107.720
Enforcement of restraining orders; sheriff’s proceedings; security; termination
order. (1)(a)
Whenever a restraining order, as authorized by ORS 107.095 (1)(c) or (d),
107.716 or 107.718, that includes a security amount and an expiration date
pursuant to ORS 107.095, 107.716 or 107.718 and this section, 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. 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
law enforcement agency, the county sheriff shall immediately enter the order
into the Law Enforcement Data System maintained by the Department of State
Police and into the databases of the National Crime Information Center of the
United States Department of Justice. If the petition and order were served on
the respondent by a person other than a member of a law enforcement agency, the
county sheriff shall enter the order into the Law Enforcement Data System and
databases of the National Crime Information Center 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 the Law Enforcement Data System
constitutes notice to all law enforcement agencies of the existence of the
order. Law enforcement agencies shall 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 the Law Enforcement Data System and the
databases of the National Crime Information Center of the United States
Department of Justice under paragraph (a) of this subsection, a county sheriff
shall cooperate with a request from a law enforcement agency 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 shall remain in effect until the order expires or is
terminated by court order.
(b) When a
restraining order has been entered under ORS 107.718, the restraining order
shall 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 subsection (1) of this section
is terminated before the expiration date, the clerk of the court shall
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 shall promptly remove the original order from the Law
Enforcement Data System and the databases of the National Crime Information
Center of the United States Department of Justice.
(4) Pending a
contempt hearing for alleged violation of a restraining order issued under ORS
107.095 (1)(c) or (d), 107.716 or 107.718, a person arrested and taken into
custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to
135.290. Whenever a restraining order is issued under ORS 107.095 (1)(c) or
(d), 107.716 or 107.718, the issuing court shall set a security amount for the
violation of the order. [1977 c.845 §8; 1979 c.522 §1; 1981 c.780 §7; 1983
c.561 §3; 1991 c.382 §1; 1993 c.188 §10; 1999 c.1052 §1; 2007 c.255 §6; 2011
c.269 §1; 2015 c.121 §14]
Notes of Decisions
Cited in
12
cases, 1983–2013 · leading case:
State v. Copeland, 306 P.3d 610 (Or. 2013).
State v. Copeland, 306 P.3d 610 (Or. 2013).
· cites it 6× “Proof of service shall be made in accordance with ORS 107.720. When the order does not contain the respondent’s date of birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall verify the respondent’s date of birth with the respondent and…”
Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
· cites it 6× “718 restraining the person; and "(b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720; and "(c) The peace officer has probable cause to believe that the person to be arrested has violated the terms of that order.”
State v. Ramos, 2013 NMSC 031 (N.M. 2013).
· cites it 2× “27 (A)(1) (2010); Or. Rev. Stat. Ann. § 107.720 (4) (2012); 23 Pa.”
State v. Copeland, 270 P.3d 313 (Or. Ct. App. 2011).
· cites it 4× “" We note that, although the legislature amended ORS 107.720 in 2011, those amendments apply only to protective orders entered on or after the effective date of the legislationthat is, January 1, 2012.”
Edwards v. Biehler, 124 P.3d 1256 (Or. Ct. App. 2005).
· cites it 2× “Presumably, the witness was referring to the restraining order that an abused family member can obtain under the Family Abuse and Prevention Act (FAPA), ORS 107.”
State v. Steinke, 746 P.2d 758 (Or. Ct. App. 1987).
· cites it 2× “718 restraining the person; "(b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720; and "(c) The peace officer has probable cause to believe that the person to be arrested has violated the terms of that order.”
State v. Tryon, 255 P.3d 498 (Or. Ct. App. 2011).
“718(7)(b) (2007), and ORS 107.720, respectively, to determine whether the return of service was admissible as a public record under OEC 803(8)(b).”
Frady v. Frady, 58 P.3d 849 (Or. Ct. App. 2002).
“Proof of service shall be made in accordance with ORS 107.720.” doing so, the process server is merely documenting the actions taken in the discharge of his or her duties.”
State Ex Rel. Delisser v. Hardy, 749 P.2d 1207 (Or. Ct. App. 1988).
“ORS 107.720; ORS 33.020. Defendant assigns as error that the court denied his demurrer, which asserted that the charging affidavit does not state sufficient facts.”
State v. Ramos, 2013 NMSC 31 (N.M. 2013).
“27 (A)(1) (2010); Or. Rev. Stat. Ann. § 107.720 (4) (2012); 23 Pa.”
State v. Ramos (N.M. 2013).
“27 (A)(1) (2010); Or. Rev. Stat. Ann. § 107.720 (4) (2012); 23 Pa.”
— Or. Rev. Stat. § 107.720(1) — 2 cases
Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
“718 restraining the person; and "(b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720; and "(c) The peace officer has probable cause to believe that the person to be arrested has violated the terms of that order.”
State v. Copeland, 306 P.3d 610 (Or. 2013).
“Proof of service shall be made in accordance with ORS 107.720. When the order does not contain the respondent’s date of birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall verify the respondent’s date of birth with the respondent and…”
— Or. Rev. Stat. § 107.720(1)(a) — 1 case
State v. Copeland, 270 P.3d 313 (Or. Ct. App. 2011).
“" We note that, although the legislature amended ORS 107.720 in 2011, those amendments apply only to protective orders entered on or after the effective date of the legislationthat is, January 1, 2012.”
— Or. Rev. Stat. § 107.720(2)(a) — 2 cases
Edwards v. Biehler, 124 P.3d 1256 (Or. Ct. App. 2005).
“Presumably, the witness was referring to the restraining order that an abused family member can obtain under the Family Abuse and Prevention Act (FAPA), ORS 107.”
— Or. Rev. Stat. § 107.720(3) — 2 cases
Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
“718 restraining the person; and "(b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720; and "(c) The peace officer has probable cause to believe that the person to be arrested has violated the terms of that order.”
Edwards v. Biehler, 124 P.3d 1256 (Or. Ct. App. 2005).
“Presumably, the witness was referring to the restraining order that an abused family member can obtain under the Family Abuse and Prevention Act (FAPA), ORS 107.”
— Or. Rev. Stat. § 107.720(l)(a) — 1 case
State v. Copeland, 306 P.3d 610 (Or. 2013).
“Proof of service shall be made in accordance with ORS 107.720. When the order does not contain the respondent’s date of birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall verify the respondent’s date of birth with the respondent and…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.