107.705
Definitions for ORS 107.700 to 107.735. As used in ORS 107.700 to 107.735:
(1) “Abuse” means
the occurrence of one or more of the following acts between family or household
members:
(a) Attempting to
cause or intentionally, knowingly or recklessly causing bodily injury.
(b)
Intentionally, knowingly or recklessly placing another in fear of imminent
bodily injury.
(c) Causing
another to engage in involuntary sexual relations by force or threat of force.
(2) “Child” means
an unmarried person who is under 18 years of age.
(3) “Declaration
under penalty of perjury” means a declaration under penalty of perjury in the
form required by ORCP 1 E.
(4) “Family or
household members” means any of the following:
(a) Spouses.
(b) Former
spouses.
(c) Adult persons
related by blood, marriage or adoption.
(d) Persons who
are cohabiting or who have cohabited with each other.
(e) Persons who
have been involved in a sexually intimate relationship with each other within
two years immediately preceding the filing by one of them of a petition under
ORS 107.710.
(f) Unmarried
parents of a child.
(5) “Interfere”
means to interpose in a manner that would reasonably be expected to hinder or
impede a person in the petitioner’s situation.
(6) “Intimidate”
means to act in a manner that would reasonably be expected to threaten a person
in the petitioner’s situation, thereby compelling or deterring conduct on the
part of the person.
(7) “Menace”
means to act in a manner that would reasonably be expected to threaten a person
in the petitioner’s situation.
(8) “Molest”
means to act, with hostile intent or injurious effect, in a manner that would
reasonably be expected to annoy, disturb or persecute a person in the
petitioner’s position. [1977 c.845 §5; 1979 c.161 §1; 1981 c.780 §1; 1985 c.629
§1; 1987 c.331 §3; 1987 c.805 §1; 1993 c.643 §1; 1995 c.637 §2; 1997 c.863 §8;
1999 c.617 §6; 1999 c.1052 §12; 2015 c.121 §12]
Notes of Decisions
Cited in
90
cases (
31 in the last 5 years), 1994–2026 · leading case:
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
· cites it 119× “" ORS 107.705(1) (emphasis added). On appeal, respondent reiterates his contention before the trial court that the evidence was legally (and factually) insufficient to establish the requisite "imminent" threat constituting "abuse" within the meaning of ORS 107.”
State v. Akins, 373 Or. 476 (Or. 2025).
· cites it 8× “”8 There is no dispute that the acts alleged in the indictment constitute “act[s] of abuse” within the meaning of OEC 803(18a)(b).”
Boyd v. Essin, 12 P.3d 1003 (Or. Ct. App. 2000).
· cites it 6× “As part of the order, the court found that "[p]etitioner [Linda Boyd] has been abused by respondent [George Essin] as defined in ORS 107.705" and that the abuse had occurred within 180 days.”
M. A. B. v. Buell, 466 P.3d 949 (Or. 2020).
· cites it 2× “” ORS 107.705(1). If the court issues a protective order, then the respondent may request a hearing to contest any relief granted.”
Szalai v. Holder, 572 F.3d 975 (9th Cir. 2009).
· cites it 3× “718(1) (indicating that the court may issue a FAPA restraining order upon a showing that the individual "has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition," and "that there is an imminent danger of further abuse to the…”
Daley v. Daley, 380 P.3d 1226 (Or. Ct. App. 2016).
· cites it 4× “Pursuant to ORS 107.705(1), abuse is defined as: “(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.”
State v. Juarez-Hernandez, 503 P.3d 487 (Or. Ct. App. 2022).
· cites it 2× “It allows the admission of hearsay statements concerning certain acts: acts of abuse as defined in ORS 107.705 or ORS 419B.005, including child sexual abuse;2 acts of abuse of an elderly person as defined in ORS 124.”
J. K. v. Kargol, 435 P.3d 814 (Or. Ct. App. 2019).
· cites it 2× “On appeal, respondent concedes that the May 2017 incident constituted abuse as defined by ORS 107.705(1), 2 and we therefore address only his challenge to the sufficiency of the evidence as to the other two requirements.”
State v. Akins, 373 Or. 506 (Or. 2025).
· cites it 8× “”8 There is no dispute that the acts alleged in the indictment constitute “act[s] of abuse” within the meaning of OEC 803(18a)(b).”
K. G. G. v. Lucarelli, 486 P.3d 860 (Or. Ct. App. 2021).
· cites it 3× “He contends that the only incident during the 180 days preceding the filing of the petition did not legally qualify as an incident of “abuse” as defined in ORS 107.705(1)(b), i.e., that respondent intentionally, knowingly, or recklessly placed petitioner in fear of imminent…”
In Re the Marriage of Ringler, 188 P.3d 461 (Or. Ct. App. 2008).
