Family Law in Oregon - eBook on Domestic Violence; Family Abuse Prevention Act (2021)

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Item Code:
 485.21EB04
 
SUMMARY
Covers mandatory arrests, no-contact orders, restraint provisions in domestic relations proceedings, Family Abuse Prevention Act restraining orders and their effect on firearm possession, interstate domestic violence crimes, full faith and credit for protective orders, stalking protective orders, and collateral effects of protective orders. From Family Law in Oregon 2021 Edition.
DESCRIPTION

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132-page PDF

Authors:
Debra Dority
Hon. Maureen H. McKnight

§ 4.1 SCOPE OF CHAPTER

§ 4.2 MANDATORY ARREST FOR DOMESTIC VIOLENCE

§ 4.2-1 In Response to Incidence of Domestic Disturbance
§ 4.2-2 Duty to Arrest Is Mandatory
§ 4.2-3 Definitions
§ 4.2-4 Duties in Addition to Arrest
§ 4.2-5 Immunity for Law-Enforcement Officer

§ 4.3 NO-CONTACT ORDER WHILE DEFENDANT IS IN CUSTODY OR ON RELEASE PENDING TRIAL

§ 4.3-1 No-Contact Order Required for Defendant in Custody
§ 4.3-2 No-Contact Order While Defendant Is Released
§ 4.3-3 Mandatory Arrest for Violation of Release Agreement

§ 4.4 RESTRAINT PROVISIONS IN DOMESTIC-RELATIONS PROCEEDINGS

§ 4.5 FAPA RESTRAINING ORDERS

§ 4.5-1 Parties Eligible for Relief
§ 4.5-2 Showing Needed for Issuance of Order
§ 4.5-3 Required Disclosures in Petition
§ 4.5-4 Nondisclosure of Location Information
§ 4.5-5 Mutual Orders
§ 4.5-6 Venue
§ 4.5-7 Ex Parte Hearing to Issue Initial Order
§ 4.5-8 Mandatory Relief at Ex Parte Hearing
§ 4.5-9 Conditional Relief at Ex Parte Hearing
§ 4.5-10 Security Amount
§ 4.5-11 Duration of Relief
§ 4.5-12 Filing, Service, and Entry into Law Enforcement Data System
§ 4.5-13 Contested Hearing Process
§ 4.5-14 Modifying the Restraining Order
§ 4.5-15 Voluntary Dismissal by Petitioner
§ 4.5-16 Renewal of Restraining Order
§ 4.5-17 Renewal of Restraining Order by Former Protected Child, Now 18
§ 4.5-18 Supersession by and of FAPA Orders
§ 4.5-19 Enforcement of FAPA Restraining Order by Oregon Police
§ 4.5-20 Prosecution by District Attorney

§ 4.6 FAPA AND FIREARMS

§ 4.6-1 State Denial and Revocation of Concealed Handgun License
§ 4.6-2 FAPA Term Prohibiting Firearm Possession at Issuance
§ 4.6-3 Federal Prohibition against Purchase or Possession of Firearms or Ammunition
§ 4.6-4 State Prohibition against Purchase or Possession of Firearms or Ammunition

§ 4.7 INTERSTATE DOMESTIC-VIOLENCE CRIMES

§ 4.7-1 Interstate Domestic Violence
§ 4.7-2 Interstate Stalking
§ 4.7-3 Spouse or Intimate Partner Defined
§ 4.7-4 Interstate Violation of a Protection Order

§ 4.8 FULL FAITH AND CREDIT FOR PROTECTIVE ORDERS

§ 4.8-1 Qualifying Foreign Orders
§ 4.8-2 Mutual Orders Not Enforceable against Petitioner
§ 4.8-3 Enforceable Terms of Foreign Orders
§ 4.8-4 Authority of Enforcing Courts
§ 4.8-5 Registration of Foreign Order Not Required
§ 4.8-6 Registration/Entry into LEDS Allowed
§ 4.8-7 Limitations on Internet Publication of Protection Order Information
§ 4.8-8 Mandatory Arrest for Violation
§ 4.8-9 Penalty for False Representation
§ 4.8-10 Local Protection Order versus Foreign Order

§ 4.9 STALKING PROTECTIVE ORDERS (SPOs)

§ 4.9-1 Parties Eligible for Relief
§ 4.9-2 Limitations Period
§ 4.9-3 Showing Needed for Issuance of an SPO
§ 4.9-4 Procedure
§ 4.9-5 Enforcement of Stalking Protective Orders
§ 4.9-6 Termination of SPOs
§ 4.9-7 Stalking Protective Orders and Firearms
§ 4.9-8 Standard of Review on Appeal

§ 4.10 COLLATERAL EFFECTS OF FAPA ORDERS

§ 4.10-1 Custody Presumption Disfavoring FAPA Respondent
§ 4.10-2 Effect on Immigration Status
§ 4.10-3 Unemployment Compensation
§ 4.10-4 Workplace Protections
§ 4.10-5 Landlord–Tenant Law
§ 4.10-6 Federal Housing Law
§ 4.10-7 State Assistance
§ 4.10-8 Address Confidentiality Program