copies of the request
for modification of the order and notice of hearing necessary to effect service
and, at the election of the party requesting the modification, shall have
a true copy of the request and notice delivered to the county sheriff for
service upon the other party.
(3) Service shall be in the
manner provided by law for service of summons. The county sheriff shall serve
the other party personally unless the party requesting the modification elects
to have the other party served personally by a private party.
(4) The provisions of ORS 107.716 (4) apply to a modification of an order under this section.
[1985 c.629 s.6; 1995 c.637 s.7; 1997 c.707 s.17; 1999 c.1052 s.16]
107.732 Recovering custody of child.
(1) An order or a modification
to an order issued under ORS 107.700 to 107.732 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.
(2) 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 to 107.732, except for intentional torts outside the scope of the peace officer's duties.
[1995 c.637 s.9]
STALKING
163.730 Definitions for ORS 30.866 and 163.730 to 163.750.
As used in ORS 30.866 and
163.730 to 163.750, unless the context requires otherwise:
(1) “Alarm” means to cause apprehension or fear resulting from the perception of danger.
(2) “Coerce” means to restrain, compel or dominate by force or threat.
(3) “Contact” includes but is not limited to:
(a) Coming into the visual or physical presence of the other person;(b) Following the other person;
(c) Waiting outside the home, property, place of work or school of the other person or of a member of that person's family or household; (d) Sending or making written communications in any form to the other person; (e) Speaking with the other person by any means; (f) Communicating with the other person through a third person; (g) Committing a crime against the other person; (h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person's relationship with the other person; (i) Communicating with business entities with the intent of affecting some right or interest of the other person; (j) Damaging the other person's home, property, place of work or school; or (k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person.
(4) “Household member” means any person residing in the same residence as the victim.
(5) “Immediate family” means father, mother, child, sibling, parent, spouse, grandparent, stepparent and stepchild.
(6) “Law enforcement officer” means any person employed in this state as a police officer by a county sheriff, constable, marshal or municipal or state police agency.
(7) “Repeated” means two or more times.
(8) “School” means a public or private institution of learning or a child care facility.
[1993 c.626 s.1; 1995 c.278 s.27; 1995 c.353 s.1]
Note: 163.730 to 163.753 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
163.732 Stalking.
(1) A person commits the crime of stalking if:
(a) The person knowingly alarms or coerces another person or a member of that person's immediate family or household by engaging in repeated and unwanted contact with the other person;(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.
(2)
(a) Stalking is a Class A misdemeanor.(b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if the person has a prior conviction for:
(A) Stalking; or(B) Violating a court's stalking protective order.
(c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.
[1993 c.626 s.2; 1995 c.353 s.2]
Note: See note under 163.730.
163.735 Citation; form.
(1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days and show cause why the court should not enter a court's stalking protective order when the officer has probable cause to believe that:
(a) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person;(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.
(2) The Department of State Police shall develop and distribute a form for the citation. The form shall be uniform throughout the state and shall contain substantially the following in addition to any other material added by the department:
OFFICER:______________
AGENCY:______________
PETITIONER:_____________
PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:__________
RESPONDENT:____________
On behalf of petitioner, I affirm that I am a law enforcement officer in the State of Oregon.
You, the respondent, must appear at ___________ (name and location of court at which respondent is to appear) on ______ (date and time respondent is to appear in court). At this hearing, you must be prepared to establish why the court should not enter a court's stalking protective order which shall be for an unlimited duration unless limited by law or court order. If you fail to appear at this hearing, the court shall immediately issue a warrant for your arrest and shall enter a court's stalking protective order.
If the court issues a stalking protective order at this hearing, and while the protective order is in effect, federal law may prohibit you from:
Traveling across state lines or tribal land lines with the intent to violate this order and then violating this order.
Causing the person protected by the order, if the person is your spouse or intimate partner, to cross state lines or tribal land lines for your purpose of violating the order.
