(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.
