Oregon Statutes 163.763 – Petition to circuit court for relief; burden of proof
(1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if:
Terms Used In Oregon Statutes 163.763
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oath: A promise to tell the truth.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) The person and the respondent are not family or household members;
(b) The respondent is at least 18 years of age; and
(c) The respondent is not prohibited from contacting the person pursuant to a foreign restraining order as defined in ORS § 24.190, an order issued under ORS § 30.866, 124.015, 124.020, 163.738 or 419B.845 or an order entered in a criminal action.
(2)(a) A petition seeking relief under ORS § 163.760 to 163.777 must be filed in the circuit court for the county in which the petitioner or the respondent resides. The petition may be filed, without the appointment of a guardian ad litem, by a person who is at least 12 years of age or by a parent or lawful guardian of a person who is under 18 years of age.
(b) The petition must allege that:
(A) The petitioner reasonably fears for the petitioner’s physical safety with respect to the respondent; and
(B) The respondent subjected the petitioner to sexual abuse.
(c) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury.
(d) The petitioner has the burden of proving a claim under ORS § 163.760 to 163.777 by a preponderance of the evidence. [2013 c.687 § 2; 2015 c.121 § 22; 2019 c.353 § 1]
See note under 163.760.