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
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
File SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:163.738 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 621af54ad317022fb89891a2d177b2783bd4dea82d320d41c2c41c00c1b008de Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.738 (all printed versions and notes)
Stored source content
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 or household thereby alarming or coercing the other person;
(ii) It is 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) In the order, the court shall specify the conduct from which the respondent is to refrain, which may include all contact listed in ORS 163.730 and any attempt to make contact listed in ORS 163.730. The order is of unlimited duration unless limited by law. If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent’s ability to possess firearms and ammunition or engage in activities involving firearms.
(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 a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent at court and shall 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 shall 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 any other persons have probable cause to believe that the respondent is dangerous to self or others or is unable to provide for basic personal needs, the court shall initiate commitment procedures as provided in ORS 426.070 or 426.180.
(7) A law enforcement officer shall report the results of any investigation arising from a complaint under ORS 163.744 to the district attorney within three 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 or for violating a court’s stalking protective order as defined in ORS 163.750. [1993 c.626 §4; 1995 c.353 §4; 1997 c.863 §6; 1999 c.1052 §2; 2003 c.292 §2]
Note: See note under 163.730.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163.730 Definitions for ORS 30.866 and 163.730 to 163.750. As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise:
(1) “Alarm” means to cause apprehension or fear resulting from the perception of danger.
(2) “Coerce” means to restrain, compel or dominate by force or threat.
(3) “Contact” includes but is not limited to:
(a) Coming into the visual or physical presence of the other person;
(b) Following the other person;
(c) Waiting outside the home, property, place of work or school of the other person or of a member of that person’s family or household;
(d) Sending or making written or electronic communications in any form to the other person;
(e) Speaking with the other person by any means;
(f) Communicating with the other person through a third person;
(g) Committing a crime against the other person;
(h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person’s relationship with the other person;
(i) Communicating with business entities with the intent of affecting some right or interest of the other person;
(j) Damaging the other person’s home, property, place of work or school;
(k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person;
(L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9;
(m) Obtaining, possessing, transferring, creating, uttering or converting to the person’s own use the personal identification of the other person;
(n) Disclosing an image of the other person, whose intimate parts are visible or who is engaged in sexual conduct, without the consent of the other person;
(o) The use of an electronic service, appli
163.732 Stalking. (1) A person commits the crime of stalking if:
(a) The person knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with 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)(a) Stalking is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if:
(A) The person has a prior conviction for:
(i) Stalking, or an equivalent crime in another jurisdiction; or
(ii) Violating a court’s stalking protective order, or an equivalent crime in another jurisdiction;
(B) The person is the respondent for an active protection order in any jurisdiction that restrains the person from stalking, intimidating, molesting or menacing another person, and the person protected by the order is not the victim of the current offense; or
(C) At least one instance of unwanted contact is the commission of the following against the victim:
(i) A felony;
(ii) Unlawful dissemination of an intimate image under ORS 163.472; or
(iii) Unlawful use of a global positioning system device under ORS 163.715.
(c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. [1993 c.626 §2; 1995 c.353 §2; 2024 c.90 §2]
Note: See note under 163.730.
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: ____________
______________________________________
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 reasonable apprehension regarding the personal safety of a person protected by the order.
(2)(a) Violating a court’s stalking protective order is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, violating a court’s stalking protective order is a Class C felony if:
(A) The person has a prior conviction for:
(i) Stalking, or an equivalent crime in another jurisdiction; or
(ii) Violating a court’s stalking protective order, or an equivalent crime in another jurisdiction;
(B) The person is the respondent for an active protection order in any jurisdiction that restrains the person from stalking, intimidating, molesting or menacing another person, and the person protected by that order is not the same as the person protected by the order at issue in the current offense; or
(C) At least one instance of unwanted contact is the commission of the following against the person protected by the order:
(i) A felony;
(ii) Unlawful dissemination of an intimate image under ORS 163.472; or
(iii) Unlawful use of a global positioning system device under ORS 163.715.
(c) When violating a court’s stalking protective order i
**(a) Offenses.—**
(1) **Travel or conduct of offender.—** — A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
(2) **Causing travel of victim.—** — A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
**(b) Penalties.—** A person who violates this section or section 2261A shall be fined under this title, imprisoned—
(1) for life or any term of years, if death of the victim results;
(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;
(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and
(5) for not more than 5 years, in any
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 2261. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2261. Interstate domestic violence
(a) OFFENSES.—
(1) TRAVEL OR CONDUCT OF OFFENDER.—A per-
son who travels in interstate or foreign com-
merce or enters or leaves Indian country or is
present within the special maritime and terri-
torial jurisdiction of the United States with
the intent to kill, injure, harass, or intimidate
a spouse, intimate partner, or dating partner,
and who, in the course of or as a result of such
travel or presence, commits or attempts to
commit a crime of violence against that
spouse, intimate partner, or dating partner,
shall be punished as provided in subsection (b).
(2) CAUSING TRAVEL OF VICTIM.—A person who
causes a spouse, intimate partner, or dating
partner to travel in interstate or foreign com-
merce or to enter or leave Indian country by
force, coercion, duress, or fraud, and who, in
the course of, as a result of, or to facilitate
such conduct or travel, commits or attempts
to commit a crime of violence against that
spouse, intimate partner, or dating partner,
shall be punished as provided in subsection (b).
(b) PENALTIES.—A person who violates this
section or section 2261A shall be fined under this
title, imprisoned—
(1) for life or any term of years, if death of
the victim results;
(2) for not more than 20 years if permanent
disfigurement or life threatening bodily injury
to the victim results;
(3) for not more than 10 years, if serious bod-
ily injury to the victim results or if the of-
fender uses a dangerous weapon during the of-
fense;
(4) as provided for the applicable conduct
under chapter 109A if the offense would con-
stitute an offense under chapter 109A (without
regard to whether the offense was committed
in the special maritime and territorial juris-
Page 551
TITLE 18—CRIMES AND CRIMINAL PRO
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 2261. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that—
(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;
(B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of [section 1715 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1715&num=0&edition=prelim), is eligible to receive through the mails pistols, revolvers,
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 922. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 922. Unlawful acts
(a) It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage
in the business of importing, manufacturing,
or dealing in firearms, or in the course of
such business to ship, transport, or receive
any firearm in interstate or foreign com-
merce; or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of
importing or manufacturing ammunition, or
in the course of such business, to ship, trans-
port, or receive any ammunition in inter-
state or foreign commerce;
(2) for any importer, manufacturer, dealer,
or collector licensed under the provisions of
this chapter to ship or transport in interstate
or foreign commerce any firearm to any per-
son other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed col-
lector, except that—
(A) this paragraph and subsection (b)(3)
shall not be held to preclude a licensed im-
porter, licensed manufacturer, licensed deal-
er, or licensed collector from returning a
firearm or replacement firearm of the same
kind and type to a person from whom it was
received; and this paragraph shall not be
held to preclude an individual from mailing
a firearm owned in compliance with Federal,
State, and local law to a licensed importer,
licensed manufacturer, licensed dealer, or li-
censed collector;
(B) this paragraph shall not be held to pre-
clude a licensed importer, licensed manufac-
turer, or licensed dealer from depositing a
firearm for conveyance in the mails to any
officer, employee, agent, or watchman who,
pursuant to the provisions of section 1715 of
this title, is eligible to receive through the
mails pistols, revolvers, and other firearms
capable of being concealed on th
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 922. This identifies an authority to review, not proof of applicability.