An order to show cause in Oregon is a court directive requiring a person to appear before a judge and explain why the court should not take a specific action against them. Instead of waiting out the standard motion timeline, this tool compresses the process and pushes the dispute to a hearing quickly. Oregon courts rely on it most often in family law matters and contempt proceedings, and the exact procedure shifts depending on which type of case is driving it.
When Oregon Courts Use This Procedure
The most common setting is domestic relations. Under ORS 107.095, after a divorce, annulment, or legal separation case is filed but before final judgment, a judge can order temporary child support, spousal maintenance, custody, parenting time, and even exclusive use of the family home.1Oregon Revised Statutes. Oregon Code 107.095 – Provisions Court May Make After Commencement of Suit and Before Judgment The order to show cause is the procedural vehicle that gets those temporary questions in front of the judge without waiting months.
Post-judgment modifications are another major use. When a parent needs to change an existing custody, support, or parenting time order, Oregon’s Uniform Trial Court Rules require the request to start with an order to show cause supported by a motion and a sworn affidavit or declaration.2Oregon Judicial Department. Uniform Trial Court Rules – UTCR 8.050
Contempt is the other frequent application. Under ORS 33.055, when someone allegedly violates a court order, the aggrieved party, a district attorney, or the Attorney General can start contempt proceedings. The statute lists an order to show cause as one of three ways to give the required notice to the person accused.3Oregon State Legislature. Oregon Revised Statutes Chapter 33 – Contempt Proceedings A parent who refuses to follow a parenting schedule or ignores a support obligation is the textbook example.
How to Request One
Three documents get the process moving. First, a motion that explains what you want the court to do and why. Oregon’s Uniform Trial Court Rules require every motion to include a memorandum of law or statement of authority showing how the law supports the request.4Oregon Judicial Department. Oregon Uniform Trial Court Rules – Chapter 5 Second, a supporting affidavit or declaration signed under penalty of perjury that lays out the specific facts. UTCR 8.050 requires this sworn statement for modification cases.2Oregon Judicial Department. Uniform Trial Court Rules – UTCR 8.050 Third, a proposed order to show cause for the judge to review, sign, and fill in with a hearing date.
The affidavit is where most requests succeed or fail. Judges will not sign an order based on vague complaints. You need concrete details: specific dates when support payments were missed, dollar amounts owed, incidents where parenting time was denied, or financial records showing a change in circumstances. The Oregon Judicial Department publishes fillable forms and step-by-step packets for self-represented parties in modification cases.5Oregon Judicial Department. Steps for a Show Cause Modification of Judgment Filing
One procedural detail trips people up: file your documents with the court before you serve the other party. If you serve first and file second, you’ll have to re-serve and pay service fees again.5Oregon Judicial Department. Steps for a Show Cause Modification of Judgment Filing
Filing Fees
Oregon’s 2026 circuit court fees depend on the type of motion and case. For domestic relations cases seeking a supplemental judgment, like a modification of custody or support, the fee is $167 for both the party filing and the party responding. Expedited parenting time motions under ORS 107.434 cost $56. Temporary prejudgment custody or parenting time orders under ORS 107.097 carry no fee.6Oregon Judicial Department. 2026 Circuit Court Fee Schedule In civil cases outside domestic relations, motion fees for matters like summary judgment or preliminary injunctions run $111.7Oregon State Legislature. Oregon Revised Statutes Chapter 21 – State Court Fees
If you can’t afford the fee, you can apply for a deferral or waiver. The Oregon Judicial Department provides a downloadable packet on its Fees page.8Oregon Judicial Department. Oregon Judicial Department – Fees A judge decides based on your financial situation.
Serving the Signed Order
Service rules depend on what the case is about. In contempt proceedings, ORS 33.055 requires personal service on the person accused of contempt using the methods in ORCP 7.3Oregon State Legislature. Oregon Revised Statutes Chapter 33 – Contempt Proceedings That means hand-delivery by someone at least 18, who lives in Oregon or the state where service happens, and is not a party to the case.9Oregon Public Law. ORCP 7 – Summons If the contempt defendant has an attorney in the related case, that attorney must also be served under ORCP 9.
