163.775 Renewal and modification of restraining order. (1)(a) A circuit court may renew a restraining order entered under ORS 163.760 to 163.777 upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional sexual abuse is not required.
(b) A circuit court may renew a restraining order on the basis of an ex parte petition alleging facts supporting the required finding. The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. If the renewal order is granted, the provisions of ORS 163.765 (4) to (8) and 163.767 (3) apply, except that the court may hear no issue other than the basis for renewal, unless requested in the hearing request form and thereafter agreed to by the petitioner. The circuit court shall hold a hearing required under this paragraph within 21 days after the respondent’s request.
(2) At any time after the time period set forth in ORS 163.765 (6):
(a) A party may request that the circuit court modify terms in the restraining order for good cause shown.
(b) A petitioner may request that the circuit court remove terms in the restraining order or make terms in the order less restrictive. Application to the circuit court under this paragraph may be by ex parte motion.
(3) The clerk of the court shall provide without charge the number of certified true copies of the request for modification of the restraining order and notice of hearing necessary to effect service and, at the election of the party requesting the modification, shall have a true copy of the request and notice delivered to the county sheriff for service upon
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163 — Offenses Against Persons
2025 EDITION
OFFENSES AGAINST PERSONS
CRIMES AND PUNISHMENTS
HOMICIDE
ASSAULT AND RELATED OFFENSES
KIDNAPPING AND RELATED OFFENSES
COERCION
SEXUAL OFFENSES
OFFENSES AGAINST FAMILY
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
INVASION OF PRIVACY
MISCELLANEOUS
STALKING
SEXUAL ABUSE RESTRAINING ORDERS
HOMICIDE
File SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:163.775 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 23f0b9913d64cd99df6c5eae0b7fa6d063f85e73bce56a1870e3baee39007e0d Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.775 (all printed versions and notes)
Stored source content
163.775 Renewal and modification of restraining order. (1)(a) A circuit court may renew a restraining order entered under ORS 163.760 to 163.777 upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional sexual abuse is not required.
(b) A circuit court may renew a restraining order on the basis of an ex parte petition alleging facts supporting the required finding. The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. If the renewal order is granted, the provisions of ORS 163.765 (4) to (8) and 163.767 (3) apply, except that the court may hear no issue other than the basis for renewal, unless requested in the hearing request form and thereafter agreed to by the petitioner. The circuit court shall hold a hearing required under this paragraph within 21 days after the respondent’s request.
(2) At any time after the time period set forth in ORS 163.765 (6):
(a) A party may request that the circuit court modify terms in the restraining order for good cause shown.
(b) A petitioner may request that the circuit court remove terms in the restraining order or make terms in the order less restrictive. Application to the circuit court under this paragraph may be by ex parte motion.
(3) The clerk of the court shall provide without charge the number of certified true copies of the request for modification of the restraining order and notice of hearing necessary to effect service and, at the election of the party requesting the modification, shall have a true copy of the request and notice delivered to the county sheriff for service upon the other party.
(4) The county sheriff shall serve the other party with a request for modification of a restraining order under subsection (2)(a) of this section by personal service, unless the party requesting the modification elects to have the other party personally served by a private party or unless otherwise ordered by the circuit court.
(5) The provisions of ORS 163.767 (3) apply to a modification of a restraining order under this section.
(6) The clerk of the court shall deliver a copy of an order of modification entered under this section to the county sheriff for service and entry into the Law Enforcement Data System as provided in ORS 163.773.
(7)(a) The county sheriff shall serve a copy of an order of modification:
(A) Entered under subsection (2)(a) of this section by personal service on the nonrequesting party.
(B) Entered under subsection (2)(b) of this section by mailing a copy of the order of modification to the respondent by first class mail.
(b) If the order of modification recites that the respondent appeared in person before the circuit court, the necessity for service of the order and proof of service is waived.
