Offenses Against Persons
Petition to circuit court for relief
- burden of proof
(1)A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if:
(a)The person and the respondent are not family or household members;
(b)The respondent is at least 18 years of age; and
(c)The respondent is not prohibited from contacting the person pursuant to a foreign restraining order as defined in ORS 24.190 (Foreign restraining orders), an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order), 124.015 (Hearing upon request of respondent), 124.020 (Ex parte hearing), 163.738 (Effect of citation) or 419B.845 (Restraining order when child abuse alleged) or an order entered in a criminal action.
(2)(a) A petition seeking relief under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) must be filed in the circuit court for the county in which the petitioner or the respondent resides. The petition may be filed, without the appointment of a guardian ad litem, by a person who is at least 12 years of age or by a parent or lawful guardian of a person who is under 18 years of age.
(b)The petition must allege that:
(A)The petitioner reasonably fears for the petitioner’s physical safety with respect to the respondent; and
(B)The respondent subjected the petitioner to sexual abuse.
(c)The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury.
(d)The petitioner has the burden of proving a claim under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) by a preponderance of the evidence. [2013 c.687 §2; 2015 c.121 §22; 2019 c.353 §1]
Law Review Citations
51 OLR 427-637 (1972)