5 chapters · 447 sections in this title.
ORS 107.408 Duty to provide income tax information
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(1) Except as provided in subsection (5) of this section, if a judgment of marital annulment, dissolution or separation includes an award of spousal support for which any portion of the obligation remains due and owing, upon written request received by one party from the other pa…
ORS 107.412 Procedure applicable to ORS 107.407; matters considered; attorney fees
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(1) Upon petition of an individual and after service of notice on the other party in the manner provided by law for service of a summons, the court shall conduct a proceeding to determine whether so much of its judgment as provides for the support of a party shall be set aside. (…
ORS 107.415 Notice of change of status of child; effect of failure to give notice
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(1) If a party is required by a judgment of a court in a domestic relations suit, as defined in ORS 107.510, to contribute to the support, nurture or education of a minor child while the other party has custody thereof, the custodial parent shall notify the party contributing suc…
ORS 107.425 Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children
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(1) In suits or proceedings described in subsection (4) of this section in which there are minor children involved, the court may cause an investigation to be made as to the character, family relations, past conduct, earning ability and financial worth of the parties for the purp…
ORS 107.431 Modification of portion of judgment regarding parenting time or child support; procedure
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(1) At any time after a judgment of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the judgment relating to parenting time with a minor child as it deems just and proper or may terminate or modify that part o…
ORS 107.434 Expedited parenting time enforcement procedure; remedies
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(1) The presiding judge of each judicial district shall establish an expedited parenting time enforcement procedure that may or may not include a requirement for mediation or participation in an alternative dispute resolution conference under ORS 107.103. The procedure must be ea…
ORS 107.437 Order of assistance to obtain custody of child held in violation of custody order
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(1) A person entitled to physical custody of a child may make an ex parte application for an order of assistance to a court of any county: (a) In which a child is located if the person is entitled to the physical custody of the child under a valid and current order issued in this…
ORS 107.445 Attorney fees in certain domestic relations proceedings
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In any proceeding brought under ORS 107.095, 108.110 and 108.120, and in any contempt proceeding to enforce an order or judgment entered in a marital annulment, dissolution or separation proceeding, the court may render an order or judgment awarding to a party, or directly to the…
ORS 107.449 Transfer of proceeding under ORS 107.135 to additional court
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(1) Upon motion of a party to a proceeding under ORS 107.135 (1) that is not otherwise covered under the provisions of ORS 25.100 (1), based upon convenience of the parties, the court that entered the original judgment may enter an order designating an additional court located wh…
ORS 107.452 Reopening case if assets discovered after entry of judgment
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(1) A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties: (a) Existed at the time of the entry of the ju…
ORS 107.455 Effect of separation statutes or judgments on subsequent dissolution proceedings
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The provisions of law pertaining to separation are not intended to and shall not repeal or affect any existing law pertaining to the granting of a judgment of dissolution of marriage. The entry of a judgment of separation under ORS 107.475 shall not be a bar to a suit for dissolu…
ORS 107.465 Conversion of judgment of separation into judgment of dissolution
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(1) Upon motion of a party for an order to show cause why a judgment of separation should not be converted to a judgment of dissolution and after service of notice to the other party at least 30 days before the scheduled hearing, the court may, within two years after the entry of…
ORS 107.475 Court to determine duration of separation; modification or vacation of judgment
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The court shall determine and fix in its judgment the duration of the separation. At the expiration of such time, the judgment shall have no further effect. However, no rights created or granted in the judgment which have vested shall be affected by its termination. Upon motion o…
ORS 107.485 Conditions for summary dissolution procedure
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A marriage may be dissolved by the summary dissolution procedure specified in this section and ORS 107.490 when all of the following conditions exist at the time the proceeding is commenced: (1) The jurisdictional requirements of ORS 107.025 and 107.075 are met. (2)(a) There are …
ORS 107.490 Commencement of proceeding; petition content; court authority
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(1) A proceeding for summary dissolution of the marriage shall be commenced by filing in the circuit court a petition in the form prescribed by the State Court Administrator under ORS 107.500. The petition shall be signed by the petitioner and shall state that as of the date of t…
ORS 107.500 Forms
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(1) The State Court Administrator shall prescribe the content of forms for use under ORS 107.485 and 107.490, including forms related to the waiver or deferral of fees and court costs under ORS 21.680 to 21.698, and an instructional brochure describing the procedures set forth in…
ORS 107.510 Definitions for ORS 107.510 to 107.610