(8) A restraining order entered under ORS 163.760 to 163.777 may not be terminated on motion of the petitioner, unless the motion is notarized. [2013 c.687 §7; 2015 c.121 §24]
Note: See note under 163.760.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163.760 Definitions for ORS 163.760 to 163.777. As used in ORS 163.760 to 163.777:
(1) “Declaration under penalty of perjury,” “family or household members,” “interfere,” “intimidate,” “menace” and “molest” have the meanings given those terms in ORS 107.705.
(2) “Sexual abuse” means sexual contact with:
(a) A person who does not consent to the sexual contact; or
(b) A person who is considered incapable of consenting to a sexual act under ORS 163.315, unless the sexual contact would be lawful under ORS 163.325 or 163.345.
(3) “Sexual contact” has the meaning given that term in ORS 163.305. [2013 c.687 §1; 2015 c.121 §21]
Note: 163.760 to 163.777 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
163.765 Restraining order; service of order; request for hearing; duration of order. (1) When a petition is filed in accordance with ORS 163.763, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if an order granting relief under ORS 163.760 to 163.777 is not entered and that the respondent has subjected the petitioner to sexual abuse, the circuit court:
(a) Shall enter an order restraining the respondent from contacting the petitioner and from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner.
(b) If the petitioner requests, may order:
(A) That the respondent be restrained from contacting the petitioner’s children or family or household members;
(B) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner’s residence;
(C) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children or family or household members of the petitioner, or attempting to intimidate, molest, interfere with or menace any children or family or household members of the petitioner;
(D) That the respondent be restrained from entering, or attempting to enter, any premises and a reasonable area surrounding the premises when necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or the petitioner’s children or family or household members; and
(E) Other relief necessary to provide for the safety and welfare of the petitio
163.767 Hearing; order; certificate of compliance; consent agreement. (1) If the respondent requests a hearing under ORS 163.765 (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765.
(2)(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit court may extend the date of the hearing for up to five days so that the party may seek representation.
(b) If one party is represented by an attorney at the hearing, the circuit court may extend the date of the hearing for up to five days at the other party’s request so that the other party may seek representation.
(3) If the circuit court continues the restraining order issued under ORS 163.765, with or without modification, at a hearing about which the respondent received actual notice and the opportunity to be heard, the court shall include in the restraining order a certificate in substantially the following form in a separate section immediately above the signature of the judge:
______________________________________________________________________________
CERTIFICATE OF COMPLIANCE
WITH THE VIOLENCE
AGAINST WOMEN ACT OF 1994
This protective order meets all full faith and credit requirements of the Violence Against Women Act of 1994, 18 U.S.C. 2265. This court has jurisdiction over the parties and the subject matter. The respondent was afforded notice and timely opportunity to be heard as provided by the law of this jurisdiction. This protective order is valid and entitled to enforcement in this and all other jurisdictions.
______________________________________________________________________________
(4) The circuit court
163.773 Enforcement of restraining order; service by sheriff; termination order; contempt proceeding. (1)(a) When a restraining order is issued in accordance with ORS 163.760 to 163.777 and the person to be restrained has actual notice of the restraining order, the clerk of the court or any other person serving the petition and the restraining order shall immediately deliver to a county sheriff copies of the petition and the restraining order and a true copy of proof of service on which it is stated that the petition and the restraining order were served personally on the respondent. If alternative service is ordered by the court, the person performing service shall instead immediately deliver to the county sheriff copies of the petition, the restraining order and, if applicable, the summons, and a true copy of proof of service on which it is stated that alternative service was completed in accordance with ORCP 7 D(6). Proof of service may be made by affidavit or by declaration under penalty of perjury. If a restraining order entered by the circuit court recites that the respondent appeared in person before the court, the necessity for service of the restraining order and proof of service is waived.
(b) Upon receipt of a copy of the restraining order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the restraining order into the Law Enforcement Data System maintained by the Department of State Police and the databases of the National Crime Information Center of the United States Department of Justice. If the petition and the restraining order were served on the respondent by a person other than a member of a law enforcement agency, or if alternative service was ordered by the court and