Offenses Against Persons
Renewal and modification of restraining order
(1)(a) A circuit court may renew a restraining order entered under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional sexual abuse is not required.
(b)A circuit court may renew a restraining 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 163.765 (Restraining order) (4) to (8) and 163.767 (Hearing) (3) 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. The circuit court shall hold a hearing required under this paragraph within 21 days after the respondent’s request.
(2)At any time after the time period set forth in ORS 163.765 (Restraining order) (6):
(a)A party may request that the circuit court modify terms in the restraining order for good cause shown.
(b)A petitioner may request that the circuit court remove terms in the restraining order or make terms in the order less restrictive. Application to the circuit court under this paragraph may be by ex parte motion.
(3)The clerk of the court shall provide without charge the number of certified true copies of the request for modification of the restraining 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.
(4)The county sheriff shall serve the other party with a request for modification of a restraining order under subsection (2)(a) of this section by personal service, unless the party requesting the modification elects to have the other party personally served by a private party or unless otherwise ordered by the circuit court.
(5)The provisions of ORS 163.767 (Hearing) (3) apply to a modification of a restraining order under this section.
(6)The clerk of the court shall deliver a copy of an order of modification entered under this section to the county sheriff for service and entry into the Law Enforcement Data System as provided in ORS 163.773 (Enforcement of restraining order).
(7)(a) The county sheriff shall serve a copy of an order of modification:
(A)Entered under subsection (2)(a) of this section by personal service on the nonrequesting party.
(B)Entered under subsection (2)(b) of this section by mailing a copy of the order of modification to the respondent by first class mail.
(b)If the order of modification recites that the respondent appeared in person before the circuit court, the necessity for service of the order and proof of service is waived.
(8)A restraining order entered under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) may not be terminated on motion of the petitioner, unless the motion is notarized. [2013 c.687 §7; 2015 c.121 §24]
Law Review Citations
51 OLR 427-637 (1972)