Section 163.738 – Effect of citation; contents; hearing; court’s order; use of statements made at hearing.
(1)(a) A citation shall notify the respondent of a circuit court hearing where the respondent shall appear at the place and time set forth in the citation. The citation shall contain: (A) The name of the court at which the respondent is to appear; (B) The name of the respondent; (C) A copy of the […]
Section 163.741 – Service of stalking protective order; entry of order into law enforcement data systems.
(1) Service of a stalking protective order shall be made by personal delivery of a copy of the order to the respondent. The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court. (2) Whenever a stalking protective order, as authorized by ORS 163.735 […]
Section 163.744 – Initiation of action seeking citation; complaint form.
(1) A person may initiate an action seeking a citation under ORS 163.735 by presenting a complaint to a law enforcement officer or to any law enforcement agency. The complaint shall be a statement setting forth with particularity the conduct that is the basis for the complaint. The petitioner must affirm the truth of the […]
Section 163.750 – Violating a court’s stalking protective order.
(1) A person commits the crime of violating a court’s stalking protective order when: (a) The person has been served with a court’s stalking protective order as provided in ORS 30.866 or 163.738 or if further service was waived under ORS 163.741 because the person appeared before the court; (b) The person, subsequent to the […]
Section 163.753 – Immunity of officer acting in good faith.
A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation under ORS 163.735. [1993 c.626 §11; 1995 c.353 §9] Note: See note under 163.730.
Section 163.755 – Conduct for which stalking protective order may not be issued.
(1) Nothing in ORS 30.866 or 163.730 to 163.750 shall be construed to permit the issuance of a court’s stalking protective order under ORS 30.866 or 163.738, the issuance of a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866: (a) For conduct that is authorized or […]
Section 163.732 – Stalking.
(1) A person commits the crime of stalking if: (a) The person knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person; (b) It is objectively reasonable for a person in the victim’s situation to have been alarmed […]
Section 163.735 – Citation; form.
(1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days and show cause why the court should not enter a court’s stalking protective order when the officer has probable cause to believe that: (a) The person […]
Section 163.730 – Definitions for ORS 30.866 and 163.730 to 163.750.
As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise: (1) “Alarm” means to cause apprehension or fear resulting from the perception of danger. (2) “Coerce” means to restrain, compel or dominate by force or threat. (3) “Contact” includes but is not limited to: (a) Coming into the visual or physical […]