(1)(a) Whenever a restraining order, as authorized by 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(c) or (d), 107.716 (Hearing) or 107.718 (restraining order), that includes a security amount and an expiration date pursuant to 107.095 (Provisions court may make after commencement of suit and before judgment), 107.716 (Hearing) or 107.718 (restraining order) and this statute, is issued and the person to be restrained has actual notice of the order, the clerk of the court or any other person serving the petition and order shall immediately deliver to a county sheriff a true copy of proof of service, on which it is stated that personal service of the petition and order was served on the respondent, and copies of the petition and order:

• The court clerkor anyone else serving the petition and order will immediately deliver to a county sheriff a true copy of proof of service, on which it is stated that personal service of the petition and order was served on the respondent, and copies of the petition and order.

• Proof of service may be made by affidavit or by declaration under penalty of perjury

• If an order entered by the court recites that the respondent appeared in person before the court, the necessity for service of the order and proof of service is waived.

• Upon receipt of a copy of the order and notice of completion of any required service by a member of a LEA, the county sheriff shall immediately enter the order into LEDS and NCIC.

• If the petition and order were served on the respondent by a person other than a member of a LEA, the county sheriff will enter the order into LEDS and NCIC upon receipt of a true copy of proof of service.

• The sheriff shall provide the petitioner with a true copy of any required proof of service

• Entry into LEDS constitutes notice to all LEAs of the existence of the order

• LEAs will 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 or tribal land in this state

(b) When a restraining order has been entered into LEDS and NCIC under paragraph (a), a county sheriff will cooperate with a request from a LEA from any other jurisdiction to verify the existence of the restraining order or to transmit a copy of the order to the requesting jurisdiction.

(2)(a) A restraining order will remain in effect until the order expires or is terminated by court order

(b) When a restraining order has been entered under 107.718 (restraining order), the restraining order will not be terminated upon a motion for dismissal by the petitioner unless the motion is notarized.

(3) In any situation where a restraining order described in paragraph (1) is terminated before the expiration date, the clerk of the court will immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff will promptly remove the original order from the LEDS and NCIC.

(4) Pending a contempt hearing for alleged violation of a restraining order issued under 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(c) or (d), 107.716 (Hearing) or 107.718 (restraining order), anyone arrested and taken into custody per 133.310 (peace officer arrest authority without warrant) may be released as provided in 135.230 (Definitions...) to 135.290 (punishment by contempt of court). Whenever a restraining order is issued under 107.095 (Provisions court may make after commencement of suit and before judgment (1)(c) or (d), 107.716 (Hearing) or 107.718 (restraining order), the issuing court will set a security amount for the violation of the order

*** An officer must arrest anyone who has failed to comply with a no contact condition of a release agreement (133.310 (peace officer arrest authority without warrant)(6)(b)). Arrest under 33.065 (contempt of court) ***

(1) When a release assistance officer or a release assistance deputy makes a release decision under 135.235 (Release assistance officer) involving a defendant charged with a sex crime or a crime constituting domestic violence, the release assistance officer or deputy will include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. The release assistance officer or deputy will provide the defendant with a written copy of the order

(2) When a defendant who is charged with a sex crime or a crime that constitutes domestic violence is arraigned, the court will enter an order continuing an order issued under paragraph (1 or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody.

(3) Except as provided in paragraph (4), an order described in paragraphs (1) or (2):

(a) Will apply at any time during which the defendant is held in custody on the charge AND

(b) will remain valid until the defendant is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime.

(4) Upon petition of the victim, the court may enter an order terminating an order entered under paragraph (1) or (2) if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community.

(5) An order described in paragraphs (1) or (2) will not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by 135.970 (Information required when victim contacted by defense) (2).

(1) A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to report the defendant's breach is punishable by contempt.

