ORS 107.730
Modification of order entered under ORS 107.700 to 107.735
- service
- attorney fees
(1)
At any time after an order has been issued under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) and after the time period set forth in ORS 107.718 (Restraining order) (10)(a):(a)
A party may request that the court modify terms in the order that were entered under ORS 107.718 (Restraining order) (1)(a), (b), (g) or (i) for good cause shown.(b)
A petitioner may request that the court modify by removing or making less restrictive terms in the order that were entered under ORS 107.718 (Restraining order) (1)(b), (g) or (i) for good cause shown. Application to the court under this paragraph may be by ex parte motion.(2)
The clerk of the court shall provide without charge the number of certified true copies of the request for modification of the order and notice of hearing necessary to effect service and, at the election of the party requesting the modification, shall have a true copy of the request and notice delivered to the county sheriff for service upon the other party.(3)
The county sheriff shall personally serve the other party with a request under subsection (1)(a) of this section, unless the party requesting the modification under subsection (1)(a) of this section elects to have the other party personally served by a private party or unless otherwise ordered by the court.(4)
The provisions of ORS 107.716 (Hearing) (5) apply to a modification of an order under this section.(5)
The clerk of the court shall deliver a copy of an order of modification entered under subsection (1) of this section to the county sheriff for service and entry into the Law Enforcement Data System as provided in ORS 107.723 (Service of restraining order).(6)
Intentionally left blank —Ed.(a)
The county sheriff shall serve a copy of an order of modification:(A)
Entered under subsection (1)(a) of this section by personal service on the nonrequesting party.(B)
Entered under subsection (1)(b) of this section by mailing a copy of the order to the nonrequesting party by first class mail.(b)
If the order of modification recites that the respondent appeared in person before the court, the necessity for service of the order and proof of service is waived.(7)
The court may assess against either party a reasonable attorney fee and costs that may be incurred in the proceeding. [1985 c.629 §6; 1995 c.637 §7; 1997 c.707 §17; 1999 c.1052 §16; 2005 c.536 §10; 2007 c.22 §5; 2009 c.211 §1; 2011 c.269 §3; 2015 c.121 §16]
Source:
Section 107.730 — Modification of order entered under ORS 107.700 to 107.735; service; attorney fees, https://www.oregonlegislature.gov/bills_laws/ors/ors107.html.
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