Legal Resources

Automatic Restraining Orders

Oregon law provides that statutory restraining previous automatically are in effect in any dissolution, separation, or annulment case as soon a petition is filed with the court and served on the other party. These restraining orders come into effect by operation of law in all such cases, and there is no provision in the law to let a party or parties "opt out" of them. These orders do not come into effect in paternity cases, grandparent custody petitioner, unmarried parent proceedings, or in any modification case. If the provisions of these automatic orders will cause you a problem or if they are unacceptable to you for any reason, you must file a motion with the court to remove or modify them. These automatic restraining orders, for example, prohibit you from selling a home, changing insurance carriers, selling your used car, having a garage sale, and many other common transactions.

Due to peculiarities in Oregon law, it sometimes is necessary to secure a further "personal" restraining orders in addition to the statutory provisions..

Following is the text of ORS 107.093:

NOTICE OF STATUTORY RESTRAINING ORDER PREVENTING THE DISSIPATION OF ASSETS IN DOMESTIC RELATIONS ACTION

(Attach to Summons per Section 2(5), Chapter 414, Oregon Laws 2003 (03 SB 801)

TO THE PETITIONER AND RESPONDENT:

°°°°
PURSUANT TO ORS 107.093, and UTCR 8.080, Petitioner and Respondent are restrained from:

1. Cancelling, modifying, terminating or allowing to lapse for non-payment 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, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary.
2. 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, or any life insurance policy.
3. Transferring, encumbering, concealing, or disposing of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life. This paragraph (3) does not apply to payment by either party of
   1. Attorney fees in this action;
   2. Real estate and income taxes
   3. Mental health therapy expenses for either party or a minor child of the parties; or
   4. Expenses necessary to provide for the safety and welfare of a party or a minor child
4. Making extraordinary expenditures without providing written notice and accounting of the extraordinary expenditures to the other party. This paragraph (4) does not apply to payments by either party of expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

AFTER FILING OF THE PETITION, THE ABOVE PROVISIONS ARE IN EFFECT IMMEDIATELY UPON SERVICE OF THE SUMMONS AND PETITION UPON THE RESPONDENT. IT REMAINS IN EFFECT UNTIL A FINAL DECREE OR JUDGMENT IS ISSUED, UNTIL THE PETITION IS DISMISSED, OR UNTIL FURTHER ORDER OF THE COURT.

PETITIONER'S AND RESPONDENT'S RIGHT TO REQUEST A HEARING

Either Petitioner or Respondent may request a hearing to apply for further temporary order, or to modify or revoke one or more terms of the Automatic Mutual Restraining Order, by filing with the court the Request for Hearing form specified in Form 8.080.2 in the UTCR Appendix of Forms.

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