107.095
Provisions court may make after commencement of suit and before judgment; entry
of judgment upon affidavit or declaration under penalty of perjury establishing
prima facie case.
(1) After the commencement of a suit for marital annulment, dissolution or
separation and until a general judgment therein, the court may provide as
follows:
(a) That a party
pay to the other party such amount of money as may be necessary to enable the
other party to prosecute or defend the suit, including costs of expert
witnesses, and also such amount of money to the other party as may be necessary
to support and maintain the other party.
(b) For the care,
custody, support and maintenance, by one party or jointly, of the minor
children as described in ORS 107.105 (1)(a) and for the parenting time rights
as described in ORS 107.105 (1)(b) of the parent not having custody of such
children.
(c) For the
restraint of a party from molesting or interfering in any manner with the other
party or the minor children.
(d) That if minor
children reside in the family home and the court considers it necessary for
their best interest to do so, the court may require either party to move out of
the home for such period of time and under such conditions as the court may
determine, whether the home is rented, owned or being purchased by one party or
both parties.
(e) Restraining
and enjoining either party or both from encumbering or disposing of any of the
real or personal property of either or both of the parties, except as ordered
by the court.
(f) For the
temporary use, possession and control of the real or personal property of the
parties or either of them and the payment of installment liens and encumbrances
thereon.
(g) That even if
no minor children reside in the family home, the court may require one party to
move out of the home for such period of time and under such conditions as the
court determines, whether the home is rented, owned or being purchased by one party
or both parties if that party assaults or threatens to assault the other.
(2) A limited
judgment under ORS chapter 18 may be entered in an action for dissolution or
annulment of a marriage providing for a support award, as defined by ORS
18.005, or other money award, as defined by ORS 18.005. Notwithstanding ORS
19.255, a limited judgment entered under this subsection may not be appealed.
Any decision of the court in a limited judgment subject to this subsection may
be appealed as otherwise provided by law upon entry of a general judgment.
(3) The court
shall not require an undertaking in case of the issuance of an order under
subsection (1)(c), (d), (e), (f) or (g) of this section.
(4) In a suit for
annulment or dissolution of marriage or for separation, wherein the parties are
copetitioners or the respondent is found by the court to be in default or the
respondent having appeared has waived further appearance or the parties stipulate
to the entry of a judgment, the court may, when the cause is otherwise ready
for hearing on the merits, in lieu of such hearing, enter a judgment of
annulment or dissolution or for separation based upon a current affidavit or
declaration under penalty of perjury in the form required by ORCP 1 E, executed
by the petitioner or copetitioners, setting forth a prima facie case, and
covering such additional matters as the court may require. If custody of minor
children is involved, then the affidavit or declaration under penalty of
perjury must also include the name of the party with whom the children
currently reside and the length of time they have so resided.
(5) When a court
orders relief under subsection (1)(c) or (d) of this section, the court may
include in its order an expiration date for the order to allow entry of the
order into the Law Enforcement Data System and the databases of the National
Crime Information Center of the United States Department of Justice as provided
in ORS 107.720. If the person being restrained was provided notice and an
opportunity to be heard, the court shall also include in the order, when
appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) or (g)(8)
to affect the person’s ability to possess firearms and ammunition or engage in
activities involving firearms. [1971 c.280 §12; 1973 c.502 §7; 1977 c.205 §1;
1977 c.847 §1; 1977 c.878 §1a; 1979 c.86 §1; 1981 c.668 §1; 1987 c.873 §27;
1987 c.885 §1; 1991 c.82 §1; 1993 c.223 §4; 1993 c.716 §2; 1997 c.704 §41; 1997
c.707 §5; 1999 c.569 §2; 1999 c.1052 §5; 2001 c.286 §1; 2003 c.576 §107; 2011
c.115 §1; 2013 c.155 §3; 2015 c.121 §3]
Notes of Decisions
Cited in
60
cases (
2 in the last 5 years), 1974–2026 · leading case:
Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
· cites it 4× “522: "(1) Whenever a restraining order, as authorized by paragraph (c) or (d) of subsection (1) of ORS 107.095 or ORS 107.715 which includes bail and an expiration date pursuant to ORS 107.”
State v. Copeland, 306 P.3d 610 (Or. 2013).
· cites it 2× “720(l)(a) (2009), in turn, provided, in part: “Whenever a restraining order, as authorized by ORS 107.095 (l)(c) or (d), 107.716 or 107.”
In re the Dissolution of the Marriage of Warren, 570 P.2d 104 (Or. Ct. App. 1977).
· cites it 5× “the court grants a decree of annulment or dissolution of marriage or of separation, it has power further to decree as follows: "4: # * * sj« "(h) A judgment against one party in favor of the other for any sums of money found to be then remaining unpaid upon any enforceable order…”
In Re Complaint as to the Conduct of McKee, 849 P.2d 509 (Or. 1993).
· cites it 2× “After a reasonable investigation of the facts, the lawyer must conclude that neither party would be justified in seeking any pendente lite or other interim order under ORS 107.095; "9. It must reasonably appear to the lawyer that both spouses are competent to handle their…”
In Re the Dissolution of the Marriage of Derby, 571 P.2d 562 (Or. Ct. App. 1977).
· cites it 3× “er the court grants a decree of annulment or dissolution of marriage or of separation, it has power further to decree as follows: "‡ * * * * "(h) A judgment against one party in favor of the other for any sums of money found to be then remaining unpaid upon any enforceable order…”
In re the Marriage of Chester, 18 P.3d 1111 (Or. Ct. App. 2001).
