OR · rules
UTCR 19.020
INITIATING INSTRUMENT REQUIREMENTS AND MAXIMUM SANCTIONS
(1) In addition to any other requirements for initiating instruments, a complaint in a
contempt proceeding under ORS 33.055 (remedial) or an accusatory instrument in
a contempt proceeding under ORS 33.065 (punitive) must state or include, as
applicable:
(a) In the caption:
(i) The party seeking remedial or punitive sanctions must be designated as
the plaintiff and the alleged contemnor must be designated as the
defendant;
(ii) The word “remedial” or “punitive,” as appropriate, and the words
“violation of restraining order,” if appropriate; and
(iii) If arising from an existing circuit court case, the words “Related to [Court
Name] Case No. [Case Number].”
(b) In the first paragraph:
If arising from an existing circuit court case or from any other existing court
case or agency proceeding, the court or agency name, the case or
proceeding name and number, and the nature of that case.
(c) In the instrument or the body of the complaint:
(i) The maximum sanction(s) that the party seeks;
(ii) As to each sanction sought, whether the party seeking the sanction
considers the sanction remedial or punitive; and
(iii) If the party is seeking remedial sanctions, a notice substantially in the
form set out at ORCP 7.
(d) If the party filing the initiating instrument is seeking a sanction of confinement,
the instrument or the body of the instrument must include a statement that
such sanction is being sought.
(2) Maximum Sanction Imposed. The court shall not impose a sanction greater than
the sanction sought. A punitive sanction is presumed greater than a remedial
sanction. A punitive sanction of confinement is presumed greater than other
punitive sanctions. A remedial sanction of confinement is presumed greater than
other remedial sanctions.
Provenance
- Source
- courts.oregon.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
8f3aa15b14de3988015960f47c2a62da2fea33eebee859e945a4a03f3da19e7e
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