ORS 33.045
Types of sanctions

(1)

A court may impose either remedial or punitive sanctions for contempt.

(2)

Confinement may be remedial or punitive. The sanction is:

(a)

Remedial if it continues or accumulates until the defendant complies with the court’s order or judgment.

(b)

Punitive if it is for a definite period that will not be reduced even if the defendant complies with the court’s order or judgment.

(3)

A fine may be remedial or punitive. A fine is:

(a)

Punitive if it is for a past contempt.

(b)

Remedial if it is for continuing contempt and the fine accumulates until the defendant complies with the court’s judgment or order or if the fine may be partially or entirely forgiven when the defendant complies with the court’s judgment or order.

(4)

Any sanction requiring payment of amounts to one of the parties to a proceeding is remedial.

(5)

Any sanction imposed by a court for contempt is in addition to any civil remedy or criminal sanction that may be available as a result of the conduct constituting contempt. In any civil or criminal proceedings arising out of the conduct constituting contempt, the court shall take into consideration any contempt sanctions previously imposed for the same act. [1991 c.724 §4]

Source: Section 33.045 — Types of sanctions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html.

Notes of Decisions

Where party was in compliance with court order at time of hearing, but pattern of past violations made future violations likely, contempt was of continuing type. Kelley and Kelley, 128 Or App 123, 874 P2d 1364 (1994)

Where conduct is both disobedience of court judgment and violation of condition of probation, both contempt sanction and probation sanction may be applied to conduct. State v. Walton, 215 Or App 628, 170 P3d 1122 (2007), Sup Ct review denied

Instrumentality of state is subject to inherent authority of court to impose monetary sanction for contempt, regardless of whether legislature has waived sovereign immunity of instrumentality. Oregonians for Sound Economic Policy v. SAIF, 218 Or App 31, 178 P3d 286 (2008), modified 219 Or App 310, 182 P3d 895 (2008)

“Continuing contempt” includes only contempt continuing from date of contempt order forward. Oregonians for Sound Economic Policy v. SAIF, 218 Or App 31, 178 P3d 286 (2008), modified 219 Or App 310, 182 P3d 895 (2008)

Green check means up to date. Up to date

Current through early 2024

§ 33.045’s source at oregon​.gov