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Statute

419B.845 Restraining order when child abuse alleged.

(1)
(a) When a petition has been filed alleging that the child has been physically or sexually abused, the court may enter an order restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perpetrator to move from the household in which the child resides. The court may issue a restraining order only if the court finds that:
(A) There is probable cause to believe the abuse occurred and that the person to be restrained committed the abuse; and
(B) The order is in the best interest of the child.
(b) Upon finding that to do so would aid in protecting the victim of the alleged abuse, the court may enter, in addition to a restraining order described in paragraph (a) of this subsection, other appropriate orders including, but not limited to, orders that control contact between the alleged abuser and other children in the household.
(c) The court shall include in an order entered under this subsection the following information about the person to be restrained:
(A) Name;
(B) Address;
(C) Age and birth date;
(D) Race;
(E) Sex;
(F) Height and weight; and
(G) Color of hair and eyes.
(d) The court may include in the order a provision that a peace officer accompany the restrained person to the household when it is necessary for the person to remove the person’s essential personal effects including, but not limited to, clothing, toiletries, medications, Social Security cards, certified copies of records of live birth, identification and tools of the trade. The restrained person is entitled to remove the person’s essential personal effects under this paragraph on one occasion only and is required to be accompanied by a peace officer. The restrained person and the peace officer shall remain for no longer than 20 minutes and the peace officer may temporarily interrupt the removal of essential personal effects at any time. Nothing in this paragraph affects a peace officer’s duty to arrest under ORS 133.055 and 133.310. A peace officer who accompanies a restrained person under this paragraph has immunity from any liability, civil or criminal, for any actions the person commits during the removal of the person’s essential personal effects.
(2) If the court enters an order under this section:
(a) The clerk of the court shall provide without charge the number of certified copies of the petition and order necessary to effect service and shall have a copy of the petition and order delivered to the sheriff or other person qualified to serve the order for service upon the person to be restrained; and
(b) The sheriff or other person qualified to serve the order shall serve the person to be restrained personally unless that person is present at the hearing. After accepting the order, if the sheriff or other person cannot complete service within 10 days, the sheriff or other person shall hold the order for future service and file a return to the clerk of the court showing that service was not completed.
(3) Within 30 days after an order is served under this section, the restrained person may file a written request with the court and receive a court hearing on any portion of the order. If the restrained person requests a hearing under this subsection:
(a) The clerk of the court shall notify the parties and, if the restrained person is not a party, the restrained person of the date and time of the hearing; and
(b) The court shall hold the hearing within 21 days after the request and may cancel or modify the order.
(4) Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police. If the order was served on the person to be restrained by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System upon receipt of a true copy of the affidavit of proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.
(5) A restraining order issued pursuant to this section remains in effect for a period of one year or until the order is modified, amended or terminated by court order.
(6) A court that issued a restraining order under this section may renew the order for a period of up to one year if the court finds that there is probable cause to believe the renewal is in the best interest of the child. The court may renew the order on motion alleging facts supporting the required finding. If the renewal order is granted, subsections (2) and (3) of this section apply.
(7) If a restraining order issued pursuant to this section is terminated before its expiration date, the clerk of the court shall immediately deliver a copy of the termination order to the sheriff. The sheriff shall promptly remove the original order from the Law Enforcement Data System.
(8) Pending a contempt hearing for alleged violation of a restraining order issued under this section, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Unless the order provides otherwise, the security amount for release shall be $5,000.
(9) When a restraining order entered under this section prohibits the restrained person from contacting the protected person in writing, the restrained person does not violate the restraining order by serving on the protected person a copy of a notice of appeal of the restraining order or any other document required by law to be served on the adverse party to an appeal if:
(a) Neither the restrained person nor the protected person is represented by counsel;
(b) The restrained person serves the document by mail; and
(c) The contents of the document are not intended to harass or intimidate the protected person.


[Formerly 419B.190; 2007 c.255 §13; 2011 c.269 §7; 2013 c.366 §75]



Case Cites

None.

2011 Version

419B.845 Restraining order when child abuse alleged.

