Special Proceedings and Procedures

ORS 33.135
Limitations of actions


(1)

Except as provided in subsection (5) of this section, proceedings under ORS 33.055 (Procedure for imposition of remedial sanctions) to impose remedial sanctions for contempt and under ORS 33.065 (Procedure for imposition of punitive sanctions) to impose punitive sanctions for contempt shall be commenced within two years of the act or omission constituting the contempt.

(2)

For the purposes of this section, a proceeding to impose remedial sanctions shall be deemed commenced as to each defendant when the motion provided for in ORS 33.055 (Procedure for imposition of remedial sanctions) is filed.

(3)

Proceedings to impose punitive sanctions are subject to ORS 131.135 (When prosecution commenced), 131.145 (When time starts to run) and 131.155 (Tolling of statute).

(4)

The time limitations imposed by subsection (1) of this section shall not act to bar proceedings to impose sanctions for an act or omission that constitutes a continuing contempt at the time contempt proceedings are commenced. The willful failure of an obligor, as that term is defined in ORS 110.503 (Definitions), to pay a support obligation after that obligation becomes a judgment is a contempt without regard to when the obligation became a judgment.

(5)

Proceedings to impose remedial or punitive sanctions for failure to pay a support obligation by an obligor, as defined in ORS 110.503 (Definitions), shall be commenced within 10 years of the act or omission constituting contempt. [1991 c.724 §12; 2005 c.560 §15; 2015 c.298 §88]
§§ 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