Marital Dissolution, Annulment and Separation

ORS 107.705
Definitions for ORS 107.700 to 107.735

As used in ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator):

(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)

“Declaration under penalty of perjury” means a declaration under penalty of perjury in the form required by ORCP 1 E.

(4)

“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 (Petition to circuit court for relief).

(f)

Unmarried parents of a child.

(5)

“Interfere” means to interpose in a manner that would reasonably be expected to hinder or impede a person in the petitioner’s situation.

(6)

“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.

(7)

“Menace” means to act in a manner that would reasonably be expected to threaten a person in the petitioner’s situation.

(8)

“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 §5; 1979 c.161 §1; 1981 c.780 §1; 1985 c.629 §1; 1987 c.331 §3; 1987 c.805 §1; 1993 c.643 §1; 1995 c.637 §2; 1997 c.863 §8; 1999 c.617 §6; 1999 c.1052 §12; 2015 c.121 §12]

Notes of Decisions

Definition for "interfere" suggests behavior that constitutes direct interference with person protected by Family Abuse Prevention Act order. State v. Trivitt, 247 Or App 199, 268 P3d 765 (2011)

"Interference" as defined in Family Abuse Prevention Act requires direct physical or verbal contact with petitioner; sending email to petitioner's employer did not constitute interference. State v. Balero, 287 Or App 678, 402 P3d 739 (2017)

Law Review Citations

35 WLR 643 (1999)

§§ 107.700 to 107.735

Notes of Decisions

Criminal contempt proceeding for failure to obey restraining order issued pursuant to Family Abuse Prevention Act is not "criminal prosecution" within meaning of Article I, section 11 of Oregon Constitution. State ex rel Hathaway v. Hart, 70 Or App 541, 690 P2d 514 (1984), aff'd 300 Or 231, 708 P2d 1137 (1985); Bachman v. Bachman, 171 Or App 665, 16 P3d 1185 (2000), Sup Ct review denied

Existence of restraining order prohibiting petitioner from contacting respondent does not provide grounds for refusing to issue restraining order prohibiting respondent from contacting petitioner. Rosiles-Flores v. Browning, 208 Or App 600, 145 P3d 328 (2006)

Judgment holding individual in contempt of "stay away" portion of restraining order does not constitute violation of protection order under federal Immigration and Nationality Act. Szalai v. Holder, 572 F3d 975 (9th Cir. 2009)

Law Review Citations

33 WLR 971 (1997); 85 OLR 325 (2006)

Chapter 107

Notes of Decisions

Trial court has authority to establish liquidated sum as amount owed by spouse under settlement agreement. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Citations

55 OLR 267-277 (1976); 27 WLR 51 (1991)

Source

Last accessed
Jun. 26, 2021

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