Possessing, receiving, shipping or transporting any firearm or firearm ammunition.
Whether or not a stalking protective order is in effect, federal law may prohibit you from:
Traveling across state lines or tribal land lines with the intent to injure or harass another person and during, or because of, that travel placing that person in reasonable fear of death or serious bodily injury to that person or to a member of that person's immediate family.
Traveling across state lines or tribal land lines with the intent to injure your spouse or intimate partner and then intentionally committing a crime of violence causing bodily injury to that person.
Causing your spouse or intimate partner to travel across state lines or tribal land lines if your intent is to cause bodily injury to that person or if the travel results in your causing bodily injury to that person.
It has been alleged that you have alarmed or coerced the petitioner, or person to be protected if other than the petitioner. If you engage in contact that alarms or coerces the petitioner, or person to be protected if other than the petitioner, in violation of ORS 163.732, you may be arrested for the crime of stalking.
Date: ______ Time: ______
Signed: ______________________
(Respondent)
Signed: ______________________
(Law enforcement officer).
[1993 c.626 s.3; 1995 c.353 s.3; 1999 c.1052 s.10]
Note: See note under 163.730.
163.738 Effect of citation; contents; hearing; court's stalking protective order.
(1)
(a) A citation shall notify the respondent of a circuit court hearing where the respondent shall appear at the place and time set forth in the citation. The citation shall contain:(A) The name of the court at which the respondent is to appear;(B) The name of the respondent;
(C) A copy of the stalking complaint;
(D) The date, time and place at which the citation was issued;
(E) The name of the law enforcement officer who issued the citation;
(F) The time, date and place at which the respondent is to appear in court;
(G) Notice to the respondent that failure to appear at the time, date and place set forth in the citation shall result in the respondent's arrest and entry of a court's stalking protective order; and
(H) Notice to the respondent of potential liability under federal law for the possession or purchase of firearms or firearm ammunition and for other acts prohibited by 18 U.S.C. 2261 to 2262.
(b) The officer shall notify the petitioner in writing of the place and time set for the hearing.
(2)
(a) The hearing shall be held as indicated in the citation. At the hearing, the petitioner may appear in person or by telephonic appearance. The respondent shall be given the opportunity to show cause why a court's stalking protective order should not be entered. The hearing may be continued for up to 30 days. The court may enter:(A) A temporary stalking protective order pending further proceedings; or(B) A court's stalking protective order if the court finds by a preponderance of the evidence that:
(i) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person;(ii) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and
(iii) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.
(b) In the order, the court shall specify the conduct from which the respondent is to refrain, which may include all contact listed in ORS 163.730 and any attempt to make contact listed in ORS 163.730. The order is of unlimited duration unless limited by law. If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent's ability to possess firearms and ammunition or engage in activities involving firearms.
(3) The circuit court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.
(4) If the respondent fails to appear at the time, date and place specified in the citation, the circuit court shall issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent at court and shall enter a court's stalking protective order.
(5) The circuit court may also order the respondent to undergo mental health evaluation and, if indicated by the evaluation, treatment. If the respondent is without sufficient resources to obtain the evaluation or treatment, or both, the court shall refer the respondent to the mental health agency designated by the community mental health director for evaluation or treatment, or both.
(6) If the circuit court, the mental health evaluator or any other persons have probable cause to believe that the respondent is dangerous to self or others or is unable to provide for basic personal needs, the court shall initiate commitment procedures as provided in ORS 426.070 or 426.180.
(7) A law enforcement officer shall report the results of any investigation arising from a complaint under ORS 163.744 to the district attorney within three days after presentation of the complaint.
[1993 c.626 s.4; 1995 c.353 s.4; 1997 c.863 s.6; 1999 c.1052 s.2]
Note: See note under 163.730.
