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Oregon Revised Statutes Procedure in Criminal Matters Generally § 147.520

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) If a response to the order to show cause issued under ORS 147.517 is not timely filed, the court shall:

(a) Make factual findings supported by the record; and

(b) Determine whether the factual findings constitute a violation of a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution.

(2) If the court determines that the victim's rights:

(a) Have been violated, except as provided in paragraph (c) of this subsection, the court shall issue an order after giving due consideration to the proposed remedy.

(b) Have not been violated, the court shall issue an order denying relief.

(c) Have been violated but that the Oregon Constitution or the United States Constitution prohibits all appropriate remedies or that the court has suspended the rights of the victim under ORS 147.517 (4)(b), the court shall issue an order denying relief.

(3) The order issued under subsection (2) of this section must be in writing and, except as provided in ORS 147.517 (4)(b)(B), must include the reasons relief was granted or denied.

(4) The court shall provide a copy of the order issued under subsection (2) of this section to the victim, the prosecuting attorney, the defendant and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (1)(a).

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Cite this article: FindLaw.com - Oregon Revised Statutes Procedure in Criminal Matters Generally § 147.520 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-14-procedure-in-criminal-matters-generally/or-rev-st-sect-147-520/

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