Oregon Revised Statute - ORS 107.718
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 other within 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.
You can obtain the required forms at the Multnomah County Courthouse, Room 211.
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