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As used in ORS 107.510 to 107.610: (1) Conciliation jurisdiction means domestic relations conciliation jurisdiction and authority exercised under ORS 107.510 to 107.610 by a circuit court in any controversy existing between spouses which may, unless a reconciliation or a settle…
ORS 107.520 Establishment of conciliation jurisdiction
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The circuit court for any county or the circuit courts of more than one county comprising a judicial district after making a determination that the social conditions of the county or district make it desirable to establish conciliation services for the full and proper considerati…
ORS 107.530 Source of conciliation services; county to pay expenses
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(1) A circuit court or the circuit courts of a judicial district exercising conciliation jurisdiction may obtain conciliation services, with the prior approval of the governing body of each county involved, by: (a) Employing or contracting for counselors and other personnel; or (…
ORS 107.540 Conciliation jurisdiction by court; effect
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Whenever any domestic relations suit is commenced in a circuit court exercising conciliation jurisdiction and providing conciliation services, the court may, in its discretion, exercise conciliation jurisdiction over the controversy and over the parties thereto and all persons ha…
ORS 107.550 Petition for conciliation jurisdiction; content; rules
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(1) Whenever either spouse or both spouses file in a circuit court exercising conciliation jurisdiction and providing conciliation services a petition requesting the court to exercise conciliation jurisdiction with respect to a controversy existing between the spouses, the court …
ORS 107.560 Effect of petition; waiver
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(1) A petition may be filed under ORS 107.550 whether or not a domestic relations suit in which the spouses are parties has been commenced. Except as provided in subsection (2) of this section, when a petition for conciliation jurisdiction is filed no trial or hearing on the meri…
ORS 107.570 Notice; attendance at hearings
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When a circuit court undertakes to exercise conciliation jurisdiction pursuant to ORS 107.540 or 107.550, it shall refer the matter to the conciliation services provided by the court. The court shall cause notice to be given to the spouses of the undertaking to exercise conciliat…
ORS 107.580 Restriction of services; priority when children involved; rules
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Whenever a circuit court determines that the conciliation services provided by it are not adequate for the proper disposition of all matters that may be referred to the services under ORS 107.570, the court, by rule, may restrict the services provided, but shall give priority to …
ORS 107.590 Court orders; reconciliation agreements
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(1) A circuit court undertaking to exercise conciliation jurisdiction pursuant to ORS 107.540 or 107.550, with the consent of the spouses, may make orders with respect to the conduct of the spouses and with respect to the subject of the controversy as it considers necessary to pr…
ORS 107.600 Privacy of proceedings; confidentiality of communications; records
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(1) All hearings, conferences and other proceedings held pursuant to circuit court exercise of conciliation jurisdiction pursuant to ORS 107.540 or 107.550 shall be held in private, and all persons other than officers of the court, conciliation services personnel, the spouses, th…
ORS 107.610 Qualifications of conciliation counselors
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Persons performing conciliation services under ORS 107.510 to 107.610 shall have minimum educational and experience qualifications of a masters degree in the behavioral sciences; or a bachelors degree and one years graduate training, both in the behavioral sciences plus two ye…
ORS 107.615 Fees to support services; contracts for service; eligibility rules
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(1) The governing body of any county may impose a fee up to $35 above that prescribed in ORS 205.320 (1)(e) for issuing a marriage license or registering a Declaration of Domestic Partnership. (2) The governing body may periodically increase the fee in subsection (1) of this sect…
ORS 107.620 Conciliation and mediation services accounts reports
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(1) At least quarterly, each county treasurer shall provide to the presiding judge of the judicial district in which the county is located a financial report showing the balance and all expenditures from the countys accounts for conciliation services under ORS 107.510 to 107.610…
ORS 107.700 Short title
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ORS 107.700 to 107.735 shall be known and may be cited as the Family Abuse Prevention Act. [1977 c.845 §4; 1995 c.637 §1]
ORS 107.705 Definitions for ORS 107.700 to 107.735
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As used in ORS 107.700 to 107.735: (1) Abuse means the occurrence of one or more of the following acts between family or household members: (a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury. (b) Intentionally, knowingly or recklessly placin…
ORS 107.707 Application of Uniform Child Custody Jurisdiction and Enforcement Act
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The Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834, applies to proceedings under ORS 107.700 to 107.735. [2005 c.536 §5] Note: 107.707 was added to and made a part of 107.700 to 107.735 by legislative action but was not added to any smaller series …
ORS 107.710 Petition to circuit court for relief; burden of proof
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(1) Any person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 107.700 to 107.735, if the person is in imminent danger of further abuse from the abuser. The person may seek relief by filing a petition with the cir…
ORS 107.716 Hearing; order; certificate of compliance; effect on title to real property; no undertaking required
