Oregon Revised Statutes

Or. Rev. Stat. § 107.093 (2026)

Restraining order; request for hearing

✓ current as of May 2026

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107.093 Restraining order; request for hearing. (1) After a petition for marital annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent as provided in ORCP 7, a restraining order is in effect against the petitioner and the respondent until a final judgment is issued, until the petition for marital annulment, separation or dissolution is dismissed, or until further order of the court.

(2) The restraining order issued under this section shall restrain the petitioner and respondent from:

(a) Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary.

(b) Changing beneficiaries or covered parties under any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy.

(c) Transferring, encumbering, concealing or disposing of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life. This paragraph does not apply to payment by either party of:

(A) Attorney fees in the existing action;

(B) Real estate and income taxes;

(D) Expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

(d) Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party. This paragraph does not apply to payment by either party of expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

(e) Exercising authority as an agent for the other party under a power of attorney described in ORS 127.005 to 127.045, a health care representative for the other party under a form appointing a health care representative described in ORS 127.505 to 127.660 or an attorney-in-fact for the other party under a declaration for mental health treatment described in ORS 127.700 to 127.737, unless the power of attorney, form appointing a health care representative or declaration for mental health treatment otherwise provides.

(3) Either party restrained under this section may apply to the court for further temporary orders, including modification or revocation of the restraining order issued under this section.

(4) The restraining order issued under this section shall also include a notice that either party may request a hearing on the restraining order by filing a request for hearing with the court.

(5) A copy of the restraining order issued under this section shall be attached to the summons.

(6) A party who violates a term of a restraining order issued under this section is subject to imposition of remedial sanctions under ORS 33.055 based on the violation, but is not subject to:

(a) Criminal prosecution based on the violation; or

(b) Imposition of punitive sanctions under ORS 33.065 based on the violation. [2003 c.414 §2; 2007 c.22 §3; 2021 c.272 §1]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2005–2021 · leading case: In re the Marriage of Johnson, 380 P.3d 983 (Or. Ct. App. 2016).

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In re the Marriage of Johnson, 380 P.3d 983 (Or. Ct. App. 2016). · cites it 4× “ORS 107.093 sets out the provisions that a court may order after a petition for marital dissolution is filed.”

Sjomeling v. Lasser, 285 P.3d 1116 (Or. Ct. App. 2012). “103(1) (providing, in part, that unmarried parents “have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.093 to 107.449 that relate to…”

In Re the Marriage of Gillis, 227 P.3d 809 (Or. Ct. App. 2010). “See ORS 107.093(2)(c) (prohibiting party from disposing of property pending dissolution without written consent of other party or an order of the court).”

McArthur v. Paradis, 120 P.3d 904 (Or. Ct. App. 2005). “on following Wednesday, when father will take child to school or return her to mother; father to have overnight parenting time on alternate Tuesdays; parents to alternate parenting time every two weeks in summer; child support award vacated and remanded for recalculation; name…”

T. S. R. v. J. B. C., 308 P.3d 244 (Or. Ct. App. 2013). · cites it 2× “103(1) provides that, in the context of a proceeding relating to a child born to parents who are not married to one another, “[t]he parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or…”

Underwood, 297 P.3d 508 (Or. Ct. App. 2013). “* * * The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.093 to 107.449 that relate to custody, support and parenting time * *…”

State Ex Rel. Maubach v. Sarangi, 196 P.3d 26 (Or. Ct. App. 2008). · cites it 2× “103(1) (2005), the provisions of ORS chapter 107, except for ORS 107.093 to 107.425, do not apply to parents who were never married to each other.”

Strand v. Garvin, 492 P.3d 1266 (Or. Ct. App. 2021). “, 257 Or App 745 , 751 n 1, 308 P3d 244 (2013) (“[A]lthough mother and father never married, the provisions of ORS 107.093 to 107.449 govern the proceeding that resulted from father’s motion to modify the custody judgment.”

In re Leloff, 314 P.3d 711 (Or. Ct. App. 2013). “The parents have the same rights and responsibilities regarding custody and support of, and parenting time with, their child that married parents would have, and the provisions of ORS 107.”

— Or. Rev. Stat. § 107.093(2)(c) — 2 cases

In re the Marriage of Johnson, 380 P.3d 983 (Or. Ct. App. 2016). “ORS 107.093 sets out the provisions that a court may order after a petition for marital dissolution is filed.”

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