2021 Oregon Revised Statutes
Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
Section 107.710 - Petition to circuit court for relief; burden of proof.


(2) The petitioner has the burden of proving a claim under ORS 107.700 to 107.735 by a preponderance of the evidence.
(3) A person’s right to relief under ORS 107.700 to 107.735 shall not be affected by the fact that the person left the residence or household to avoid abuse.
(4) A petition filed under ORS 107.700 to 107.735 shall disclose the existence of any custody, Family Abuse Prevention Act or Elderly Persons and Persons With Disabilities Abuse Prevention Act proceedings, or any marital annulment, dissolution or separation proceedings, or any filiation proceeding, pending between the parties, and the existence of any other custody order affecting the children of the parties.
(5) When the petitioner requests custody of any child, the petition shall comply with ORS 109.767 and disclose:
(a) The child’s present residence and the length of time the child has resided at the residence;
(b) The county and state where the child resided for the five years immediately prior to the filing of the petition;
(c) The name and address of the party or other responsible person with whom the child is presently residing;
(d) The name and current address of any party or other responsible person with whom the child resided for the five years immediately prior to the filing of the petition;
(e) Whether the party participated as a party, witness or in any other capacity, in any other litigation concerning the custody of the child in this or any other state;
(f) Whether the party has information of any custody proceeding concerning the child pending in a court of this or any other state; and
(g) Whether the party knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody, parenting time or visitation rights with respect to the child.
(6) For purposes of computing the 180-day period in this section and ORS 107.718, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the petitioner shall not be counted as part of the 180-day period. [1977 c.845 §6; 1981 c.780 §2; 1985 c.629 §2; 1987 c.805 §2; 1993 c.375 §1; 1995 c.637 §3; 1995 c.666 §19; 1997 c.707 §14; 1999 c.617 §4; 1999 c.649 §50; 1999 c.738 §7; 1999 c.1052 §13; 2003 c.264 §7; 2015 c.121 §13]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention

Section 107.005 - Annulment of void marriage; declaration of validity; effect of declaration.

Section 107.015 - Grounds for annulment or dissolution of marriage.

Section 107.025 - Irreconcilable differences as grounds for dissolution or separation.

Section 107.036 - Doctrines of fault and in pari delicto abolished; evidence and consideration of fault.

Section 107.075 - Residence requirements.

Section 107.085 - Petition; title; content.

Section 107.088 - Clerk of court to furnish certain information when petition is filed.

Section 107.089 - Documents parties must furnish to each other; effect of failure to furnish.

Section 107.092 - Notice that spouse may continue health insurance coverage; liability of clerk.

Section 107.093 - Restraining order; request for hearing.

Section 107.094 - Forms for restraining order and request for hearing.

Section 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.

Section 107.097 - Ex parte temporary custody or parenting time orders; temporary protective order of restraint; hearing.

Section 107.101 - Policy regarding parenting.

Section 107.102 - Parenting plan; content.

Section 107.103 - Alternative dispute resolution conference procedure.

Section 107.104 - Policy regarding settlement; enforcement of settlement terms; remedies.

Section 107.105 - Provisions of judgment.

Section 107.106 - Provisions of order or judgment providing for custody, parenting time, visitation or support of child.

Section 107.108 - Support or maintenance for child attending school; rules.

Section 107.115 - Effect of judgment; effective date; appeal pending upon death of party.

Section 107.118 - Definitions for ORS 107.118 to 107.131.

Section 107.121 - Revocation of designation of beneficiary upon entry of judgment.

Section 107.124 - Effect of revocation.

Section 107.127 - Notice of revocation; payments made under governing instrument.

Section 107.131 - Conveyance or release of contingent or expectant interests.

Section 107.133 - Remedy following conviction for attempted murder or conspiracy to commit murder.

Section 107.135 - Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies.

Section 107.136 - Reinstatement of terminated spousal support.

Section 107.137 - Factors considered in determining custody of child.

