Special Proceedings and Procedures

ORS 33.075
Compelling attendance of defendant


(1)

If a person served with an order to appear under ORS 33.055 (Procedure for imposition of remedial sanctions) fails to appear at the time and place specified in the order, the court may issue any order or warrant necessary to compel the appearance of the defendant.

(2)

A person against whom a complaint has been issued under ORS 33.065 (Procedure for imposition of punitive sanctions) may be cited to appear in lieu of custody as provided in ORS 133.055 (Criminal citation). If the person fails to appear at the time and place specified in the citation, the court may issue any order or warrant necessary to compel the appearance of the defendant.

(3)

When the court issues a warrant for contempt, the court shall specify a security amount. Unless the defendant pays the security amount upon arrest, the sheriff shall keep the defendant in custody until either a release decision is made by the court or until disposition of the contempt proceedings.

(4)

The defendant shall be discharged from the arrest upon executing and delivering to the sheriff, at any time before the return day of the warrant, a security release or a release agreement as provided in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court), to the effect that the defendant will appear on the return day and abide by the order or judgment of the court or officer or pay, as may be directed, the sum specified in the warrant.

(5)

The sheriff shall return the warrant and the security deposit, if any, given to the sheriff by the defendant by the return day specified in the warrant.

(6)

When a warrant for contempt issued under subsection (2) of this section has been returned after having been served and the defendant does not appear on the return day, the court may do either or both of the following:

(a)

Issue another warrant.

(b)

Proceed against the security deposited upon the arrest.

(7)

If the court proceeds against the security under subsection (6) of this section and the sum specified is recovered, the court may award to any party to the action any or all of the money recovered as remedial damages. [1991 c.724 §7; 1993 c.196 §3; 2011 c.597 §119]
§§ 33.015 to 33.155

Notes of Decisions

Contempt proceeding instituted under these sections for husband's failure to pay spousal support pursuant to dissolution decree is separate proceeding from dissolution and trial court's jurisdiction to hold husband in contempt was therefore not defeated by husband's appeal from dissolution decree. Oliver and Oliver, 81 Or App 115, 724 P2d 869 (1986), Sup Ct review denied

Choice-of-evils defense could not exonerate defendants charged with contempt for violating injunction arising from demonstration to prevent abortions because defense is available only if defendants' necessary conduct is not inconsistent with other provisions of law. Downtown Women's Center v. Advocates for Life, Inc., 111 Or App 317, 826 P2d 637 (1992)

Contempt proceedings are not subject to laws governing venue for criminal proceedings. Bachman v. Bachman, 171 Or App 665, 16 P3d 1185 (2000), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021