163.763 Petition to circuit court for relief; burden of proof. (1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if:
(a) The person and the respondent are not family or household members;
(b) The respondent is at least 18 years of age; and
(c) The respondent is not prohibited from contacting the person pursuant to a foreign restraining order as defined in ORS 24.190, an order issued under ORS 30.866, 124.015, 124.020, 163.738 or 419B.845 or an order entered in a criminal action.
(2)(a) A petition seeking relief under ORS 163.760 to 163.777 must be filed in the circuit court for the county in which the petitioner or the respondent resides or in which the abuse occurred. The petition may be filed, without the appointment of a guardian ad litem, by a person who is at least 12 years of age or by a parent or lawful guardian of a person who is under 18 years of age.
(b) The petition must allege that:
(A) The petitioner reasonably fears for the petitioner’s physical safety with respect to the respondent; and
(B) The respondent subjected the petitioner to sexual abuse.
(c) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury.
(d) The petitioner has the burden of proving a claim under ORS 163.760 to 163.777 by a preponderance of the evidence. [2013 c.687 §2; 2015 c.121 §22; 2019 c.353 §1; 2024 c.42 §3]
Note: See note under 163.760.
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:163.763 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 4f7ee03c1bb425714206655fd29d39cd50ed043ae386a118b541ff0a4744cd45 Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.763 (all printed versions and notes)
Stored source content
163.763 Petition to circuit court for relief; burden of proof. (1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if:
(a) The person and the respondent are not family or household members;
(b) The respondent is at least 18 years of age; and
(c) The respondent is not prohibited from contacting the person pursuant to a foreign restraining order as defined in ORS 24.190, an order issued under ORS 30.866, 124.015, 124.020, 163.738 or 419B.845 or an order entered in a criminal action.
(2)(a) A petition seeking relief under ORS 163.760 to 163.777 must be filed in the circuit court for the county in which the petitioner or the respondent resides or in which the abuse occurred. The petition may be filed, without the appointment of a guardian ad litem, by a person who is at least 12 years of age or by a parent or lawful guardian of a person who is under 18 years of age.
(b) The petition must allege that:
(A) The petitioner reasonably fears for the petitioner’s physical safety with respect to the respondent; and
(B) The respondent subjected the petitioner to sexual abuse.
(c) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury.
(d) The petitioner has the burden of proving a claim under ORS 163.760 to 163.777 by a preponderance of the evidence. [2013 c.687 §2; 2015 c.121 §22; 2019 c.353 §1; 2024 c.42 §3]
Note: See note under 163.760.
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163.760 Definitions for ORS 163.760 to 163.777. As used in ORS 163.760 to 163.777:
(1) “Declaration under penalty of perjury,” “family or household members,” “interfere,” “intimidate,” “menace” and “molest” have the meanings given those terms in ORS 107.705.
(2) “Sexual abuse” means sexual contact with:
(a) A person who does not consent to the sexual contact; or
(b) A person who is considered incapable of consenting to a sexual act under ORS 163.315, unless the sexual contact would be lawful under ORS 163.325 or 163.345.
(3) “Sexual contact” has the meaning given that term in ORS 163.305. [2013 c.687 §1; 2015 c.121 §21]
Note: 163.760 to 163.777 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
163.765 Restraining order; service of order; request for hearing; duration of order. (1) When a petition is filed in accordance with ORS 163.763, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if an order granting relief under ORS 163.760 to 163.777 is not entered and that the respondent has subjected the petitioner to sexual abuse, the circuit court:
(a) Shall enter an order restraining the respondent from contacting the petitioner and from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner.
(b) If the petitioner requests, may order:
(A) That the respondent be restrained from contacting the petitioner’s children or family or household members;
(B) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner’s residence;
(C) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children or family or household members of the petitioner, or attempting to intimidate, molest, interfere with or menace any children or family or household members of the petitioner;
(D) That the respondent be restrained from entering, or attempting to enter, any premises and a reasonable area surrounding the premises when necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or the petitioner’s children or family or household members; and
(E) Other relief necessary to provide for the safety and welfare of the petitio