Section 163.770 – Appearance by telephone or electronic communication device.
(1) A party may file a motion under ORS 45.400 requesting that the circuit court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 163.760 to 163.777. (2) In determining whether to allow written notice less than 30 days before the […]
Section 163.773 – Enforcement of restraining order; service by sheriff; termination order; contempt proceeding.
(1)(a) When a restraining order is issued in accordance with ORS 163.760 to 163.777 and the person to be restrained has actual notice of the restraining order, the clerk of the court or any other person serving the petition and the restraining order shall immediately deliver to a county sheriff copies of the petition and […]
Section 163.775 – Renewal and modification of restraining order.
(1)(a) A circuit court may renew a restraining order entered under ORS 163.760 to 163.777 upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional […]
Section 163.777 – Fees or undertaking may not be required; forms and brochures.
(1)(a) A filing fee, service fee or hearing fee may not be charged for proceedings seeking only the relief provided under ORS 163.760 to 163.777. (b) An undertaking may not be required in any proceeding under ORS 163.760 to 163.777. (2) A proceeding under ORS 163.760 to 163.777 is in addition to any other available […]
Section 163.767 – Hearing; order; certificate of compliance; consent agreement.
(1) If the respondent requests a hearing under ORS 163.765 (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765. (2)(a) If service of a notice of hearing is inadequate to provide a party […]
Section 163.738 – Effect of citation; contents; hearing; court’s order; use of statements made at hearing.
(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 […]
Section 163.741 – Service of stalking protective order; entry of order into law enforcement data systems.
(1) Service of a stalking protective order shall be made by personal delivery of a copy of the order to the respondent. The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court. (2) Whenever a stalking protective order, as authorized by ORS 163.735 […]
Section 163.744 – Initiation of action seeking 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 […]
Section 163.750 – Violating a 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 […]
Section 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 §11; 1995 c.353 §9] Note: See note under 163.730.