1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
HOUSE AMENDMENTS TO
HOUSE BILL 2613
By COMMITTEE ON JUDICIARY
April 1
In line 2 of the printed bill, before the period insert “; amending ORS 107.097 and 107.139”.
Delete lines 4 through 9 and insert:
“SECTION 1. ORS 107.097 is amended to read:
“107.097. (1) Except as otherwise provided in subsection (3) of this section, a court may not en-
ter ex parte a temporary order under ORS 107.095, 109.103 or 109.119 providing for the custody of,
or parenting time with, a child.
“(2)(a) A party may apply to a court for a temporary protective order of restraint by filing with
the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E,
conforming to the requirements of ORS 109.767.
“(b) Upon receipt of an application under this subsection, the court may issue a temporary
protective order of restraint restraining and enjoining each party from:
“(A) Changing the child’s usual place of residence;
“(B) Interfering with the present placement and daily schedule of the child;
“(C) Hiding or secreting the child from the other party;
“(D) Interfering with the other party’s usual contact and parenting time with the child;
“(E) Leaving the state with the child without the written permission of the other party or the
permission of the court; or
“(F) In any manner disturbing the current schedule and daily routine of the child until custody
or parenting time has been determined.
“(c) A copy of the order and the supporting affidavit or declaration under penalty of perjury
must be served on the other party in the manner of service of a summons under ORCP 7. The order
must include the following statement:
“_____________________________________________________________________________________
Notice: You may request a hearing on this order as long as it remains in effect by filing with
the court a request for a hearing. In the request you must tell the court and the other party that
you object to the order and specifically why you disagree with the representation of the status quo
described in the order. In the request you must also inform the court of your telephone number or
contact number and your current residence, mailing or contact address.
“_____________________________________________________________________________________
“(3)(a) A court may enter ex parte a temporary order providing for the custody of, or parenting
time with, a child if:
“(A) The party requesting an order is present in court and presents an affidavit or a declaration
under penalty of perjury, alleging that the child is in immediate danger; and
LC 2874/HB 2613-1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
“(B) The court finds, based on the facts presented in the party’s testimony, the party’s affidavit
or declaration under penalty of perjury and the testimony of the other party, if the other party is
present, that the child is in immediate danger.
“(b) When determining whether a child is in immediate danger for purposes of this sec-
tion, the court shall consider whether, absent the temporary order, the child is at present
risk of physical harm, severe psychological damage, sex abuse, severe neglect significantly
affecting the child’s daily life or other similar harms. The court may not find that a child is
in immediate danger for purposes of this section based solely on a parent’s homelessness,
illness, poverty or other similar circumstances.
“[(b)] (c) The party requesting an order under this subsection shall provide the court with
telephone numbers where the party can be reached at any time during the day and a contact ad-
dress.
“[(c)] (d) A copy of the order and the supporting affidavit or declaration under penalty of perjury
must be served on the other party in the manner of service of a summons under ORCP 7.The order
must include the following statement:
“_____________________________________________________________________________________
Notice: You may request a hearing on this order as long as it remains in effect by filing with
the court a request for a hearing. In the request you must tell the court and the other party that
you object to the order on the ground that the child was not in immediate danger at the time the
order was issued. In the request you must also inform the court of your telephone number or contact
number and your current residence, mailing or contact address.
“_____________________________________________________________________________________
“(4)(a) A party against whom an order is entered under subsection (2) or (3) of this section may
request a hearing by filing with the court a hearing request described in subsection (2) or (3) of this
section at any time while the order is in effect.
“(b) The court shall make reasonable efforts to hold a hearing within 14 days and shall hold a
hearing no later than 21 days after receipt of the request for the hearing. The court shall notify
each party of the time, date and place of the hearing.
“(c) An order issued under subsection (2) or (3) of this section remains in effect through the date
of the hearing. If the party against whom the order was entered fails to appear at the hearing
without good cause, the court shall continue the order in effect. If the party who obtained the order
fails to appear at the hearing without good cause, the court shall vacate the order.