(1)
(a) When a petition has been filed alleging that the child has been physically or sexually abused, the court may enter an order restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perpetrator to move from the household in which the child resides. The court may issue a restraining order only if the court finds that:
(A) There is probable cause to believe the abuse occurred and that the person to be restrained committed the abuse; and
(B) The order is in the best interest of the child.
(b) Upon finding that to do so would aid in protecting the victim of the alleged abuse, the court may enter, in addition to a restraining order described in paragraph (a) of this subsection, other appropriate orders including, but not limited to, orders that control contact between the alleged abuser and other children in the household.
(c) The court shall include in an order entered under this subsection the following information about the person to be restrained:
(A) Name;
(B) Address;
(C) Age and birth date;
(D) Race;
(E) Sex;
(F) Height and weight; and
(G) Color of hair and eyes.
(d) The court may include in the order a provision that a peace officer accompany the restrained person to the household when it is necessary for the person to remove the person’s essential personal effects including, but not limited to, clothing, toiletries, medications, Social Security cards, birth certificates, identification and tools of the trade. The restrained person is entitled to remove the person’s essential personal effects under this paragraph on one occasion only and is required to be accompanied by a peace officer. The restrained person and the peace officer shall remain for no longer than 20 minutes and the peace officer may temporarily interrupt the removal of essential personal effects at any time. Nothing in this paragraph affects a peace officer’s duty to arrest under ORS 133.055 and 133.310. A peace officer who accompanies a restrained person under this paragraph has immunity from any liability, civil or criminal, for any actions the person commits during the removal of the person’s essential personal effects.
(2) If the court enters an order under this section:
(a) The clerk of the court shall provide without charge the number of certified copies of the petition and order necessary to effect service and shall have a copy of the petition and order delivered to the sheriff or other person qualified to serve the order for service upon the person to be restrained; and
(b) The sheriff or other person qualified to serve the order shall serve the person to be restrained personally unless that person is present at the hearing. After accepting the order, if the sheriff or other person cannot complete service within 10 days, the sheriff or other person shall hold the order for future service and file a return to the clerk of the court showing that service was not completed.
(3) Within 30 days after an order is served under this section, the restrained person may file a written request with the court and receive a court hearing on any portion of the order. If the restrained person requests a hearing under this subsection:
(a) The clerk of the court shall notify the parties and, if the restrained person is not a party, the restrained person of the date and time of the hearing; and
(b) The court shall hold the hearing within 21 days after the request and may cancel or modify the order.
(4) Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police. If the order was served on the person to be restrained by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System upon receipt of a true copy of the affidavit of proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.
(5) A restraining order issued pursuant to this section remains in effect for a period of one year or until the order is modified, amended or terminated by court order.
(6) A court that issued a restraining order under this section may renew the order for a period of up to one year if the court finds that there is probable cause to believe the renewal is in the best interest of the child. The court may renew the order on motion alleging facts supporting the required finding. If the renewal order is granted, subsections (2) and (3) of this section apply.
(7) If a restraining order issued pursuant to this section is terminated before its expiration date, the clerk of the court shall immediately deliver a copy of the termination order to the sheriff. The sheriff shall promptly remove the original order from the Law Enforcement Data System.
(8) Pending a contempt hearing for alleged violation of a restraining order issued under this section, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Unless the order provides otherwise, the security amount for release shall be $5,000.
(9) When a restraining order entered under this section prohibits the restrained person from contacting the protected person in writing, the restrained person does not violate the restraining order by serving on the protected person a copy of a notice of appeal of the restraining order or any other document required by law to be served on the adverse party to an appeal if:
(a) Neither the restrained person nor the protected person is represented by counsel;
(b) The restrained person serves the document by mail; and
(c) The contents of the document are not intended to harass or intimidate the protected person.

[Formerly 419B.190; 2007 c.255 §13; 2011 c.269 §7]

2007 Version

419B.845 Restraining order when child abuse alleged.

(1)
(a) When a petition has been filed alleging that the child has been physically or sexually abused, the court may enter an order restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perpetrator to move from the household in which the child resides. The court may issue a restraining order only if the court finds that:
(A) There is probable cause to believe the abuse occurred and that the person to be restrained committed the abuse; and
(B) The order is in the best interest of the child.
(b) Upon finding that to do so would aid in protecting the victim of the alleged abuse, the court may enter, in addition to a restraining order described in paragraph (a) of this subsection, other appropriate orders including, but not limited to, orders that control contact between the alleged abuser and other children in the household.
(c) The court shall include in an order entered under this subsection the following information about the person to be restrained:
(A) Name;
(B) Address;
(C) Age and birth date;
(D) Race;
(E) Sex;
(F) Height and weight; and
(G) Color of hair and eyes.
(d) The court may include in the order a provision that a peace officer accompany the restrained person to the household when it is necessary for the restrained person to remove personal property.
(2) If the court enters an order under this section:
(a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to effect service and shall have a true copy of the petition and order delivered to the sheriff or other person qualified to serve the order for service upon the person to be restrained; and
(b) The sheriff or other person qualified to serve the order shall serve the person to be restrained personally unless that person is present at the hearing. After accepting the order, if the sheriff or other person cannot complete service within 10 days, the sheriff or other person shall hold the order for future service and file a return to the clerk of the court showing that service was not completed.
(3) Within 30 days after an order is served under this section, the restrained person may file a written request with the court and receive a court hearing on any portion of the order. If the restrained person requests a hearing under this subsection:
(a) The clerk of the court shall notify the parties and, if the restrained person is not a party, the restrained person of the date and time of the hearing; and
(b) The court shall hold the hearing within 21 days after the request and may cancel or modify the order.
(4) Upon receipt of the order and completion of any required service, the sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order shall be fully enforceable in any county in this state.
(5) A restraining order issued pursuant to this section remains in effect for a period of one year or until the order is modified, amended or terminated by court order.
(6) A court that issued a restraining order under this section may renew the order for a period of up to one year if the court finds that there is probable cause to believe the renewal is in the best interest of the child. The court may renew the order on motion alleging facts supporting the required finding. If the renewal order is granted, subsections (2) and (3) of this section apply.
(7) If a restraining order issued pursuant to this section is terminated before its expiration date, the clerk of the court shall promptly deliver a true copy of the termination order to the sheriff. The sheriff shall promptly remove the original order from the Law Enforcement Data System.
(8) Pending a contempt hearing for alleged violation of a restraining order issued under this section, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Unless the order provides otherwise, the security amount for release shall be $5,000.
(9) When a restraining order entered under this section prohibits the restrained person from contacting the protected person in writing, the restrained person does not violate the restraining order by serving on the protected person a copy of a notice of appeal of the restraining order or any other document required by law to be served on the adverse party to an appeal if:
(a) Neither the restrained person nor the protected person is represented by counsel;
(b) The restrained person serves the document by mail; and
(c) The contents of the document are not intended to harass or intimidate the protected person.

[Formerly 419B.190; 2007 c.255 §13]

Proposed Changes