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Oregon Revised Statutes

Or. Rev. Stat. § 132.586 (2026)

Pleading domestic violence in accusatory instrument

✓ current as of May 2026
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      132.586 Pleading domestic violence in accusatory instrument. (1) As used in this section, “domestic violence” has the meaning given that term in ORS 135.230.

      (2) When a crime involves domestic violence, the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime. When a crime is so pleaded, the words “constituting domestic violence” may be added to the title of the crime. [2003 c.319 §1]

 

      132.590 [Renumbered 135.715]

 

      132.610 [Renumbered 135.717]

 

      132.620 [Renumbered 135.720]

 

      132.630 [Renumbered 135.725]

 

      132.640 [Renumbered 135.727]

 

      132.650 [Repealed by 1973 c.836 §358]

 

      132.660 [Renumbered 135.730]

 

      132.670 [Amended by 1971 c.743 §319; renumbered 135.733]

 

      132.680 [Renumbered 135.735]

 

      132.690 [Amended by 1971 c.743 §320; renumbered 135.737]

 

      132.710 [Renumbered 135.740]

 

      132.720 [Renumbered 135.743]

 

PENALTIES

Notes of Decisions
Cited in 38 cases (18 in the last 5 years), 2012–2025 · leading case: State v. Eggers, 372 Or. 789 (Or. 2024).
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State v. Eggers, 372 Or. 789 (Or. 2024). · cites it 6× “For purposes of ORS 132.586, “[d]omestic violence” is defined as “abuse between family or household members.”
State v. Guzman, 366 P.3d 816 (Or. Ct. App. 2016). · cites it 2× “160; ORS 132.586(2). 1 He assigns error to the trial court’s denial of his motion for judgment of acquittal (MJOA) based on sufficiency of the evidence to prove that he caused the victim “substantial pain” and, therefore, “physical injury,” as required for conviction under ORS…”
State v. Anderson, 542 P.3d 449 (Or. Ct. App. 2023). · cites it 3× “190(1), both of which constituted domestic violence, ORS 132.586(2). Defendant and the victim, J, moved to Bend from California in 2014 to start a legal marijuana business.”
State v. Tena, 412 P.3d 175 (Or. 2018). “ORS 132.586 ; ORS 163.160(3)(c). On appeal, he challenged the admission of evidence that he had previously assaulted two other intimate partners within the last 14 years.”
State v. Long, 399 P.3d 1063 (Or. Ct. App. 2017). “ORS 132.586(2) provides that when a crime involves domestic violence, “the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime.”
State v. Brunnemer, 401 P.3d 1226 (Or. Ct. App. 2017). “ORS 132.586(2). The cases were consolidated and tried to a jury.”
State v. Nyquist, 427 P.3d 1137 (Or. Ct. App. 2018). “Shortly after defense counsel began cross-examining the witness, defendant addressed his counsel and the court: "THE DEFENDANT: You're fired. I'm going to do it myself. I've got to do it myself.”
State v. Tena, 384 P.3d 521 (Or. Ct. App. 2016). “160; *59 ORS 132.586. The charge was based on evidence that defendant had assaulted his domestic partner.”
State v. Belden, 499 P.3d 783 (Or. 2021). “160 (defining misdemeanor and felony versions of fourth-degree assault); ORS 132.586 (providing that, if a crime is pleaded and proven to satisfy the statutory definition of “domestic vio- lence,” then “the words ‘constituting domestic violence’ may be added to the title of the…”
State v. Hernandez, 566 P.3d 677 (Or. Ct. App. 2025). “First, the trial court did not err when it denied defendant’s motion for judgment of acquittal (MJOA) on second-degree assault.”
State v. Teagues, 383 P.3d 320 (Or. Ct. App. 2016). “190 (Count 3), all constituting domestic violence, see ORS 132.586 (providing that the state may plead and prove “domestic violence as an element” of a crime).”
State v. Paluda, 479 P.3d 345 (Or. Ct. App. 2020). · cites it 2× “160 and ORS 132.586 (Count 1), and harassment, ORS 166.”
Show all 38 citing cases →
— Or. Rev. Stat. § 132.586(1) — 3 cases
State v. Eggers, 372 Or. 789 (Or. 2024). “For purposes of ORS 132.586, “[d]omestic violence” is defined as “abuse between family or household members.”
State v. Sturgeon, 291 P.3d 808 (Or. Ct. App. 2012).
State v. Eggers, 372 Or. 789 (Or. 2024).
— Or. Rev. Stat. § 132.586(2) — 12 cases
State v. Eggers, 372 Or. 789 (Or. 2024). “For purposes of ORS 132.586, “[d]omestic violence” is defined as “abuse between family or household members.”
State v. Guzman, 366 P.3d 816 (Or. Ct. App. 2016). “160; ORS 132.586(2). 1 He assigns error to the trial court’s denial of his motion for judgment of acquittal (MJOA) based on sufficiency of the evidence to prove that he caused the victim “substantial pain” and, therefore, “physical injury,” as required for conviction under ORS…”
State v. Anderson, 542 P.3d 449 (Or. Ct. App. 2023). “190(1), both of which constituted domestic violence, ORS 132.586(2). Defendant and the victim, J, moved to Bend from California in 2014 to start a legal marijuana business.”
State v. Long, 399 P.3d 1063 (Or. Ct. App. 2017). “ORS 132.586(2) provides that when a crime involves domestic violence, “the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime.”
State v. Brunnemer, 401 P.3d 1226 (Or. Ct. App. 2017). “ORS 132.586(2). The cases were consolidated and tried to a jury.”
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