Special Proceedings and Procedures

ORS 33.125
Appeal


(1)

The imposition of a sanction for contempt shall be by a judgment.

(2)

A judgment in a proceeding for imposition of a remedial sanction may be appealed in the same manner as from a judgment in an action at law. An appeal from a judgment imposing a punitive sanction shall be in the manner provided for appeals in ORS chapter 138. Appeals from judgments imposing sanctions for contempt in municipal courts and justice courts shall be in the manner provided by law for appeals from those courts.

(3)

If a proceeding to impose remedial sanctions is related to another proceeding as described in ORS 33.055 (Procedure for imposition of remedial sanctions) (3) and the court determines, before entry of judgment in the related proceeding, that the defendant is in contempt, the court may suspend impositions of sanctions and entry of judgment on the contempt until entry of judgment in the related proceeding.

(4)

An appeal from a contempt judgment shall not stay any action or proceeding to which the contempt is related. [1991 c.724 §11; 2003 c.576 §233; 2005 c.568 §28; 2017 c.252 §2]
§§ 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