Enforcement of restraining orders
ORS > Procedural Statutes > Protective Orders > 107.720
(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
• 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
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