Marital Dissolution, Annulment and Separation

ORS 107.725
Renewal of order entered under ORS 107.716 or 107.718


(1)

The court may renew an order entered under ORS 107.716 (Hearing) or 107.718 (Restraining order) upon a finding that:

(a)

A person in the petitioner’s situation would reasonably fear further acts of abuse by the respondent if the order is not renewed; or

(b)

A person in the situation of a child who was in the petitioner’s custody during the time the order existed, who was also included as a protected person in the order and who has reached 18 years of age since the date the order was entered would reasonably fear further acts of abuse by the respondent if the order is not renewed.

(2)

A finding that there has been a further act of abuse is not required to renew an order under subsection (1) of this section.

(3)

The court may renew an order under subsection (1)(b) of this section regardless of whether the original petitioner agrees to or seeks renewal of the order. If the petitioner does not agree to or seek renewal of the order concurrently with the request of the child who has reached 18 years of age, the court may modify the order upon renewal to exclude the petitioner as a protected person in the order. A child who has reached 18 years of age may seek renewal under this section without having to file a petition under ORS 107.710 (Petition to circuit court for relief).

(4)

A court may renew an order on the basis of an ex parte petition alleging facts supporting the required finding. The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. If the renewal order is granted, the provisions of ORS 107.716 (Hearing) (5) and 107.718 (Restraining order) (8) to (10) 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 or the child who has reached 18 years of age. The court shall hold a hearing required under this section within 21 days after the respondent’s request. [1985 c.629 §46; 1997 c.863 §7; 1999 c.1052 §15; 2003 c.14 §42; 2005 c.536 §9; 2011 c.206 §1; 2015 c.121 §15]
§§ 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