(2) A defendant may be punished by contempt if the defendant knowingly:

(a) Breaches any of the regulations in the release agreement imposed pursuant to 135.260 (Conditional release) OR

(b) Violates an order entered under 135.247 (order prohibiting contact with victim of sex crime or domestic violence)

(1) An order or a modification to an order issued under 107.700 (Short title) to 107.735 (Duties of State Court Administrator) that provides for the custody of a child will, when requested by the party awarded custody, contain a provision ordering a peace officer to assist in recovering the custody of the child and authorizing the use of any reasonable force necessary to that end, including directing forcible entry into specified premises.

(2) An order under 107.718 (restraining order) directing the sheriff to use any reasonable force necessary to enforce the order authorizes the sheriff to make a forcible entry into the premises specified in the order.

(3) No peace officer will be civilly or criminally liable for any action taken in recovering the custody of a child pursuant to an order issued under 107.700 (Short title) to 107.735 (Duties of State Court Administrator), except for intentional torts outside the scope of the peace officer's duties

(1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under 107.718 (restraining order) will remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection will affect a peace officer's duty to arrest under 133.055 (criminal citation) and 133.310 (peace officer arrest authority without warrant).

(2) The party removing essential personal effects from the residence pursuant to an order issued under ORS 107.718 (restraining order) is entitled to be accompanied by a peace officer on one occasion only.

(3) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under 107.718 (restraining order) will have immunity from any liability, civil or criminal, for any actions of the party committed during the removal of essential personal effects.

(note) Examples of essential personal effects include are but are not limited to: clothing, toiletries, diapers, medications, Social Security cards, certified copies of records of live birth, identification and tools of the trade

(1) When a person files a petition under 107.710 (Petition to circuit court for relief), the circuit court will 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 respondent within 180 days preceding the petition filing, that there is an imminent danger of further abuse to the petitioner and that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner's child, the court will, if requested by the petitioner, order:

(a) Except as provided in paragraph (2), that temporary custody of the children of the parties be awarded to the petitioner or, at the request of the petitioner, to the respondent, subject to reasonable parenting time rights of the noncustodial parent, which the court will order, unless such parenting time is not in the best interest of the child

(b) That the respondent be required to move from the petitioner's residence, if in the sole name of the petitioner or if it is jointly owned or rented by the petitioner and the respondent, or if the parties are married to each other;

(c) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner's current or subsequent residence if the respondent is required to move from petitioner's residence;

(d) That a peace officer accompany the party who is leaving or has left the parties' residence to remove essential personal effects of the party or the party's children, or both, including but not limited to clothing, toiletries, diapers, medications, Social Security cards, certified copies of records of live birth, identification and tools of the trade;

(e) That the respondent be restrained from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner;

(f) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children in the custody of the petitioner, or attempting to intimidate, molest, interfere with or menace any children in the custody of the petitioner;

(g) That the respondent be restrained from entering, or attempting to enter, on any premises and a reasonable area surrounding the premises when it appears to the court that such restraint is necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or children whose custody is awarded to the petitioner;

(h) Other relief that the court considers necessary to:

(A) Provide for the safety and welfare of the petitioner and the children in the custody of the petitioner, including but not limited to emergency monetary assistance from the respondent AND

(B) Prevent the neglect and protect the safety of any service or therapy animal or any animal kept for personal protection or companionship, but not an animal kept for any business, commercial, agricultural or economic purpose OR

(i) Except as described in paragraph (12) or parenting time ordered under this section, that the respondent have no contact with the petitioner in person, by telephone or by mail.

(2) If the court determines that exceptional circumstances exist that affect the custody of a child, the court will order the parties to appear and provide additional evidence at a hearing to determine temporary custody and resolve other contested issues. Pending the hearing, the court may make any orders regarding the child's residence and the parties' contact with the child that the court finds appropriate to provide for the child's welfare and the safety of the parties. The court shall set a hearing time and date as provided 107.716 (Hearing) (2) and issue a notice of the hearing at the same time the court issues the restraining order.

(3) The court's order under paragraph (1) is effective for a period of one (1) )year or until the order is withdrawn or amended, or until the order is superseded as provided in 107.722 (Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order), whichever is sooner.

(4) If respondent is restrained from entering, or attempting to enter, an area surrounding petitioner's residence or any other premises, the order restraining respondent shall specifically describe the area.

