Rule 8.080.Statutory Restraining Order to Prevent Dissipation of Assets in Certain Domestic Relations Actions
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 8.080
Plain-English Summary
Some restraining orders in domestic relations cases come from the statute itself rather than from a judge's decision in your case. This rule handles the paperwork that carries them. For the statutory restraining order established by ORS 107.093, the form of notice provided at www.courts.oregon.gov/forms must be used, and the petitioner has to make sure a copy of that notice is attached to the summons as ORS 107.093(5) requires. The notice does not need a judge's signature.
The rule repeats the same structure for proceedings that run through ORS 109.103. There, the form of notice provided at www.courts.oregon.gov/forms is used for the statutory restraining order established by ORS 109.103(5), and the petitioner ensures a copy is attached to the summons as ORS 109.103(5)(d) requires. That notice also needs no judge's signature.
A party who wants to be heard on the order asks for a hearing. The request required by ORS 107.093(3) or ORS 109.103(5)(b) must be in substantially the same form as the one provided at www.courts.oregon.gov/forms. Read the three subsections together: subsections (1) and (2) require the published form of notice itself, while subsection (3) accepts a request for hearing in substantially the same form as the published one.
Frequently Asked Questions
Does a judge have to sign the asset restraining order notice?
No. The rule states that the notice need not be signed by a judge, for the order under ORS 107.093 and for the one under ORS 109.103(5).
The order comes from the statute. The notice is how the other party learns about it.
Who is responsible for attaching the notice to the summons?
The petitioner. Under both subsections, the petitioner must ensure that a copy of the notice is attached to the summons, as ORS 107.093(5) or ORS 109.103(5)(d) requires.
Where do I get the right form?
At www.courts.oregon.gov/forms. The rule requires the form of notice provided there, so use the published version rather than drafting your own.
How do I ask for a hearing about the restraining order?
File the request required by ORS 107.093(3) or ORS 109.103(5)(b). Under this rule, that request must be in substantially the same form as the one provided at www.courts.oregon.gov/forms.
Is there a separate notice for a proceeding under ORS 109.103?
Yes. Subsection (2) covers the statutory restraining order established by ORS 109.103(5) and requires its own published form of notice, attached to the summons as ORS 109.103(5)(d) requires.
Do not substitute the ORS 107.093 notice for it; the rule treats them separately.