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Legal Statutes: Oregon

UPDATED October 25, 2016

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Sexual Abuse Restraining Orders

back to top163.767. Hearing at request of respondent

(1) If the respondent requests a hearing under section 3 (6) of this 2013 Act, the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under section 3 of this 2013 Act.

(2)(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit court may extend the date of the hearing for up to five days so that the party may seek representation.

(b) If one party is represented by an attorney at the hearing, the circuit court may extend the date of the hearing for up to five days at the other party's request so that the other party may seek representation.

(3) If the circuit court continues the restraining order issued under section 3 of this 2013 Act, with or without modification, at a hearing about which the respondent received actual notice and the opportunity to be heard, the court shall include in the restraining order a certificate in substantially the following form in a separate section immediately above the signature of the judge:

_______________________________________________________________

CERTIFICATE OF COMPLIANCE

WITH THE

VIOLENCE AGAINST WOMEN ACT OF 1994

This protective order meets all full faith and credit requirements of the Violence Against Women Act of 1994, 18 U.S.C. 2265. This court has jurisdiction over the parties and the subject matter. The respondent was afforded notice and timely opportunity to be heard as provided by the law of this jurisdiction. This protective order is valid and entitled to enforcement in this and all other jurisdictions.

_______________________________________________________________

(4) The circuit court may approve a consent agreement if the court determines that the agreement provides sufficient protections to the petitioner. The circuit court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted a restraining order issued under section 3 of this 2013 Act.

(5) A restraining order entered under this section, or a consent agreement entered into under this section, shall continue for a period of one year from the date of the restraining order issued under section 3 of this 2013 Act, unless the restraining order is renewed, modified or terminated in accordance with section 7 of this 2013 Act.
Added by Laws 2013, c. 687, § 4, eff. July 29, 2013, operative Jan. 1, 2014.