Oregon Divorce Guide

Enforcement

Expedited parenting time Enforce court ordersenforcement procedure – The presiding judge of each judicial district will establish an expedited parenting time enforcement procedure that may or may not include a requirement for mediation. The procedure must be easy to understand and initiate. Unless the parties otherwise agree, the court will conduct a hearing no later than 45 days after the filing of a motion seeking enforcement of a parenting time order. The court will provide forms for:

  • A motion filed by either party alleging a violation of parenting time or substantial violations of the parenting plan. When a person files this form, the person must include a copy of the order establishing the parenting time
  • An order requiring the parties to appear and show cause why parenting time should not be enforced in a specified manner. The party filing the motion shall serve a copy of the motion and the order on the other party

The order must include:

A notice of the potential remedies and the availability of a waiver of any mediation requirement; and a notice that any violation of court orders may result in fines, imprisonment or other penalties, including compulsory community service. [OR Rev Stat § 107.434]

Automatic restraining order – after a petition for annulment, Parenting plansseparation or dissolution is filed and the other party is served, an automatic restraining order goes into effect. The order will restrain both parties from:

  • 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
  • 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
  • Transferring, encumbering, concealing or disposing of property in which the other party has an interest
  • Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party
  • The total aggregate fair market value of personal property assets in which either of the parties has any interest, excluding all encumbrances, is less than $30,000
  • The petitioner waives any right to spousal support.
  • The petitioner waives any rights to pendente lite orders
  • The petitioner knows of no other pending domestic relations suits involving the marriage in this or any other state. [OR Rev Stat § 107.093]

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Getting a restraining order against the other parent requires Enforce court ordersthe complaining party (the petitioner) to file a request for such. An ex parte hearing (a hearing that does not require the other parent’s presence) will be held in person or by telephone on the day the petition is filed or on the following day. If the petitioner has been the victim of abuse by the other party within 180 days preceding the filing of the petition and that there is imminent danger, the court will, if requested by the complaining party:

  • Award temporary custody of the children to the petitioner
  • Order that the abusive parent (the respondent) move from the petitioner’s residence without regard to abusive parents name on any rental lease or mortgage
  • Restrain the respondent from entering, or attempting to enter, a reasonable area surrounding the petitioner’s current or subsequent residence if the respondent is required to move from petitioner’s residence;
  • Restrain the respondent from being within a specific distance of the petitioner
  • Restrain form intimidation, molestation, interference with or menacing the petitioner
  • That a peace officer accompany the party who is leaving or has left the parties residence to remove essential personal effects of the party or the party’s children, or both, including but not limited to clothing, toiletries, diapers, medications, Social Security cards, birth certificates, identification and tools of the trade. [OR Rev Stat § 107.718]

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