In Oregon, a temporary protective order of restraint is often called a “status quo” order. Oregon has made the important recognition that routine and stability are very important to children. Therefore, the legislature and courts have established a form of order that is designed to minimize instability while children are going through a contested divorce or family law case.
“How is a Temporary Protective Order of Restraint different from a Restraining Order?”
Although they sound somewhat similar, Temporary Protective Orders of Restraint are not Restraining Orders. Restraining orders are more accurately called Family Abuse Prevention Orders (FAPA Orders) and are used in cases of domestic violence.
“What is a Temporary Protective Order of Restraint or Status Quo Order?”
Temporary Protective Orders of Restraint or Status Quo Orders restraining and enjoining each party from:
- Changing the child’s usual place of residence;
- Interfering with the present placement and daily schedule of the child;
- Hiding or secreting the child from the other party;
- Interfering with the other party’s usual contact and parenting time with the child;
- Leaving the state with the child without the written permission of the other party or the permission of the court; or
- In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.
Note that a Temporary Protective Order of Restraint or Status Quo Order is not a temporary custody order. It’s also not a temporary parenting time order. However, it does preserve the routine of the child or children and therefore may continue to preserve the physical custody and parenting time arrangement that was in-place at the time of the filing of the order.
“How do I get a Temporary Protective Order of Restraint?”
ORS 107.097(2) allows for the filing of a Temporary Protective Order of Restraint. If you’ll be using an attorney for your divorce or family law case, it’s best to have your attorney file the show cause order, or to at the very least first discuss the filing of the show cause order. If you cannot afford an attorney, forms are available on the Oregon Circuit Court Website.
“What is the Status Quo?”
According to Wikipedia, “Status quo is a Latin phrase meaning the existing state of affairs, particularly with regards to social or political issues. In the sociological sense, it generally applies to maintain or change existing social structure and values.” In Oregon divorce and family law cases, the status quo is the present placement and daily schedule of the child, the usual contact and parenting time each parent has with the child, the current residence of the child, and the current schedule and daily routine of the child.
“How do I challenge or fight a Temporary Protective Order of Restraint?”
In order to effectively challenge or fight a status quo order, it’s best to have the assistance of an attorney. Once a hearing is requested, the primary issue at the hearing will be 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. An attorney can help you best gather and present evidence of the circumstances of the child or children prior to and at the time of the filing of a show cause order.
For reference, here is the full text of Oregon’s law concerning temporary status quo orders:
ORS 107.097 – Ex parte temporary custody or parenting time orders prohibited; exceptions; temporary protective order of restraint; contents of order; hearing
(1) Except as otherwise provided in subsection (3) of this section, a court may not enter 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
(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) 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 address.
(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 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 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 schedule and daily routine of the child” in ORS 107.138.
ORS 107.138 – Temporary status quo order
(1)(a) A court, upon the motion of a party, may enter a temporary status quo order to either party in a proceeding to modify a judgment that awards custody of a child after:
(A) Notifying the other party; and
(B) Giving the other party an opportunity to contest issuance of the order.
(b) The motion for a temporary status quo order must be supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, setting forth with specificity the information required by ORS 109.767 and the person with whom the child has lived during the preceding year and the child’s current schedule, daily routine and usual place of residence.
(c) Notice to the party against whom the motion for the order is sought must be served at least 21 days before the date set for the hearing. The issue at the hearing is limited to a determination of the status quo at the time the motion for the order was filed.
(2) A temporary status quo order restrains and enjoins each parent 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 parent;
(d) Interfering with the other parent’s usual contact and parenting time with the child;
(e) Leaving the state with the child without the written permission of the other parent or the permission of the court; or
(f) In any manner disturbing the current schedule and daily routine of the child until the motion for modification has been granted or denied.
(3) For purposes of this section:
(a) “Child’s usual place of residence” means the place where the child is living at the time the motion for the temporary order is filed and has lived continuously for a period of three consecutive months, excluding any periods of time during which the noncustodial parent did exercise, or would otherwise have exercised, parenting time.
(b) “Parent’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” mean the contact, parenting time, placement, schedule and routine at the time the motion for the temporary order is filed.
When You’re Ready To File For Divorce
When you are ready to file for divorce, hire a strong and caring advocate. Don’t go it alone. There are many practical, strategic, and legal decisions to be made about what kind of pendente lite orders to file– and when. We can help.