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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