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ORS 163.744 — Initiation of action seeking citation; complaint form

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.744 — Initiation of action seeking citation; complaint form

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 substantially the following material: ______________________________________________________________________________ STALKING COMPLAINT Name of petitioner (person presenting complaint): _____________________ Name of person being stalked if other than the petitioner: __________________ ___________________________ Name of respondent (alleged stalker): ___________________________ Description of respondent: ___________________________ ___________________________ ___________________________ Length of period of conduct: ___________________________ ___________________________ Description of relationship (if any) between petitioner or person being stalked, if other than the petitioner, and respondent: ___________________________ ___________________________ Description of contact: ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Subscribed to and affirmed by: ___________________________ (signature of petitioner) (printed name of petitioner) ___________________________ Dated: ____________ ______________________________________

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.744

Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.

Official chapter context and edition notices
Chapter 163 — Offenses Against Persons 2025 EDITION OFFENSES AGAINST PERSONS CRIMES AND PUNISHMENTS HOMICIDE ASSAULT AND RELATED OFFENSES KIDNAPPING AND RELATED OFFENSES COERCION SEXUAL OFFENSES OFFENSES AGAINST FAMILY VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN INVASION OF PRIVACY MISCELLANEOUS STALKING SEXUAL ABUSE RESTRAINING ORDERS HOMICIDE
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Stable record: oregon_criminal_law:legal_authorities:163.744
Source file: ors163.html
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Source location: ORS 163.744 (all printed versions and notes)

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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 substantially the following material: ______________________________________________________________________________ STALKING COMPLAINT Name of petitioner (person presenting complaint): _____________________ Name of person being stalked if other than the petitioner: __________________ ___________________________ Name of respondent (alleged stalker): ___________________________ Description of respondent: ___________________________ ___________________________ ___________________________ Length of period of conduct: ___________________________ ___________________________ Description of relationship (if any) between petitioner or person being stalked, if other than the petitioner, and respondent: ___________________________ ___________________________ Description of contact: ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Subscribed to and affirmed by: ___________________________ (signature of petitioner) (printed name of petitioner) ___________________________ Dated: ____________ ______________________________________________________________________________ (3) A parent may present a complaint to protect a minor child. A guardian may present a complaint to protect a dependent person. (4) By signing the complaint, a person is making a sworn statement for purposes of ORS 162.055 to 162.425. [1993 c.626 §6; 1995 c.353 §5] Note: See note under 163.730.

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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 162.055 — Definitions for ORS 162.055 to 162.425

162.055 Definitions for ORS 162.055 to 162.425. As used in ORS 162.055 to 162.425 and 162.465, unless the context requires otherwise: (1) “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. (2) “Material” means that which could have affected the course or outcome of any proceeding or transaction. Whether a false statement is “material” in a given factual situation is a question of law. (3) “Statement” means any representation of fact and includes a representation of opinion, belief or other state of mind where the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation. (4) “Sworn statement” means any statement that attests to the truth of what is stated and that is knowingly given under any form of oath or affirmation or by declaration under penalty of perjury as described in ORCP 1 E. (5) “Unsworn declaration” has the meaning given that term in ORS 194.805. [1971 c.743 §182; 1981 c.892 §90; 2003 c.194 §4; 2013 c.218 §18]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 162 · ORS 162.055

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.735 — Citation; form

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 or coerced by the contact; and (c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim’s immediate family or household. (2) The Department of State Police shall develop and distribute a form for the citation. The form shall be uniform throughout the state and shall contain substantially the following in addition to any other material added by the department: ______________________________________________________________________________ OFFICER:___________________ AGENCY:___________________ PETITIONER:__________________ PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:______________ RESPONDENT:_________________ On behalf of petitioner, I affirm that I am a law enforcement officer in the State of Oregon. You, the respondent, must appear at _______________ (name and location of court at which respondent is to appear) on ________ (date and time respondent is to appear in court). At this hearing, you must be prepared to establish why the court should not enter a court’s stalking protective order which shall be for an unlimited duration

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.735

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.738 — Effect of citation; contents; hearing; court’s order; use of statements made at hearing

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 respondent that failure to appear at the time, date and place set forth in the citation shall result in the respondent’s arrest and entry of a court’s stalking protective order; and (H) Notice to the respondent of potential liability under federal law for the possession or purchase of firearms or firearm ammunition and for other acts prohibited by 18 U.S.C. 2261 to 2262. (b) The officer shall notify the petitioner in writing of the place and time set for the hearing. (2)(a) The hearing shall be held as indicated in the citation. At the hearing, the petitioner may appear in person or by telephonic appearance. The respondent shall be given the opportunity to show cause why a court’s stalking protective order should not be entered. The hearing may be continued for up to 30 days. The court may enter: (A) A temporary stalking protective order pending further proceedings; or (B) A court’s stalking protective order if the court finds by a preponderance of the evidence that: (i) 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 o

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.738

Stored review status: 2025_edition_later_amendments_unresolved. Incoming connection: Explicit ORS citation in the printed section; applicability is unreviewed.