ORS 30.868
Civil damages for custodial interference

  • attorney fees

(1)

Any of the following persons may bring a civil action to secure damages against any and all persons whose actions are unlawful under ORS 163.257 (Custodial interference in the first degree) (1)(a):

(a)

A person who is 18 years of age or older and who has been taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a); or

(b)

A person whose custodial rights have been interfered with if, by reason of the interference:

(A)

The person has reasonably and in good faith reported a person missing to any city, county or state police agency; or

(B)

A defendant in the action has been charged with a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a).

(2)

An entry of judgment or a certified copy of a judgment against the defendant for a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is prima facie evidence of liability if the plaintiff was injured by the defendant’s unlawful action under the conviction.

(3)

Intentionally left blank —Ed.

(a)

For purposes of this section, a public or private entity that provides counseling and shelter services to victims of domestic violence is not considered to have violated ORS 163.257 (Custodial interference in the first degree) (1)(a) if the entity provides counseling or shelter services to a person who violates ORS 163.257 (Custodial interference in the first degree) (1)(a).

(b)

As used in this subsection, “victim of domestic violence” means an individual against whom domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), 181A.355 (Definitions for ORS 181A.355 to 181A.689) or 411.117 (Requirements when victims of domestic violence apply for or receive TANF), has been committed.

(4)

Bringing an action under this section does not prevent the prosecution of any criminal action under ORS 163.257 (Custodial interference in the first degree).

(5)

A person bringing an action under this section must establish by a preponderance of the evidence that a violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) has occurred.

(6)

It is an affirmative defense to civil liability for an action under this section that the defendant reasonably and in good faith believed that the defendant’s violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) was necessary to preserve the physical safety of:

(a)

The defendant;

(b)

The person who was taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a); or

(c)

The parent or guardian of the person who was taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a).

(7)

Intentionally left blank —Ed.

(a)

If the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is under 18 years of age at the time an action is brought under this section, the court may:

(A)

Appoint an attorney who is licensed to practice law in Oregon to act as guardian ad litem for the person; and

(B)

Appoint one of the following persons to provide counseling services to the person:
(i)
A psychiatrist.
(ii)
A psychologist licensed under ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures).
(iii)
A clinical social worker licensed under ORS 675.530 (License).
(iv)
A professional counselor or marriage and family therapist licensed under ORS 675.715 (Application).

(b)

The court may assess against the parties all costs of the attorney or person providing counseling services appointed under this subsection.

(8)

If an action is brought under this section by a person described under subsection (1)(b) of this section and a party shows good cause that it is appropriate to do so, the court may order the parties to obtain counseling directed toward educating the parties on the impact that the parties’ conflict has on the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). The court may assess against the parties all costs of obtaining counseling ordered under this subsection.

(9)

Upon prevailing in an action under this section, the plaintiff may recover:

(a)

Special and general damages, including damages for emotional distress; and

(b)

Punitive damages.

(10)

The court may award reasonable attorney fees to the prevailing party in an action under this section.

(11)

Intentionally left blank —Ed.

(a)

Notwithstanding ORS 12.110 (Actions for certain injuries to person not arising on contract), 12.115 (Action for negligent injury to person or property), 12.117 (Actions based on child abuse) or 12.160 (Suspension for minors and persons who have disabling mental condition), an action under this section must be commenced within six years after the violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). An action under this section accruing while the person who is entitled to bring the action is under 18 years of age must be commenced not more than six years after that person attains 18 years of age.

(b)

The period of limitation does not run during any time when the person taken, enticed or kept in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a) is removed from this state as a result of the defendant’s actions in violation of ORS 163.257 (Custodial interference in the first degree) (1)(a). [2005 c.841 §1; 2009 c.11 §5; 2009 c.442 §26]

Source: Section 30.868 — Civil damages for custodial interference; attorney fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html.

