Offenses Against Persons

ORS 163.767
Hearing

  • order
  • certificate of compliance
  • consent agreement


(1)

If the respondent requests a hearing under ORS 163.765 (Restraining order) (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765 (Restraining order).

(2)

(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit 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 the hearing, the circuit 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.

(3)

If the circuit court continues the restraining order issued under ORS 163.765 (Restraining order), with or without modification, at a hearing about which the respondent received actual notice and the opportunity to be heard, the court shall include in the restraining order a certificate in substantially the following form in a separate section immediately above the signature of the judge:

AGAINST WOMEN ACT OF 1994
This protective order meets all full faith and credit requirements of the Violence Against Women Act of 1994, 18 U.S.C. 2265. 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 protective order is valid and entitled to enforcement in this and all other jurisdictions.

(4)

The circuit court may approve a consent agreement if the court determines that the agreement provides sufficient protections to the petitioner. The circuit 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 a restraining order issued under ORS 163.765 (Restraining order).

(5)

A restraining order entered under this section, or a consent agreement entered into under this section, shall continue for a period of five years from the date of the restraining order issued under ORS 163.765 (Restraining order) or, if the petitioner is under 18 years of age at the time of issuance, until the petitioner attains 19 years of age, whichever occurs later, unless the court enters a permanent order under ORS 163.765 (Restraining order) (8) or the restraining order is renewed, modified or terminated in accordance with ORS 163.775 (Renewal and modification of restraining order). [2013 c.687 §4; 2019 c.353 §3]
Note: See note under 163.760 (Definitions for ORS 163.760 to 163.777).
Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021