(5) Imminent danger under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with additional bodily harm.

(6) If the court awards parenting time to a parent who committed abuse, the court will make adequate provision for the safety of the child and of the petitioner. The order of the court may include, but is not limited to, the following:

(a) That exchange of a child between parents shall occur at a protected location.

(b) That parenting time be supervised by another person or agency.

(c) That the perpetrator of the abuse be required to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or any other counseling program designated by the court as a condition of the parenting time.

(d) That the perpetrator of the abuse not possess or consume alcohol or controlled substances during the parenting time and for 24 hours preceding the parenting time.

(e) That the perpetrator of the abuse pay all or a portion of the cost of supervised parenting time, and any program designated by the court as a condition of parenting time.

(f) That no overnight parenting time occur.

(7) The State Court Administrator will prescribe the content and form of the petition, order and related forms for use under 107.700 (Short title) to 107.735 (Duties of State Court Administrator). The clerk of the court will make available the forms and an instructional brochure explaining the rights set forth under 107.700 (Short title) to 107.735 (Duties of State Court Administrator).

(8) If the court orders relief:

(a) The court clerk will provide without charge the number of certified true copies of the petition and order necessary to provide the petitioner with one copy and to effect service and will have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court. In addition and upon request by the petitioner, the clerk will provide the petitioner, without charge, two exemplified copies of the petition and order.

(b) The county sheriff will serve the respondent personally unless the petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service will be made in accordance with 107.720 (enforcement of restraining orders). When the order doesn't contain the respondent's birthdate and service is effected by the sheriff or other peace officer, the sheriff or officer will verify the respondent's birthdate with the respondent and will record that date on the order or proof of service entered into LEDS.

(c) No filing fee, service fee or hearing fee will be charged for proceedings seeking only the relief provided under 107.700 (Short title) to 107.735 (Duties of State Court Administrator).

(9) If the county sheriff:

(a) Determines that the order and petition are incomplete, the sheriff will return the order and petition to the court clerk. The clerk will notify the petitioner, at the address provided by the petitioner, of the error or omission.

(b) After accepting the order and petition, cannot complete service within ten (10) days, the sheriff will notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within ten (10) days, the sheriff will hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

(10)(a) Within 30 days after a restraining order is served under this statute, the respondent may request a court hearing upon any relief granted. The hearing request form will be available from the court clerk in the form prescribed by the State Court Administrator.

(b) If the respondent requests a hearing under paragraph (a), the court clerk will notify the petitioner of the hearing's date and time, and will supply the petitioner with a copy of the respondent's request for a hearing. The petitioner will give to the court clerk information sufficient to allow such notification.

(c) The hearing will not be limited to the issues raised in the respondent's request for hearing form. If the respondent seeks to raise an issue at the hearing not previously raised in the request for hearing form, or if the petitioner seeks relief at the hearing not granted in the original order, the other party will be entitled to a reasonable continuance for the purpose of preparing a response to the issue.

(11) If the respondent fails to request a hearing within 30 days after a restraining order is served, the restraining order is confirmed by operation of law. The provisions of this section are sufficient to meet the due process requirements of 18 U.S.C. 922(g) in that the respondent received actual notice of the right to request a hearing and the opportunity to participate at the hearing but the respondent failed to exercise those rights.

(12) Service of process or other legal documents upon the petitioner is not a violation of this section if the petitioner is served as provided in ]ORCP 7 or 9

(1) A sheriff may serve a restraining order issued under 107.700 (Short title) to 107.735 (Duties of State Court Administrator) 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 a copy of a restraining order under 107.700 (Short title) to 107.735 (Duties of State Court Administrator) that was transmitted to the sheriff by a court or LEA using an electronic communication device. Before transmitting a copy of a restraining order to a sheriff under this paragraph by fax or email, the person sending the copy must receive confirmation from the sheriff's office that an electronic communication device is available and operating. For purposes of this paragraph, "electronic communication device" means a device by which any kind of electronic communication can be made, including but not limited to communication by fax and email