Oregon Revised Statutes Chapter 166 § 166.530 — Hearing on order; continuation or termination of order

Hearing on order; continuation or termination of order. (1) At a hearing on an extreme risk protection order requested by the respondent under ORS 166.527 (9), the court may: (a) Examine under oath the petitioner, the respondent and any witness either party may produce, including a mental health professional selected by the respondent, or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent or a witness of either party; and (b) Ensure that a reasonable search has been conducted for criminal history records related to the respondent. (2)(a) The Oregon Evidence Code shall apply in a hearing under this section. (b) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the extreme risk protection order shall remain in effect until the next hearing date. (3)(a) At the hearing, the court shall determine: (A) Whether to terminate the extreme risk protection order or continue the order for a duration of one year; and (B) Whether any deadly weapons surrendered to a law enforcement agency pursuant to ORS 166.537 shall be returned to the respondent or retained by the law enforcement agency. (b) The petitioner has the burden of proving, by clear and convincing evidence, that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person. (c) If the court finds that the petitioner has met the burden of proof, the court shall: (A) Order that the extreme risk protection order continue for the duration of one year from the date the original order was issued. (B) Order that any deadly weapons surrendered to a law enforcement agency pursuant to ORS