Section 107.138 - Temporary status quo order regarding child custody.

Section 107.139 - Post-judgment ex parte temporary custody or parenting time order; hearing.

Section 107.145 - Legislative findings regarding deployed parent; vacation or modification of judgment for deployed parent; temporary order; service; absence of child from state.

Section 107.146 - Expedited hearing upon motion by deployed parent; provision for alternate testimony when deployed parent cannot personally appear.

Section 107.154 - Authority of parent when other parent granted sole custody of child.

Section 107.159 - Notice of change of residence.

Section 107.169 - Joint custody of child; modification.

Section 107.174 - Modification of order for parenting time; stipulation; exception for nonresident child.

Section 107.179 - Request for joint custody of children; mediation.

Section 107.406 - Legislative findings; policy regarding spousal support.

Section 107.408 - Duty to provide income tax information.

Section 107.412 - Procedure applicable to ORS 107.407; matters considered; attorney fees.

Section 107.415 - Notice of change of status of child; effect of failure to give notice.

Section 107.425 - Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children.

Section 107.431 - Modification of portion of judgment regarding parenting time or child support; procedure.

Section 107.434 - Expedited parenting time enforcement procedure; remedies.

Section 107.437 - Order of assistance to obtain custody of child held in violation of custody order.

Section 107.449 - Transfer of proceeding under ORS 107.135 to auxiliary court.

Section 107.452 - Reopening case if assets discovered after entry of judgment.

Section 107.465 - Conversion of judgment of separation into judgment of dissolution.

Section 107.485 - Conditions for summary dissolution procedure.

Section 107.490 - Commencement of proceeding; petition content; court authority.

Section 107.500 - Forms.

Section 107.510 - Definitions for ORS 107.510 to 107.610.

Section 107.530 - Source of conciliation services; county to pay expenses.

Section 107.550 - Petition for conciliation jurisdiction; content; rules.

Section 107.560 - Effect of petition; waiver.

Section 107.590 - Court orders; reconciliation agreements.

Section 107.600 - Privacy of proceedings; confidentiality of communications; records.

Section 107.615 - Fees to support services; contracts for service; eligibility rules.

Section 107.705 - Definitions for ORS 107.700 to 107.735.

Section 107.707 - Application of Uniform Child Custody Jurisdiction and Enforcement Act.

Section 107.710 - Petition to circuit court for relief; burden of proof.

Section 107.716 - Hearing; order; certificate of compliance; effect on title to real property; no undertaking required.

Section 107.717 - Appearance by telephone or two-way electronic communication device.

Section 107.718 - Restraining order; service of order; request for hearing.

Section 107.719 - Removal of personal effects; party accompanied by peace officer.

Section 107.720 - Enforcement of restraining orders; sheriff’s proceedings; security; termination order.

Section 107.722 - Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order; modification of preexisting order or judgment.

Section 107.723 - Service of restraining order; transmission by electronic communication device.

Section 107.725 - Renewal of order entered under ORS 107.716 or 107.718.

Section 107.726 - Standing to petition for relief of person under 18 years of age.

Section 107.730 - Modification of order entered under ORS 107.700 to 107.735; service; attorney fees.

Section 107.732 - Recovering custody of child.

Section 107.735 - Duties of State Court Administrator.

Section 107.755 - Court-ordered mediation; rules.

Section 107.765 - When referral to mediation permitted; scope of mediation; report to court of outcome of mediation.

Section 107.775 - Methods of providing mediation services; qualifications; costs.

Section 107.785 - Privacy of proceedings; confidentiality of communications; records.

Section 107.820 - Support order as insurable interest; order to obtain, renew or continue insurance; right of beneficiary to purchase insurance or pay premiums; attorney fees and costs.

Section 107.825 - Court-ordered beneficiary action against third-party beneficiary after death of obligor.

Section 107.835 - Waiver of personal service in subsequent contempt proceeding.

Section 107.840 - Confidentiality of Social Security numbers.