1,304 indexed section records · 9 chapters · Snapshot built 2026-10-08 UTC · Machine extraction unreviewed
1,304 matching snapshot records. 2025 edition snapshot. Printed versions and notes are retained; later amendments and operative text require review.
ORS Chapter 163 · 2025 edition · Machine extracted
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 intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person’s immediate family or household thereby alarming or coercing the other person;
(b) It is objectively reasonable for a person in the victim’s situation to have been alarmed
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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 stalking complaint;
(D) The date, time and place at which the citation was issued;
(E) The name of the law enforcement officer who issued the citation;
(F) The time, date and place at which the respondent is to appear in court;
(G) Notice to the re
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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 or 163.738, is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of proof of service, on which it is stated that personal service of the order was made on the respondent, an
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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 facts in the complaint.
(2) The Department of State Police shall develop and distribute the form of the complaint. The form shall include the standards for reviewing the complaint and for action. The form shall be uniform throughout the state and shall include su
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163.747 [1993 c.626 §7; repealed by 1995 c.353 §10]
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163.750 Violating a court’s stalking protective order. (1) A person commits the crime of violating a court’s stalking protective order if:
(a) The person has been served with a court’s stalking protective order as provided in ORS 30.866 or 163.738, or service was waived under ORS 163.741 because the person appeared before the court;
(b) The person, subsequent to the service of the order or the waiver of service, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and
(c) If the conduct is prohibited contact as defined in ORS 163.730 (3)(d), (e), (f), (h) or (i), the subsequent conduct has created reasonab
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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.
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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 protected by the labor laws of this state or of the United States.
(b) By or on behalf of a person who is in the legal or physical custody of a law enforcement unit or is in custody under ORS chapter 419C.
(c) By or on behalf of a person not described in pa
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163.760 Definitions for ORS 163.760 to 163.777. As used in ORS 163.760 to 163.777:
(1) “Declaration under penalty of perjury,” “family or household members,” “interfere,” “intimidate,” “menace” and “molest” have the meanings given those terms in ORS 107.705.
(2) “Sexual abuse” means sexual contact with:
(a) A person who does not consent to the sexual contact; or
(b) A person who is considered incapable of consenting to a sexual act under ORS 163.315, unless the sexual contact would be lawful under ORS 163.325 or 163.345.
(3) “Sexual contact” has the meaning given that term in ORS 163.305. [2013 c.687 §1; 2015 c.121 §21]
Note: 163.760 to
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163.763 Petition to circuit court for relief; burden of proof. (1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if:
(a) The person and the respondent are not family or household members;
(b) The respondent is at least 18 years of age; and
(c) The respondent is not prohibited from contacting the person pursuant to a foreign restraining order as defined in ORS 24.190, an order issued under ORS 30.866, 124.015, 124.020, 163.738 or 419B.845 or an order entered in a criminal action.
(2)(a) A petition seeking relief under ORS 163.
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163.765 Restraining order; service of order; request for hearing; duration of order. (1) When a petition is filed in accordance with ORS 163.763, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if an order granting relief under ORS 163.760 to 163.777 is not entered and that the respondent has subjected the petitioner to sexual abuse, the circuit court:
(a) Shall enter an order restraining the respondent from contacting
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163.767 Hearing; order; certificate of compliance; consent agreement. (1) If the respondent requests a hearing under ORS 163.765 (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765.
(2)(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit court may extend the date of the hearing for up to five days so that the party may seek representation.
(b) If one party is represented by an attorney at the hearing, the circuit court may extend the date of
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163.770 Appearance by telephone or electronic communication device. (1) A party may file a motion under ORS 45.400 requesting that the circuit court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 163.760 to 163.777.
(2) In determining whether notice is given sufficiently in advance of the proceeding under ORS 45.400 (2), the circuit court shall consider the expedited nature of a proceeding under ORS 163.760 to 163.777.
(3) In addition to the factors listed in ORS 45.400 (3)(b) that would support a finding of good cause, the circuit court shall conside
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163.773 Enforcement of restraining order; service by sheriff; termination order; contempt proceeding. (1)(a) When a restraining order is issued in accordance with ORS 163.760 to 163.777 and the person to be restrained has actual notice of the restraining order, the clerk of the court or any other person serving the petition and the restraining order shall immediately deliver to a county sheriff copies of the petition and the restraining order and a true copy of proof of service on which it is stated that the petition and the restraining order were served personally on the respondent. If alternative service is ordered by the court, the person
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163.775 Renewal and modification of restraining order. (1)(a) A circuit court may renew a restraining order entered under ORS 163.760 to 163.777 upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional sexual abuse is not required.
(b) A circuit court may renew a restraining order on the basis of an ex parte petition alleging facts supporting the required finding. The petition must include allegations made under oath or affirmation or a declaration under
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163.777 Fees or undertaking may not be required; forms and brochures. (1)(a) A filing fee, service fee or hearing fee may not be charged for proceedings seeking only the relief provided under ORS 163.760 to 163.777.
(b) An undertaking may not be required in any proceeding under ORS 163.760 to 163.777.
(2) A proceeding under ORS 163.760 to 163.777 is in addition to any other available civil or criminal remedies.
(3)(a) The State Court Administrator shall produce:
(A) The forms for petitions and restraining orders, hearing requests and any related forms for use under ORS 163.760 to 163.777; and
(B) An instructional brochure explaining the
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163A.005 Definitions for ORS 163A.005 to 163A.235. As used in ORS 163A.005 to 163A.235:
(1) “Another United States court” means a federal court, a military court, the tribal court of a federally recognized Indian tribe or a court of:
(a) A state other than Oregon;
(b) The District of Columbia;
(c) The Commonwealth of Puerto Rico;
(d) Guam;
(e) American Samoa;
(f) The Commonwealth of the Northern Mariana Islands; or
(g) The United States Virgin Islands.
(2) “Attends” means is enrolled on a full-time or part-time basis.
(3)(a) “Correctional facility” means any place used for the confinement of persons:
(A) Charged with or convicted o
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163A.010 Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction. (1) The agency to which a person reports under subsection (3) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (3) of this section.
(2) Subsection (3) of this section applies to a person who:
(a) Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result of:
(A) Conviction of a
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163A.015 Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction. (1) The agency to which a person reports under subsection (4) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (4) of this section.
(2) Subsection (4) of this section applies to a person who is discharged, released or placed on probation:
(a) By the court after being convicted in this state of a sex crime;
(b) By a federal court after being convicted of a crime for which the person would have to register as a sex offender under federal la
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163A.020 Reporting by sex offender upon moving into state; reporting by certain nonresidents and certain residents. (1)(a) When a person described in subsection (6) of this section moves into this state and is not otherwise required by ORS 163A.010, 163A.015 or 163A.025 to report, the person shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence:
(A) No later than 10 days after moving into this state;
(B) Within 10 days of a change of residence;
(C) Within 10 days of a legal change of name;
(D) Once each year within 10 days of the person’s
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