COVID-19 FAMILY LAW COURT GUIDE: PORTLAND METRO AREA

UPDATE – MAY 16, 2020

The Chief Justice of the Oregon Supreme Court has announced the plan to gradually reopen the courts. Each court will be able to ease their restrictions as their county is approved to enter Phase One of the Oregon reopening plan. At this moment, this plan does not affect the restrictions in place in Clackamas, Multnomah, or Washington County.

COVID-19 has altered the lives of all Oregonians, including how we are able to interact with and access the court system. Oregon courts have responded by limiting court hours and accessibility.  If you have or want to start a family law case in Washington, Multnomah, or Clackamas County, the restrictions below currently apply.

Multnomah County: (Last Updated on April 14, 2020)

The court will still hold the following hearings:

• Motions for Restraining Orders will be accepted at the Justice Center (1120 SW 3rd Ave, Portland, OR 97204) before 12:00pm each day.  They will be heard by a judge at 1:15pm at the Multnomah County Circuit Courthouse each day. Contested restraining order hearings will be scheduled, and the parties will be sent notice of the time, date, and location of the hearing by mail and/or email.
• Motions for Immediate Danger Orders will be heard by a judge at 1:15pm at the Multnomah County Circuit Courthouse each day during the restraining order docket. Contested immediate danger hearings will be scheduled, and the parties will be sent notice of the time, date, and location of the hearing.
• Restraining order violation hearings when the accused is held in state custody will be scheduled and heard.
• Support enforcement hearing when the accused is held in state custody will be scheduled and heard.
• Civil commitments hearings will be held by phone.

Other Family Law Hearings:

• All other hearings and trial assignments scheduled to occur before June 1, 2020 will be postponed and rescheduled. The parties will be sent notice of the postponement.
• A party may request, by filing a motion electronically and giving notice to all parties of doing so, to schedule a proceeding or hearing before June 1, 2020. Such requests will only be granted if the Chief Family Law Judge determines an earlier hearing is necessary, can be conducted remotely or with sufficient social distancing, that reasonable safety precautions are available to protect all involved, and that sufficient staff and judges are available.

The following legal filings are still being accepted electronically and processed, but are being processed at a slower than normal rate. Other legal filings which require a hearing date or a judge’s signature are not currently being accepted or processed:

• Pleadings initiating a case (such as Petitions)
• Proposed Judgments (stipulated and not stipulated)
• Requests for hearings on restraining orders and immediate danger orders
• Motions to Modify (but not proposed Orders to Show Cause for those motions)
• Attorney withdrawals, substitutions, and notices of representation
• Identity change documents
• Proofs of Service
• Adoption judgments
• Requests & Motions for an appointment of attorney to represent minor children
• Proposed orders to defer or waive a parent education class requirement accompanying a proposed stipulated judgment
• Support Enforcement Division administrative filings

Fee Waiver or Deferral Applications:

• An application for a fee waiver or deferral can be sent by mail along with the documents being filed. The Court’s mailing address is Multnomah County Courthouse, 1021 SW Fourth Avenue, Portland, OR 97204.
• Your fee may not ultimately be waived or waived completely. You should check to see if any fee amount is owed before completing your case.

Mediation and Parent Education Classes:

• Family Court Services will continue to perform mediations, but by phone. For questions about mediation, call 503-988-3189 and leave a message.
• In-person parent education classes are cancelled, but are offered online.

Custody and Parenting Time Orders:

• Custody and Parenting Time Orders remain in effect to the fullest extent possible. See the Court’s Custody and Parenting Time Order for more information.

Still have questions? Send an email to Mul.Familylaw@ojd.state.or.us.

Washington County: (Last Updated on April 10, 2020)

The Washington County Courthouse is open to the public from 10:00am to 3:00pm.

