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 163.770 – 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 163.760 – Definitions for ORS 163.760 to 163.777.
As used in ORS 163.760 to 163.777: (1) “Declaration under penalty of perjury,” “family or household members,” “interfere,” “intimidate,” “menace” and “molest” have the meanings given those terms in ORS 107.705. (2) “Sexual abuse” means sexual contact with: (a) A person who does not consent to the sexual contact; or (b) A person who is […]
Section 163.763 – Petition to circuit court for relief; burden of proof.
(1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if: (a) The person and the respondent are not family or household members; (b) The respondent is at least 18 years of age; and (c) The respondent […]
Section 163.765 – Restraining order; service of order; request for hearing; duration of order.
(1) When a petition is filed in accordance with ORS 163.763, 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 finding that it is objectively reasonable for a person in the petitioner’s situation to fear […]
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 […]