· cites it 2× “105(4) (1995) provided: “If an appeal is taken from a * * dissolution of marriage * * * or from any part of a decree rendered in pursuance of the provisions fallowing for modification of a decree I * * the court making such decree may provide in a separate order for any relief…”
Hermens v. Veal, 843 P.2d 1013 (Or. Ct. App. 1992).
· cites it 6× “* * * The parents shall have the same rights and responsibilities regarding the custody and support of their child that married or divorced parents would have, and the provisions of ORS 107.095 to 107.425 that relate to the custody or support of children shall be applicable to…”
In Re the Marriage of Crump, 908 P.2d 839 (Or. Ct. App. 1995).
· cites it 4× “Pursuant to ORS 107.095, 1 the court awarded temporary spousal support in May 1994, ordering husband to pay $350 toward monthly house and land payments and $450 per month for temporary spousal support, beginning June 1, 1994.”
In the Matter of Marriage of Stokes, 228 P.3d 701 (Or. Ct. App. 2010).
“See Warren and Warren, 31 Or App 213, 218 , 570 P2d 104 (1977) (under former ORS 107.095(2), each payment under a temporary support order that was not paid by its due date became a judgment and could not be cancelled); see also Alls and Alls, 137 Or App 32, 34 , 902 P2d 1204…”
State v. Steinke, 746 P.2d 758 (Or. Ct. App. 1987).
· cites it 2× “310(3) provides: "A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that: "(a) There exists an order issued pursuant to ORS 107.095(1)(c) or (d), 107.716 or 107.”
Matter of Marriage of Haxton & Haxton, 705 P.2d 721 (Or. 1985).
· cites it 2× “I. ORIGINS OF FAMILIAL OBLIGATIONS OF SUPPORT The rights and responsibilities of family members toward each other are regulated by many of our statutes.”
— Or. Rev. Stat. § 107.095(1) — 4 cases
— Or. Rev. Stat. § 107.095(1)(a) — 2 cases
— Or. Rev. Stat. § 107.095(1)(b) — 2 cases
— Or. Rev. Stat. § 107.095(1)(c) — 2 cases
Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
“522: "(1) Whenever a restraining order, as authorized by paragraph (c) or (d) of subsection (1) of ORS 107.095 or ORS 107.715 which includes bail and an expiration date pursuant to ORS 107.”
State v. Steinke, 746 P.2d 758 (Or. Ct. App. 1987).
“310(3) provides: "A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that: "(a) There exists an order issued pursuant to ORS 107.095(1)(c) or (d), 107.716 or 107.”
— Or. Rev. Stat. § 107.095(1)(d) — 1 case
— Or. Rev. Stat. § 107.095(1)(e) — 2 cases
— Or. Rev. Stat. § 107.095(2) — 8 cases
In re the Dissolution of the Marriage of Warren, 570 P.2d 104 (Or. Ct. App. 1977).
“the court grants a decree of annulment or dissolution of marriage or of separation, it has power further to decree as follows: "4: # * * sj« "(h) A judgment against one party in favor of the other for any sums of money found to be then remaining unpaid upon any enforceable order…”
In the Matter of Marriage of Stokes, 228 P.3d 701 (Or. Ct. App. 2010).
“See Warren and Warren, 31 Or App 213, 218 , 570 P2d 104 (1977) (under former ORS 107.095(2), each payment under a temporary support order that was not paid by its due date became a judgment and could not be cancelled); see also Alls and Alls, 137 Or App 32, 34 , 902 P2d 1204…”
In Re the Dissolution of the Marriage of Derby, 571 P.2d 562 (Or. Ct. App. 1977).
“er the court grants a decree of annulment or dissolution of marriage or of separation, it has power further to decree as follows: "‡ * * * * "(h) A judgment against one party in favor of the other for any sums of money found to be then remaining unpaid upon any enforceable order…”
— Or. Rev. Stat. § 107.095(3) — 1 case
— Or. Rev. Stat. § 107.095(4) — 4 cases
Hermens v. Veal, 843 P.2d 1013 (Or. Ct. App. 1992).
“* * * The parents shall have the same rights and responsibilities regarding the custody and support of their child that married or divorced parents would have, and the provisions of ORS 107.095 to 107.425 that relate to the custody or support of children shall be applicable to…”
— Or. Rev. Stat. § 107.095(4)(a) — 2 cases
— Or. Rev. Stat. § 107.095(l)(a) — 3 cases
— Or. Rev. Stat. § 107.095(l)(b) — 3 cases
In re the Marriage of Chester, 18 P.3d 1111 (Or. Ct. App. 2001).
“105(4) (1995) provided: “If an appeal is taken from a * * dissolution of marriage * * * or from any part of a decree rendered in pursuance of the provisions fallowing for modification of a decree I * * the court making such decree may provide in a separate order for any relief…”
— Or. Rev. Stat. § 107.095(l)(c) — 1 case
State v. Steinke, 746 P.2d 758 (Or. Ct. App. 1987).
“310(3) provides: "A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that: "(a) There exists an order issued pursuant to ORS 107.095(1)(c) or (d), 107.716 or 107.”
— Or. Rev. Stat. § 107.095(l)(e) — 3 cases
— Or. Rev. Stat. § 107.095(l)(f) — 3 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.