ORS  Guide
Stalking citation
ORS > Criminal Code > Person - Stalking > 163.735
(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)
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