· cites it 5× “However, if a parent has committed abuse, as defined in ORS 107.705,[ 1 ] there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse.”
Hubbell v. Sanders, 263 P.3d 1096 (Or. Ct. App. 2011).
· cites it 3× “1 “Abuse” under ORS 107.705(1) is defined, in part, as “* * * the occurrence of one or more of the following acts between family or household members: “(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.”
— Or. Rev. Stat. § 107.705(1) — 32 cases
M. A. B. v. Buell, 466 P.3d 949 (Or. 2020).
“” ORS 107.705(1). If the court issues a protective order, then the respondent may request a hearing to contest any relief granted.”
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
“" ORS 107.705(1) (emphasis added). On appeal, respondent reiterates his contention before the trial court that the evidence was legally (and factually) insufficient to establish the requisite "imminent" threat constituting "abuse" within the meaning of ORS 107.”
J. K. v. Kargol, 435 P.3d 814 (Or. Ct. App. 2019).
“On appeal, respondent concedes that the May 2017 incident constituted abuse as defined by ORS 107.705(1), 2 and we therefore address only his challenge to the sufficiency of the evidence as to the other two requirements.”
Boyd v. Essin, 12 P.3d 1003 (Or. Ct. App. 2000).
“As part of the order, the court found that "[p]etitioner [Linda Boyd] has been abused by respondent [George Essin] as defined in ORS 107.705" and that the abuse had occurred within 180 days.”
Daley v. Daley, 380 P.3d 1226 (Or. Ct. App. 2016).
“Pursuant to ORS 107.705(1), abuse is defined as: “(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.”
— Or. Rev. Stat. § 107.705(1)(a) — 4 cases
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
“" ORS 107.705(1) (emphasis added). On appeal, respondent reiterates his contention before the trial court that the evidence was legally (and factually) insufficient to establish the requisite "imminent" threat constituting "abuse" within the meaning of ORS 107.”
— Or. Rev. Stat. § 107.705(1)(b) — 12 cases
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
“" ORS 107.705(1) (emphasis added). On appeal, respondent reiterates his contention before the trial court that the evidence was legally (and factually) insufficient to establish the requisite "imminent" threat constituting "abuse" within the meaning of ORS 107.”
K. G. G. v. Lucarelli, 486 P.3d 860 (Or. Ct. App. 2021).
“He contends that the only incident during the 180 days preceding the filing of the petition did not legally qualify as an incident of “abuse” as defined in ORS 107.705(1)(b), i.e., that respondent intentionally, knowingly, or recklessly placed petitioner in fear of imminent…”
— Or. Rev. Stat. § 107.705(1)(c) — 1 case
State v. Juarez-Hernandez, 503 P.3d 487 (Or. Ct. App. 2022).
“It allows the admission of hearsay statements concerning certain acts: acts of abuse as defined in ORS 107.705 or ORS 419B.005, including child sexual abuse;2 acts of abuse of an elderly person as defined in ORS 124.”
— Or. Rev. Stat. § 107.705(3) — 1 case
— Or. Rev. Stat. § 107.705(4) — 3 cases
— Or. Rev. Stat. § 107.705(4)(c) — 1 case
— Or. Rev. Stat. § 107.705(4)(e) — 1 case
— Or. Rev. Stat. § 107.705(5) — 1 case
— Or. Rev. Stat. § 107.705(b) — 1 case
— Or. Rev. Stat. § 107.705(l)(a) — 3 cases
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
“" ORS 107.705(1) (emphasis added). On appeal, respondent reiterates his contention before the trial court that the evidence was legally (and factually) insufficient to establish the requisite "imminent" threat constituting "abuse" within the meaning of ORS 107.”
Daley v. Daley, 380 P.3d 1226 (Or. Ct. App. 2016).
“Pursuant to ORS 107.705(1), abuse is defined as: “(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.”
— Or. Rev. Stat. § 107.705(l)(b) — 9 cases
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
“" ORS 107.705(1) (emphasis added). On appeal, respondent reiterates his contention before the trial court that the evidence was legally (and factually) insufficient to establish the requisite "imminent" threat constituting "abuse" within the meaning of ORS 107.”
Hubbell v. Sanders, 263 P.3d 1096 (Or. Ct. App. 2011).
“1 “Abuse” under ORS 107.705(1) is defined, in part, as “* * * the occurrence of one or more of the following acts between family or household members: “(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.”
Daley v. Daley, 380 P.3d 1226 (Or. Ct. App. 2016).
“Pursuant to ORS 107.705(1), abuse is defined as: “(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.”
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