For motions between parties already litigating a case, service follows ORCP 9, which allows delivery to the opposing party’s attorney by hand, mail, email, or fax. There is one important exception written into ORCP 9: any notice or document meant to bring a party into contempt can only be served on that party personally.10Oregon Public Law. ORCP 9 – Service and Filing of Pleadings and Other Papers
After service, the person who delivered the documents must file proof with the court. For a non-sheriff server, that proof is a certificate identifying the specific documents, the date, place, and manner of service, and confirming the server’s qualifications.9Oregon Public Law. ORCP 7 – Summons In modification cases, if the court doesn’t receive a certificate of service within 63 days of filing, it may send a notice of dismissal.5Oregon Judicial Department. Steps for a Show Cause Modification of Judgment Filing
When You Can’t Find the Other Party
If personal service proves impossible despite reasonable efforts, you can file a motion with a supporting affidavit asking the court to authorize an alternative method. Under ORCP 7 D(6), the court can approve whatever combination of methods is most likely to actually notify the other party. If you know or can reasonably find the person’s current address, you’ll typically need to mail copies by first class mail plus certified or registered mail. If even the last known address is unknown, the court may waive the mailing requirement.9Oregon Public Law. ORCP 7 – Summons In contempt cases, ORS 33.055 allows the court to order alternative service or issue an arrest warrant if the person cannot be personally served.3Oregon State Legislature. Oregon Revised Statutes Chapter 33 – Contempt Proceedings
If You’ve Been Served
In a modification case, you generally have 30 days from the date of service to file a written response with the court.5Oregon Judicial Department. Steps for a Show Cause Modification of Judgment Filing That response is your chance to dispute the facts in the other party’s motion and lay out your own. If the case involves child support or spousal support and you disagree on the amount, you’ll need to complete a Uniform Support Declaration detailing your income and expenses.
Filing a written response matters. Attending the hearing matters more. The court’s instructions are blunt: you must appear at the scheduled hearing even if you haven’t filed a written response.5Oregon Judicial Department. Steps for a Show Cause Modification of Judgment Filing Skipping is the single biggest mistake people make.
The Hearing
Both parties appear before the judge on the scheduled date. The party who filed the motion carries the burden of proof. In contempt proceedings, Oregon sets that bar at clear and convincing evidence for most remedial sanctions. If confinement is on the table, the standard rises to beyond a reasonable doubt, the same burden used in criminal cases.3Oregon State Legislature. Oregon Revised Statutes Chapter 33 – Contempt Proceedings
These hearings are narrower than a full trial. The judge focuses on the specific issues raised in the motion, hears testimony from both sides, reviews documentary evidence, and may ask pointed questions. At the end, the judge either rules from the bench or takes the matter under advisement for a short period. If the moving party prevails, the court signs a new order granting the requested relief, whether that’s modified support amounts, changed custody arrangements, or contempt sanctions.
If Someone Doesn’t Show Up
If you’re the respondent and you don’t appear, the court can grant everything the other side asked for without further notice. In a modification case, the requesting party can submit a proposed supplemental judgment and the court may sign it based solely on the moving party’s documents.5Oregon Judicial Department. Steps for a Show Cause Modification of Judgment Filing You could end up with a custody arrangement or support obligation you never had a chance to contest.
The reverse is also true. If you filed the motion and you don’t appear, the court will dismiss it and no changes will be made to the existing judgment. You must appear even if the other party never filed a written response.5Oregon Judicial Department. Steps for a Show Cause Modification of Judgment Filing
Contempt Sanctions
Oregon divides contempt sanctions into two categories: remedial and punitive. The difference matters because the penalties and burdens of proof are different.
Remedial sanctions are designed to force compliance. A remedial fine accumulates until the person obeys the court’s order, and a remedial confinement continues until the person complies. The person holds the keys to their own cell by choosing to follow the order.11Oregon State Legislature. Oregon Revised Statutes Chapter 33 – Types of Sanctions Any sanction that requires payment to the other party in the case is automatically classified as remedial.
Punitive sanctions punish past disobedience. Under ORS 33.105, the court can impose one or more of the following for each separate act of contempt:
- A fine up to $500 or 1% of the person’s annual gross income, whichever is greater.
- Forfeiture of any profits or proceeds gained through the contemptuous conduct.
- Confinement for up to six months in jail.
- Probation or community service.
In summary contempt proceedings, where the contempt occurs in the judge’s presence, the caps are lower: fines max out at $500 and confinement at 30 days. Contempt sanctions stack on top of any other civil or criminal consequences arising from the same behavior.11Oregon State Legislature. Oregon Revised Statutes Chapter 33 – Types of Sanctions
After the Ruling
If the court grants the motion and a judgment is entered, the party responsible for preparing the final written judgment must send a proposed version to the other side before submitting it to the court. Under UTCR 5.100, the opposing party has seven days to review and object. If the parties can’t resolve their disagreements, either side can submit written objections directly to the court.5Oregon Judicial Department. Steps for a Show Cause Modification of Judgment Filing The terms in the final judgment must match what was requested in the motion unless the judge made different orders at the hearing.