ORS 124.015
Hearing upon request of respondent

  • relief
  • settlement
  • effect of proceedings

(1)

The court shall hold a hearing within 21 days following the request, and may cancel or change any order issued under ORS 124.020 (Ex parte hearing) if the respondent, elderly person or person with a disability requests a hearing pursuant to ORS 124.020 (Ex parte hearing) (9).

(2)

In addition to the relief granted under ORS 124.020 (Ex parte hearing), the court, in a hearing held pursuant to subsection (1) of this section, may:

(a)

Require either party to move from any residence whose title or right to occupy such premises is held jointly by the parties; and

(b)

Assess against any party reasonable attorney fees and such costs as may be incurred in the hearing.

(3)

Intentionally left blank —Ed.

(a)

If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner or guardian petitioner so that the petitioner or guardian petitioner may seek representation.

(b)

If the elderly person or person with a disability is represented by an attorney, time for the hearing may be extended for up to five days at the request of the respondent or guardian petitioner so that the respondent or guardian petitioner may seek representation.

(4)

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 124.010 (Petition 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 124.020 (Ex parte hearing).

(5)

An order or agreement made under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or ORS 133.310 (Authority of peace officer to arrest without warrant) and 133.381 (Procedure in arrests for violation of certain restraining orders) may not in any manner affect title to any real property.

(6)

No undertaking shall be required in any proceeding under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title).

(7)

Any proceeding under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) shall be in addition to and not in lieu of any other available civil or criminal remedies.

(8)

Notwithstanding any right or remedy established in ORS chapter 90 or ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings), a petitioner or guardian petitioner may enforce an order issued under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title). [1995 c.666 §§5,5a; 2003 c.257 §3a; 2005 c.671 §9; 2007 c.70 §26]

Source: Section 124.015 — Hearing upon request of respondent; relief; settlement; effect of proceedings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html.

124.005
Definitions for ORS 124.005 to 124.040
124.010
Petition for relief
124.012
Filing of petitions
124.015
Hearing upon request of respondent
124.020
Ex parte hearing
124.022
Service of restraining order by sheriff
124.024
Notice to be given by guardian petitioner
124.025
Removal of personal effects
124.030
Proof of service of restraining order to be delivered to sheriff
124.035
Renewal of restraining order
124.040
Short title
124.050
Definitions for ORS 124.050 to 124.095
124.055
Policy
124.060
Duty of officials to report
124.065
Method of reporting
124.070
Duty to investigate
124.071
Deadline to complete abuse investigation
124.072
Required disclosure of protected health information to law enforcement agency
124.073
Training for abuse investigators
124.075
Immunity of person making report in good faith
124.077
Immunity for disclosure to prospective employer
124.080
Photographing of victim
124.085
Catalog of abuse records
124.087
Policies and guidelines to plan for development and standardization of certain resources and technologies
124.088
Certain privileges not grounds for excluding evidence in court proceedings
124.090
Confidentiality of records
124.095
Spiritual treatment not abuse
124.100
Definitions for ORS 124.100 to 124.140
124.105
Physical abuse subject to action
124.110
Financial abuse subject to action
124.115
Persons not subject to action
124.120
Relief available
124.125
Action by Attorney General, Department of Human Services, other agency or district attorney
124.130
Statute of limitation
124.135
Remedies not exclusive
124.140
Estoppel based on criminal conviction
124.990
Criminal penalty
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