“(d) The issue at a hearing to contest:
“(A) A temporary protective order of restraint is limited to a determination of the status quo
at the time the order was issued. If the child’s usual place of residence cannot be determined, the
court may make any further order the court finds appropriate in the best interests of the child.
“(B) A temporary order for the custody of, or parenting time with, a child is limited to whether
the child was in immediate danger at the time the order was issued.
“(5) The State Court Administrator shall prescribe the content and form of a request for a
hearing described in subsections (2) and (3) of this section.
“(6) As used in this section:
“(a) ‘Child’s usual place of residence’ has the meaning given that term in ORS 107.138.
“(b) ‘Party’s usual contact and parenting time,’ ‘present placement and daily schedule of the
HA to HB 2613 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
child’ and ‘current schedule and daily routine of the child’ have the meanings given ‘parent’s usual
contact and parenting time,’ ‘present placement and daily schedule of the child’ and ‘current sched-
ule and daily routine of the child’ in ORS 107.138.
“SECTION 2. ORS 107.139 is amended to read:
“107.139. (1)(a) Following entry of a judgment, a court may enter ex parte a temporary order
providing for the custody of, or parenting time with, a child if:
“(A) A parent of the child is present in court and presents an affidavit or a declaration under
penalty of perjury in the form required by ORCP 1 E, alleging that the child is in immediate danger;
“(B) The parent has made a good faith effort to confer with the other party regarding the pur-
pose and time of this court appearance; and
“(C) The court finds by clear and convincing evidence, based on the facts presented in the
parent’s testimony, the parent’s affidavit or declaration under penalty of perjury and the testimony
of the other party, if the other party is present, that the child is in immediate danger.
“(b) When determining whether a child is in immediate danger for purposes of this sec-
tion, the court shall consider whether, absent the temporary order, the child is at present
risk of physical harm, severe psychological damage, sex abuse, severe neglect significantly
affecting the child’s daily life or other similar harms. The court may not find that a child is
in immediate danger for purposes of this section based solely on a parent’s homelessness,
illness, poverty or other similar circumstances.
“[(b)] (c) The party requesting an order under this subsection shall provide the court with
telephone numbers where the party can be reached at any time during the day and a contact ad-
dress.
“[(c)] (d) A copy of the order and the supporting affidavit or declaration under penalty of perjury
must be served on the other party in the manner of service of a summons under ORCP 7.The order
must include the following statement:
“_____________________________________________________________________________________
Notice: You may request a hearing on this order as long as it remains in effect by filing with
the court a request for a hearing. In the request you must tell the court and the other party that
you object to the order on the ground that the child was not in immediate danger at the time the
order was issued. In the request you must also inform the court of your telephone number or contact
number and your current residence, mailing or contact address.
“_____________________________________________________________________________________
“(2)(a) A party against whom an order is entered under subsection (1) of this section may re-
quest a hearing by filing with the court a hearing request described in subsection (1) of this section
at any time while the order is in effect.
“(b) The court shall hold a hearing within 14 days after receipt of the request for the hearing.
The court shall notify each party of the time, date and place of the hearing.
“(c) An order issued under subsection (1) of this section remains in effect through the date of
the hearing. If the party against whom the order was entered fails to appear at the hearing without
good cause, the court shall continue the order in effect.If the party who obtained the order fails
to appear at the hearing without good cause, the court shall vacate the order.
“(d) The issue at a hearing to contest a temporary order for the custody of, or parenting time
with, a child is limited to whether the child was in immediate danger at the time the order was is-
HA to HB 2613 Page 3 1
2
3
4
5
6
7
sued.
“(3) The State Court Administrator shall prescribe the content and form of a request for a
hearing described in this section.
“(4) A party seeking relief under this section shall concurrently file, or have pending, a motion
under ORS 107.135 to set aside, alter or modify any portion of the judgment that provides for cus-
tody, parenting time or visitation.”.
HA to HB 2613 Page 4