30.010
Who may maintain action for injury or death of child 30.020
Action for wrongful death 30.025
Placement of damages in lawyer trust account or other account before distribution 30.030
Distribution of damages 30.040
Apportionment among dependents upon settlement 30.050
Apportionment among dependents after judgment 30.060
Appeal from order of distribution or apportionment 30.063
Forfeiture of damages distributable to parent or stepparent for desertion or neglect 30.065
Petition for forfeiture 30.070
Settlement 30.075
Procedure upon death of injured person 30.080
Effect of death of wrongdoer 30.090
Appointment of administrator of estate of wrongdoer 30.100
Substitution of personal representative as party defendant 30.115
Aircraft and watercraft guest passengers 30.130
Public carriers by aircraft and prospective aircraft purchasers 30.135
Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle 30.136
Action to enforce right or remedy under Servicemembers Civil Relief Act 30.138
Remedies for violation of Servicemembers Civil Relief Act 30.140
Certain indemnification provisions in construction agreement void 30.145
Certain provisions relating to waivers in construction agreements void 30.178
Liability of employer for disclosing information about employee to new employer 30.180
Definitions for ORS 30.180 to 30.186 30.182
Civil action for taking of or tampering with utility services 30.184
Amount recoverable 30.186
Remedies not exclusive 30.192
Definitions for ORS 30.192 to 30.196 30.194
Prohibitions relating to cable services 30.195
Civil action for violation of prohibitions relating to cable services 30.196
Amount recoverable 30.198
Civil action for intimidation 30.200
Action by district attorney 30.210
To whom official bonds are security 30.220
Parties 30.230
Leave to begin action 30.240
Subsequent delinquencies on same bond 30.250
Amount of judgment 30.260
Definitions for ORS 30.260 to 30.300 30.261
Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations 30.262
Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300 30.265
Scope of liability of public body, officers, employees and agents 30.267
Liability for certain medical treatment at Oregon Health and Science University facilities 30.268
Liability for certain medical treatment at facilities other than Oregon Health and Science University 30.269
Limitations on awards under Oregon Tort Claims Act generally 30.271
Limitations on liability of state for personal injury and death 30.272
Limitations on liability of local public bodies for personal injury and death 30.273
Limitations on liability of public bodies for property damage or destruction 30.274
Direct appeal of constitutionality of limitations 30.275
Notice of claim 30.278
Reporting notice of claim of professional negligence to licensing board 30.282
Local public body insurance 30.285
Public body shall indemnify public officers 30.287
Counsel for public officer 30.290
Settlement of claims by local public body 30.295
Payment of judgment or settlement 30.297
Liability of certain state agencies for damages caused by foster child or adjudicated youth 30.298
Liability of certain state agencies to foster parents for injury or damage caused by foster child or adjudicated youth 30.300
ORS 30.260 to 30.300 exclusive 30.302
Certain retired health care providers to be considered agents of public bodies 30.310
Actions and suits by governmental units 30.312
Actions by governmental units under federal antitrust laws 30.315
Proceedings by cities and counties to enforce ordinances and resolutions 30.320
Contract and other actions and suits against governmental units 30.330
Contracts of Department of Transportation providing for arbitration 30.340
Title of proceedings by or against county 30.360
Governmental unit as defendant in actions involving liens on realty 30.370
Service of summons on Attorney General 30.380
Action by assignee of claim for money illegally charged or exacted 30.390
Satisfaction of judgment against public corporation 30.395
Settlement of certain claims against municipal corporations 30.400
Actions by and against public officers in official capacity 30.405
Injunction for criminal conduct related to employment or status of public servant 30.407
Request for hearing following issuance of order under ORS 30.405 30.410
In whose name action brought 30.420
Venue of action for forfeiture 30.430
Amount of penalty 30.440
Judgment by collusion not a bar 30.460
Payment of fines or costs in proceeding to enforce county ordinance or resolution 30.475
Legislative policy 30.480
Limitation on liability of volunteers 30.485
Apportionment of damages 30.490
Definitions for ORS 30.490 to 30.497 30.492
Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material 30.495
Exceptions to limitation 30.497
When limitation on liability not applicable 30.500
Definitions for ORS 30.500 and 30.505 30.505
Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws 30.510
Action for usurpation of office or franchise, forfeiture of office or failure to incorporate 30.520
Joinder of defendants 30.530
Determining right of person claiming an office or franchise 30.540
Rights of person adjudged entitled to office or franchise 30.550
Action for damages 30.560
Judgment against usurper 30.570
Action to annul corporate existence on direction of Governor 30.580
Action to annul corporate existence on leave of court 30.590
Judgment against corporation 30.600
Action to annul letters patent 30.610
Prosecutor 30.620
Duty of district attorney 30.630
Filing copy of judgment with Secretary of State 30.640
Enforcement of judgment 30.642
Definitions for ORS 30.642 to 30.650 30.643
