ORS  Guide
Effect of a stalking citation
ORS > Criminal Code > Person - Stalking > 163.738
(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)
© 2020 - 2021 Ross Dargahi - Disclaimer - About