The court will still hold the following hearings as scheduled:

• Civil Commitment hearings.
• The court will hear the following Motions or hold the following hearings. If possible and allowed by law, hearings will be held via remote means:
• Motions for Immediate Danger and contested Immediate Danger hearings. Motions for Immediate Danger must be presented in person at ex parte, which occurs at 10:30am each day. Get there early to go to the clerk’s counter first.
• Motions for Orders of Assistance for the return of a child held in violation of a custody order. Motions for Orders of Assistance must be presented in person at ex parte, which occurs at 10:30am each day. Get there early to go to the clerk’s counter first.
• Motions for Restraining Orders or other Protective Orders. Motions for Restraining Orders must be presented in-person between 10:00am-11:00am. Hearings will be held at 1:00pm, by phone if requested.
• Contested restraining order hearings will be scheduled, and the parties will be sent notice of the time, date, and location of the hearing.

Other Family Law Hearings:

• Stipulated Judgments and Orders may be submitted for the judge’s signature by emailing wsh.family.level.3.communications@ojd.state.or.us.
• Status Quo and Enforcement filings can be sent by email to wsh.family.level.3.communications@ojd.state.or.us for processing, and a hearing will be set pursuant to statutory timelines. Status Quo filings can also be presented in person at ex parte, which occurs at 10:30am each day. Get there early to go to the clerk’s counter first.

All other hearings scheduled before June 1, 2020 will be postponed and rescheduled. The parties will be sent notice of the postponement.

Other Ex Parte filings can be sent by email to wsh.family.level.3.communications@ojd.state.or.us for processing.

Other filings may be submitted electronically, but will likely not be processed until further notice.

Fee Waiver or Deferral Applications:

• Applications for fee waivers or deferrals can be filed in person or by sending them in the mail to Washington County Circuit Court, 150 N. 1^st Avenue, MS37, Hillsboro, OR  97124, along with the pleadings to be filed.

Custody and Parenting Time Orders:

• Custody and Parenting Time Orders remain in effect to the fullest extent possible. See the Court’s Custody and Parenting Time Order for more information.

Mediation and Parent Education Classes:

• In-person parent education classes are cancelled, but are offered online.
• Mediations will be conducted by phone. For questions, contact Conciliation Services by phone (503) 846-3428 or e- mail conciliation_services@co.washington.or.us.

Still have questions? You can call the Court at 503-846-8888 between 10:00am and 3:00pm, Monday through Friday. 

Clackamas County: (Last Updated on April 10, 2020)

The Clackamas County Courthouse is open to the public from 10:00am to 4:00pm. Certain documents can be filed in person at earlier times (see below).

The court will hear the following Motions or set the following hearings:

• Motions for Restraining Orders or other Protective Orders. Motions for Restraining Orders must be filed in person between 8:00am-10:30am. In person appearances will be required at 1:00pm the same day.
• Stalking Order Applications must be filed in person between 10:00am and 4:00pm. In person appearances will be scheduled for the next judicial day.
• Contested or other restraining order hearings will be scheduled, and the parties will be sent notice of the time, date, and location of the hearing. Hearings will generally be conducted remotely or electronically.
• Immediate Danger, Status Quo, and Enforcement filings must be presented in person at 1:00pm in the courtroom scheduled to hear ex parte. If a hearing is requested or required, the parties will be sent notice of the time, date, and location of the hearing. Hearings will generally be conducted remotely or electronically if requested.

Other Family Law Hearings:

• All other hearings scheduled before June 1, 2020 will be postponed and rescheduled. The parties will be sent notice of the postponement.
• Electronic filings are still being accepted, but are being processed at a slower than normal rate.

Fee Waiver or Deferral Applications:

• Applications for fee waivers or deferrals must be filed in person between 10:00am and 4:00pm. 

Mediation and Parent Education Classes:

• Mediations will be conducted by video conferencing. For questions, contact Clackamas County Resolution Services by phone (503) 655-8415 or e- mail rs@clackamas.us.
• In-person parent education classes are cancelled, but are offered online.

Custody and Parenting Time Orders:

• Custody and Parenting Time Orders remain in effect to the fullest extent possible. See the Court’s Custody and Parenting Time Order for more information.

Still have questions?

For self-represented family law parties only, send an email to cla.familylaw@ojd.state.or.us.

For other general questions, send an email to cla.court.info@ojd.state.or.us.

Still Need Help?

Many of these new restrictions may be unclear or confusing. If you have more questions or would like to learn more about how these closures may affect you and your family contact The Commons Law Center by calling 503-850-0811 or by emailing your Commons Law attorney.