Waiver or deferral of fees and costs 30.645
Waiver or deferral of fees after three dismissals of action 30.646
Payment of costs under judgment against adult in custody 30.647
Dismissal of action during proceedings 30.648
Small claims actions 30.650
Award of noneconomic damages 30.671
Definitions for ORS 30.671 to 30.677 30.673
Limitations on liability of agri-tourism professional 30.677
Notice 30.687
Definitions for ORS 30.687 to 30.697 30.689
Policy 30.691
Limitations on liability 30.693
Additional exceptions to limitations on liability 30.695
Effect of written release on liability of veterinarian or farrier 30.697
Effect on workers’ compensation benefits 30.701
Actions against maker of dishonored check 30.715
Successive actions or suits 30.740
Right of gambling loser to recover double losses 30.750
Liability of abstractors 30.765
Liability of parents for tort by child 30.772
Liability of landowner arising out of aviation activity 30.774
Indemnification of property owner that allows nonprofit organization or educational provider to use property 30.780
Liability for damages caused by gambling 30.785
Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards 30.788
Liability of architect, engineer, inspector or building evaluator for emergency relief services 30.792
Liability of health care provider or health clinic for volunteer services to charitable organization 30.794
Liability of physician or hospital arising out of care provided by direct entry midwife 30.800
Liability for emergency medical assistance 30.802
Liability for use of automated external defibrillator 30.803
Liability of licensed emergency medical services provider acting as volunteer 30.805
Liability for emergency medical assistance by government personnel 30.807
Liability for emergency transportation assistance 30.809
Liability of fraternal organization that provides used eyeglasses or hearing aids 30.811
Liability of person providing outreach services to homeless individual or individual at risk of becoming homeless individual 30.813
Liability of person who enters motor vehicle to remove unattended child or domestic animal 30.815
Liability of seller or lessor of law enforcement dog 30.817
Action against animal abuser for costs of providing veterinary care 30.820
Action against seller of drugged horse 30.822
Action for theft of or injury to search and rescue animal or therapy animal 30.825
Action for unlawful tree spiking 30.831
Action for invasion of personal privacy 30.833
Action for dissemination of intimate image 30.835
Action for improper disclosure of private information 30.845
Action against person who summons police with improper intent 30.849
Action for injunction compelling private school to comply with certain laws 30.860
Action for trade discrimination 30.862
Action for public investment fraud 30.863
Action for impersonation 30.864
Action for disclosure of certain education records 30.866
Action for issuance or violation of stalking protective order 30.867
Action for violation of criminal laws relating to involuntary servitude or trafficking in persons 30.868
Civil damages for custodial interference 30.870
Definitions for ORS 30.870 and 30.875 30.875
Civil damages for shoplifting or taking of agricultural produce 30.876
Treble damages and costs in actions arising out of interference with agricultural research 30.877
Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production 30.882
Award of liquidated damages to sports official subjected to offensive physical contact 30.890
Liability of food gleaners, donors and distributors 30.892
Liability of donors and distributors of general merchandise and household items 30.900
“Product liability civil action” defined 30.902
Products provided by physicians 30.905
Time limitation for commencement of action 30.907
Action for damages from asbestos-related disease 30.908
Action arising out of injury from breast implants 30.910
Product disputably presumed not unreasonably dangerous 30.915
Defenses 30.920
When seller or lessor of product liable 30.925
Punitive damages 30.927
When manufacturer of drug not liable for punitive damages 30.928
Time limitation for actions for damages caused by certain light bulbs 30.930
Definitions for ORS 30.930 to 30.947 30.931
Transport or movement of equipment, device, vehicle or livestock as farming or forest practice 30.932
Definition of “nuisance” or “trespass.” 30.933
Legislative findings 30.934
Prohibition on local laws that make forest practice a nuisance or trespass 30.935
Prohibition on local laws that make farm practice a nuisance or trespass 30.936
Immunity from private action based on farming or forest practice on certain lands 30.937
Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use 30.938
Attorney fees and costs 30.939
When use of pesticide considered farming or forest practice 30.940
Effect on other remedies 30.942
Rules 30.943
Certain agencies not required to investigate complaints based on farming or forest practice 30.947
Effect of siting of destination resorts or other nonfarm or nonforest uses 30.949
Action for hindering, impairment or obstruction of forest practice on state forestland 30.961
Actions against sellers of food for food-related condition 30.963
Claim requirements for actions involving food-related conditions 30.970
Definitions for ORS 30.970 to 30.990 30.975
Skiers assume certain risks 30.980
Notice to ski area operator of injury to skier 30.985
Duties of skiers 30.990
Operators required to give skiers notice of duties
Green check means up to date. Up to date

Current through early 2024

§ 30.868’s source at oregon​.gov