(1) nothing in 30.866 (action for issuance or violation of stalking protective order) or 163.730 (definitions) to 163.750 (violating a court's stalking protective order) will be interpreted to permit:

• issuing a court's stalking protective order per 30.866 (action for issuance or violation of stalking protective order) or 163.738 (effect of citation)

• issuance of a citation under 163.735 (citation)

• criminal prosecution under 163.732 (stalking) OR

• a civil action under 30.866 (action for issuance or violation of stalking protective order)

(a) for conduct authorized or protected by the labor laws of Oregon or the United States

(b) by or on behalf of someone 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 someone not described in (b) to or against someone who:

(A) is a parole & probation officer or an officer, employee or agent of a law enforcement unit, a county juvenile department or the Oregon Youth Authority AND

(B) who is acting within the scope of their official duties

(1)(a) a citation will notify the respondent of a circuit court hearing where the respondent will appear at the place and time set forth in the citation. The citation will contain:

(A) the name of the court where the respondent is to appear

(B) the respondent's name

(C) a copy of the stalking complaint

(D) the date, time and place where the citation was issued;

(E) the name of the law enforcement officer who issued the citation

(F) the time, date and place where 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 will 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 will notify the petitioner in writing of the place and time set for the hearing.

(2)(a) the hearing will be held as indicated in the citation. At the hearing, the petitioner may appear in person or by telephonic appearance. The respondent will 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 thirty (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 or household thereby alarming or coercing the other person

(ii) it's objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact AND

(iii) 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.

(b) it's objectively reasonable for person in the victim's situation to be alarmed/coerced by the contact AND

(3) the circuit court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

(4) if the respondent fails to appear at the time, date and place specified in the citation, the circuit court shall issue an arrest warrant as provided in 133.110 (Issuance) in order to ensure the appearance of the respondent at court and will enter a court’s stalking protective order.

(5) the circuit court may also order the respondent to undergo mental health evaluation and, if indicated by the evaluation, treatment. If the respondent is without sufficient resources to obtain the evaluation or treatment, or both, the court will refer the respondent to the mental health agency designated by the community mental health director for evaluation or treatment, or both.

(6) if the circuit court, the mental health evaluator or anyone else have probable cause to believe that the respondent is dangerous to themselves or others or is unable to provide for basic personal needs, the court will initiate commitment procedures as provided in 426.070 (Initiation) or 426.180 (Emergency commitment of individuals in Indian country)

(7) Aa law enforcement officer shall report the results of any investigation arising from a complaint under 163.744 (initiation of action seeking stalking citation) to the district attorney within three (3) days after presentation of the complaint.

(8) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 (Stalking) or for violating a court’s stalking protective order as defined in ORS 163.750 (Violating a court’s stalking protective order)

A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation under 163.735 (stalking citation)

(1) A person may initiate an action seeking a citation under 163.735 (stalking citation) 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 will develop and distribute the form of the complaint. The form will include the standards for reviewing the complaint and for action. The form will be uniform throughout the state and will include substantially the following material:

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: ______________

(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 162.055 (Definitions...) to 162.425 (Misuse of confidential information)

(1) M(a): the crime of stalking is committed if:

(a) the suspect knowingly alarms or coerces a person or the person's immediate family member or household member by engaging in repeated & unwanted contact with them

(b) it's objectively reasonable for someone in the victim's situation to be alarmed/coerced by contact AND

(c) the repeated & unwanted contact causes the victim reasonable apprehension regarding their personal safety or that of an immediate family member or household member

(2)(b) F(c): the subject has prior conviction(s) for:

(A) stalking

(b) 163.750 (violating stalking protective order)

(1) when receiving a stalking complaint initiated per 163.744 (initiation of action seeking stalking citation), a LEO will issue a citation ordering the subject to appear in court within three (3) judicial days and show cause why the court shouldn't enter a stalking protective order when the officer has probable cause to believe that:

(a) the suspect intentionally engaged in repeated & unwanted contact with the victim or the victim's immediate family or household member

(b) it's objectively reasonable for person in the victim's situation to be alarmed/coerced by the contact AND

(c) the repeated & unwanted contact causes the victim reasonable apprehension regarding their or a member of their immediate family or household member's personal safety

(2) the Department of State Police will develop & distribute a form for the citation. The form will be uniform throughout the state & will 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 unless limited by law or court order. If you fail to appear at this hearing, the court shall immediately issue a warrant for your arrest and shall enter a court's stalking protective order.

If the court issues a stalking protective order at this hearing, and while the protective order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to violate this order and then violating this order.

Causing the person protected by the order, if the person is your spouse or intimate partner, to cross state lines or tribal land lines for your purpose of violating the order.

Possessing, receiving, shipping or transporting any firearm or firearm ammunition.

Whether or not a stalking protective order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to injure or harass another person and during, or because of, that travel placing that person in reasonable fear of death or serious bodily injury to that person or to a member of that person's immediate family.

Traveling across state lines or tribal land lines with the intent to injure your spouse or intimate partner and then intentionally committing a crime of violence causing bodily injury to that person.

Causing your spouse or intimate partner to travel across state lines or tribal land lines if your intent is to cause bodily injury to that person or if the travel results in your causing bodily injury to that person.

It has been alleged that you have alarmed or coerced the petitioner, or person to be protected if other than the petitioner. If you engage in contact that alarms or coerces the petitioner, or person to be protected if other than the petitioner, in violation of ORS 163.732 (Stalking), you may be arrested for the crime of stalking.

Date: ________Time: ________

Signed: _______________
(Respondent)

Signed: _______________
(Law enforcement officer)

(1) M(a): it's a violation of this statute when:

(a) the person has been served with a court's stalking protective order as provided in ORS 30.866 (Action for issuance or violation of stalking protective order) or 163.738 (Effect of citation) or if further service was waived under ORS 163.741 (Service of stalking protective order) because the person appeared before the court

(b) the person, subsequent to the service of the order, engaged intentionally, knowingly or recklessly in conduct prohibited by the order AND

(c) if the conduct is the specifically prohibited contact listed below, the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order

• sending or making written or electronic communications in any form to the victim (163.730(3)(d))

• speaking with the other person by any means (163.730(3)(e))

• communicating with the victim through a third person (163.730(3)(f))

• communicating with a third person who has some relationship to the victim with the intent of affecting the third person's relationship with the victim (163.730(3)(h))

• communicating with business entities with the intent of affecting some right or interest of the victim (163.730(3)(i))

(2)(b) F(c): if the person has prior conviction(s) conviction for:

(A) 163.732 (stalking) OR*

(B) violating a court's stalking protective order.