Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 81 - HOPE CARD PROGRAM
Section 137-081-0020 - Definitions

Universal Citation: OR Admin Rules 137-081-0020

Current through Register Vol. 63, No. 3, March 1, 2024

(1) "Hope Card" means a durable, wallet-sized card that contains essential information about an eligible civil protection order.

(2) "Applicant" means a petitioner or protected party who has applied for a Hope Card, or a person or entity who has, with the permission of the petitioner or protected party, submitted a Hope Card application on behalf of a petitioner or protected party.

(3)

(a) "Eligible civil protection order" means an injunction or order that meets all of the following requirements:
(A) The injunction or order was granted by a court following the petitioner's request for such injunction or order; and

(B) The injunction or order is not a criminal no-contact order; and

(C) The injunction or order is issued for the purpose of preventing:
(i) Violent or threatening acts or harassment against another person;

(ii) Sexual violence;

(iii) Contact or communication with another person; or

(iv) Physical proximity to another person; and

(D) The respondent has been personally served with the injunction or order, or has received actual notice of the injunction or order in accordance with applicable law; and

(E) Either a hearing has been held on the issuance of the injunction or order, orthe opportunity for an initial contested hearing on the issuance of an injunction or order has passed.

(b) The following are examples of eligible civil protection orders:
(A) Restraining orders issued under ORS 30.866 and 163.730 to 163.750 (Stalking Protective Orders), 107.700 to 107.735 (Family Abuse Prevention Act), 124.005 to 124.040 (Elderly Persons and Persons with Disabilities Abuse Prevention Act), and 163.760 to 163.777 (Sexual Abuse Restraining Orders); and

(B) Foreign restraining orders, including tribal restraining orders, recognized under ORS 24.190.

(4) "Personal identifiers" means date of birth and eye color, hair color, gender, race, height, weight, and any other distinguishing features (for example, scars, marks or tattoos).

(5) "Petitioner" means a person that initiates and has been granted an eligible civil protection order.

(6) "Protected party" means any person protected under an eligible civil protection order.

(7) "Respondent" means the person against whom the eligible civil protection order is filed and who is subject to the conditions of the order.

Statutory/Other Authority: ORS 180.270, HB 2746 (2021)

Statutes/Other Implemented: ORS 180.270, HB 2746 (2021)

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