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Abuse Laws
Oregon
2001
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links by statute.
Oregon
Revised Statutes
Chapter 107
- Family Abuse Act
Chapter 163
- Stalking
(back to top)
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]
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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]
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107.715
[1977 c.845 s.7; repealed by 1981 c.780 s.5 (107.716 enacted
in lieu of 107.715)]
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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 inORS 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]
(back to top)
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]
(back to top)
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.
(back to top)
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
(back to top)
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]
(back to top)
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]
(back to top)
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]
(back to top)
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]
(back to top)
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]
(back to top)
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
(back to top)
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.
(back to top)
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.
(back to top)
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.
(back to top)
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.
(back to top)
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.
(back to top)
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.
(back to top)
163.747
[1993 c.626 s.7; repealed by 1995 c.353 s.10]
(back to top)
163.750
Violating court's stalking protective order.
(1) A person
commits th | 