163.741 Service of order; entry of order into law enforcement data systems.
(1) Whenever a stalking protective order, as authorized by ORS 163.735 or 163.738, is issued and the person to be restrained has actual notice thereof, the person serving the order shall deliver forthwith to the county sheriff a true copy of the order and an affidavit of proof of service on which it is stated that personal service of the order was made on the respondent. 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 accompanying proof of service is not necessary. Upon receipt of proof of service, when required, and a true copy of the order, the county sheriff shall forthwith enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice. The sheriff shall also provide the complainant with a true copy of the proof of service. 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 complainant 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 and the databases of the National Crime Information Center of the United States Department of Justice.
(2) When a stalking protective order has been entered into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice under subsection (1) of this section, a county sheriff shall cooperate with a request from a law enforcement agency from any other jurisdiction to verify the existence of the stalking protective order or to transmit a copy of the order to the requesting jurisdiction.
(3) When a stalking protective order described in subsection (1) of this section is terminated by order of the court, 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 the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice.
[1993 c.626 s.5; 1999 c.1052 s.3]
Note: See note under 163.730.
163.744 Initiation of action to obtain a citation; complaint form.
(1) A person may initiate an action seeking a citation under ORS 163.735 by presenting a complaint to a law enforcement officer or to any law enforcement agency. The complaint shall be a statement setting forth with particularity the conduct that is the basis for the complaint. The petitioner must affirm the truth of the facts in the complaint.
(2) The Department of State Police shall develop and distribute the form of the complaint. The form shall include the standards for reviewing the complaint and for action. The form shall be uniform throughout the state and shall include substantially the following material:
STALKING COMPLAINT
Name of petitioner (person presenting complaint): _______________
Name of person being stalked if other than the petitioner: _____________
______________________________
Name of respondent (alleged
stalker):
______________________________
Description of respondent:
______________________________
______________________________
______________________________
Length of period of
conduct:
______________________________
______________________________
Description of relationship
(if any) between petitioner or person being stalked, if other than the
petitioner, and respondent:
______________________________
______________________________
Description of contact:
______________________________
______________________________
______________________________
______________________________
______________________________
Subscribed to and affirmed by:
______________________________
(signature of petitioner)
(printed name of petitioner)
______________________________
Dated: ___________________
(3) A parent may present a complaint to protect a minor child. A guardian may present a complaint to protect a dependent person.
(4) By signing the complaint, a person is making a sworn statement for purposes of ORS 162.055 to 162.425.
[1993 c.626 s.6; 1995 c.353 s.5]
Note: See note under 163.730.
163.747 [1993 c.626 s.7; repealed by 1995 c.353 s.10]
163.750 Violating court's stalking protective order.
(1) A person commits the crime of violating a court's stalking protective order when:
(a) The person has been served with a court's stalking protective order as provided in ORS 30.866 or 163.738 or if further service was waived under ORS 163.741 because the person appeared before the court;(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and
(c) If the conduct is prohibited contact as defined in ORS 163.730 (3)(d), (e), (f), (h) or (i), the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order.
(2)
(a) Violating a court's stalking protective order is a Class A misdemeanor.(b) Notwithstanding paragraph (a) of this subsection, violating a court's stalking protective order is a Class C felony if the person has a prior conviction for:
(A) Stalking; or(B) Violating a court's stalking protective order.
(c) When violating a court's stalking protective order is a Class C felony pursuant to paragraph (b) of this subsection, violating a court's stalking protective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.
[1993 c.626 s.8; 1995 c.353 s.7]
Note: See note under 163.730.
163.753 Immunity of officer acting in good faith.
A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation under ORS 163.735.
[1993 c.626 s.11; 1995 c.353 s.9]
Note: See note under 163.730.
163.755 Conduct protected by labor laws.
Nothing in ORS 30.866 or 163.730 to 163.750 shall be construed to permit the issuance of a court's stalking protective order under ORS 30.866 or 163.738, a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866 for conduct that is authorized or protected by the labor laws of this state or of the United States.
[1995 c.353 s.8]
Note: 163.755 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
