ORS 107.716
Hearing

order
certificate of compliance
effect on title to real property
no undertaking required

Text
Annotations 2

(1)

If the respondent requests a hearing pursuant to ORS 107.718 (Restraining order) (10), the court shall hold the hearing within 21 days after the request. However, if the respondent contests the order granting temporary child custody to the petitioner, the court shall hold the hearing within five days after the request.

(2)

Intentionally left blank —Ed.

(a)

If the court determines under ORS 107.718 (Restraining order) (2) that exceptional circumstances exist that affect the custody of a child, the court shall hold a hearing within 14 days after issuance of the restraining order. The clerk of the court shall provide a notice of the hearing along with the petition and order to the petitioner and, in accordance with ORS 107.718 (Restraining order) (8), to the county sheriff for service on the respondent.

(b)

The respondent may request an earlier hearing, to be held within five days after the request. The hearing request form shall be available from the clerk of the court in the form prescribed by the State Court Administrator under ORS 107.718 (Restraining order) (7). If the respondent requests an earlier hearing, the clerk of the court shall notify the parties of the scheduled hearing date by mailing a notice of the time and place of hearing to the addresses provided in the petition or, for the respondent, to the address provided in the request for hearing, or as otherwise designated by a party.

(c)

When the court schedules a hearing under this subsection, the respondent may not request a hearing under ORS 107.718 (Restraining order) (10).

(3)

In a hearing held pursuant to subsection (1) or (2) of this section:

(a)

The court may continue any order issued under ORS 107.718 (Restraining order) if the court finds that:

(A)

Abuse has occurred within the period specified in ORS 107.710 (Petition to circuit court for relief) (1);

(B)

The petitioner reasonably fears for the petitioner’s physical safety; and

(C)

The respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child.

(b)

The court may cancel or change any order issued under ORS 107.718 (Restraining order) and may assess against either party a reasonable attorney fee and such costs as may be incurred in the proceeding.

(4)

Intentionally left blank —Ed.

(a)

If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing held pursuant to ORS 107.718 (Restraining order) (2) or (10), the court may extend the date of the hearing for up to five days so that the party may seek representation.

(b)

If one party is represented by an attorney at a hearing held pursuant to ORS 107.718 (Restraining order) (2) or (10), the court may extend the date of the hearing for up to five days at the other party’s request so that the other party may seek representation.

(5)

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:

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.

(6)

The court may 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 (Petition to circuit court for relief). 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 (Restraining order), or until superseded as provided in ORS 107.722 (Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order).

(7)

No order or agreement made under ORS 107.705 (Definitions for ORS 107.700 to 107.735) to 107.720 (Enforcement of restraining orders), 133.310 (Authority of peace officer to arrest without warrant) and 133.381 (Procedure in arrests for violation of certain restraining orders) shall in any manner affect title to any real property.

(8)

No undertaking shall be required in any proceeding under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator).

(9)

Any proceeding under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) shall be in addition to any other available civil or criminal remedies. [1981 c.780 §6 (enacted in lieu of 107.715); 1985 c.629 §3; 1987 c.805 §3; 1995 c.637 §4; 1995 c.794 §2; 1997 c.707 §15; 1999 c.617 §5; 1999 c.1052 §14; 2005 c.536 §1; 2007 c.11 §6; 2019 c.144 §1]

Source: Section 107.716 — Hearing; order; certificate of compliance; effect on title to real property; no undertaking required, https://www.oregonlegislature.gov/bills_laws/ors/ors107.html.

Notes of Decisions

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)

Where parties did not have opportunity to be heard on issues of law or fact related to relief available under ORS 107.718 (1) and court was not asked to make determination on those issues, hearing was not “held pursuant to” ORS 107.718 (10) and court lacked statutory authority to award attorney fees under this section. Rhodes v. Gannon, 281 Or App 1, 381 P3d 869 (2016)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 107.716 Hearing

(1)

(2)

(a)

(b)

(c)

(3)

(a)

(A)

(B)

(C)

(b)

(4)

(a)

(b)

(5)

(6)

(7)

(8)

(9)

Notes of Decisions

ORS 107.716
Hearing