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(1) If the respondent requests a hearing pursuant to ORS 107.718 (10), the court shall hold the hearing within 21 days after the request. However, if the respondent contests the order granting temporary child custody to the petitioner, the court shall hold the hearing within five…
ORS 107.717 Appearance by telephone or two-way electronic communication device
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(1) A party may file a motion under ORS 45.400 requesting that the court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 107.700 to 107.735. (2) In determining whether notice is given suffic…
ORS 107.718 Restraining order; service of order; request for hearing
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(1) When a person files a petition under ORS 107.710, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the res…
ORS 107.719 Removal of personal effects; party accompanied by peace officer
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(1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 107.718 shall remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace offic…
ORS 107.720 Enforcement of restraining orders; sheriffs proceedings; security; termination order
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(1)(a) Whenever a restraining order, as authorized by ORS 107.095 (1)(c) or (d), 107.716 or 107.718, that includes a security amount and an expiration date pursuant to ORS 107.095, 107.716 or 107.718 and this section, is issued and the person to be restrained has actual notice of…
ORS 107.721 Petitioners change of residence
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If the court does not award parenting time under ORS 107.718 to the parent who committed abuse, the petitioner may move to a residence more than 60 miles from the other parent without giving notice to the other parent of the change of residence. However, the petitioner shall give…
ORS 107.722 Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order; modification of preexisting order or judgment
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(1) The provisions of an order or judgment, or of a modification to an order or judgment, issued under ORS 107.095 (1)(b), 107.105, 107.135, 109.103 or 109.155 supersede contrary provisions of a preexisting order issued under ORS 107.700 to 107.735, except that an order issued un…
ORS 107.723 Service of restraining order; transmission by electronic communication device
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(1) A sheriff may serve a restraining order issued under ORS 107.700 to 107.735 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected. (2) A sheriff may serve and enter into the Law Enforcement Data System…
ORS 107.725 Renewal of order
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(1) The court may renew for a period of two years an order entered under ORS 107.716 or 107.718 or renewed under this section upon a finding that: (a) A person in the petitioners situation would reasonably fear further acts of abuse by the respondent if the order is not renewed;…
ORS 107.726 Standing to petition for relief of person under 18 years of age
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A person who is under 18 years of age may petition the circuit court for relief under ORS 107.710 if: (1) The person is: (a) The spouse of the respondent; (b) The former spouse of the respondent; or (c) A person who has been in a sexually intimate relationship with the respondent…
ORS 107.728 Where to file petition; contempt proceedings
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(1) A petition under ORS 107.710 may be filed in a county in which: (a) The petitioner resides; (b) The respondent resides; or (c) The abuse occurred. (2) Any contempt proceedings for violation of a restraining order issued under ORS 107.700 to 107.735 must be conducted by the co…
ORS 107.730 Modification of order entered under ORS 107.700 to 107.735; service; attorney fees
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(1) At any time after an order has been issued under ORS 107.700 to 107.735 and after the time period set forth in ORS 107.718 (10)(a): (a) A party may request that the court modify terms in the order that were entered under ORS 107.718 (1)(a), (b), (g) or (i) for good cause show…
ORS 107.732 Recovering custody of child
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(1) An order or a modification to an order issued under ORS 107.700 to 107.735 that provides for the custody of a child shall, when requested by the party awarded custody, contain a provision ordering a peace officer to assist in recovering the custody of the child and authorizin…
ORS 107.735 Duties of State Court Administrator
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The State Court Administrator shall: (1) Track the number of hearings that are scheduled or requested each year under ORS 107.716 (2) or 107.718 (2). (2) In accordance with ORS 3.438 (4)(a)(B), develop training information and materials concerning the issues and hearings under OR…
ORS 107.755 Court-ordered mediation; rules
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(1) Each judicial district shall: (a) Provide a mediation orientation session for all parties in cases in which child custody, parenting time or visitation is in dispute, and in any other domestic relations case in which mediation has been ordered. The orientation session may be …
ORS 107.765 When referral to mediation permitted; scope of mediation; report to court of outcome of mediation
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(1) In a domestic relations suit, where it appears on the face of one or more pleadings, appearances, petitions or motions, including any form of application for the setting aside, alteration or modification of an order or judgment, that custody, parenting time or visitation of a…
ORS 107.775 Methods of providing mediation services; qualifications; costs
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(1) A circuit court may obtain mediation services, with the prior approval of the governing body of each county involved, by: (a) Using personnel performing conciliation services for the court under ORS 107.510 to 107.610; (b) Contracting or entering into agreements with public o…