Oregon State Statutes - Oregon Attorney Directory

(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child, the court shall, if requested by the petitioner, order, for a period of one year or until the order is withdrawn or amended, or until the order is superseded as provided in ORS 107.722, whichever is sooner: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. ________

)

)

)

)

)

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.

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.

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___.

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?

______________________

______________________

______________________

Are there incidents other than those described in question 4 above, in which respondent has hurt or threatened to hurt you? If Yes, Explain:

______________________

______________________

______________________

I am in imminent danger of further abuse by respondent because:

______________________

______________________

______________________

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:

______________________

______________________

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: _______________

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):

__________________

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

)

)           ss.

)

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. ________

)

)

)

)

)

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

Petitioner and respondent are related as follows (check all that apply):

Petitioner and respondent are spouses.                                                                          _____

Petitioner and respondent are former spouses.                                                               _____

Petitioner and respondent are adult persons related by blood,                                        _____

marriage or adoption.

Petitioner and respondent are cohabiting or have cohabited                                            _____

with each other.

Petitioner and respondent have been involved in a sexually                                             _____

intimate relationship with each other within the last two years.

Petitioner and respondent are unmarried parents of a child.                                            _____

Petitioner is a minor and has been involved in a sexually                                                 _____

intimate relationship with respondent who is 18 years of age or older.

Additional findings:

Petitioner has been abused by respondent as defined by ORS 107.705.                         _____

The abuse of petitioner by respondent occurred within the last                                       _____

180 days as provided in ORS 107.710.

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.

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:

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).

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).

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).

No court of any other state has jurisdiction under ORS 109.741                                    _____

(1)(a), (b) or (c).

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.

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:

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 re-                                              _____

sidence 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 _________

)

)           No. _____

)

)           AFFIDAVIT OF PROOF

)           OF SERVICE

)

)

)

)

)

)           ss.

)

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 _________

)

)           No. _____

)

)           MOTION AND ORDER

)           OF DISMISSAL

)

)

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

)           (Family Abuse

)           Prevention Act)

)

)           No. ______

)______,

)

)

)

)

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 §4; 1983 c.561 §2; 1985 c.629 §4; 1987 c.805 §4; 1989 c.605 §1; 1991 c.303 §2; 1991 c.382 §2; 1991 c.724 §22; 1993 c.375 §2; 1993 c.643 §2; 1995 c.637 §5; 1995 c.794 §1a; 1997 c.607 §1; 1997 c.707 §16; 1997 c.863 §4; 1999 c.617 §2; 1999 c.1052 §§9,9a]

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