133.055
Criminal citation; exception for domestic disturbance; notice of rights. (1) A peace officer may issue a
criminal citation to a person if the peace officer has probable cause to
believe that the person has committed a misdemeanor or has committed any felony
that is subject to misdemeanor treatment under ORS 161.705. The peace officer
shall deliver a copy of the criminal citation to the person. The criminal
citation shall require the person to appear at the court of the magistrate
before whom the person would be taken pursuant to ORS 133.450 if the person
were arrested for the offense.
(2)(a)
Notwithstanding the provisions of subsection (1) of this section, when a peace
officer responds to an incident of domestic disturbance and has probable cause
to believe that an assault has occurred between family or household members, as
defined in ORS 107.705, or to believe that one such person has placed the other
in fear of imminent serious physical injury, the officer shall arrest and take
into custody the alleged assailant or potential assailant.
(b) When the
peace officer makes an arrest under paragraph (a) of this subsection, the peace
officer is not required to arrest both persons.
(c) When a peace
officer makes an arrest under paragraph (a) of this subsection, the peace
officer shall make every effort to determine who is the assailant or potential
assailant by considering, among other factors:
(A) The
comparative extent of the injuries inflicted or the seriousness of threats
creating a fear of physical injury;
(B) If reasonably
ascertainable, the history of domestic violence between the persons involved;
(C) Whether any
alleged crime was committed in self-defense; and
(D) The potential
for future assaults.
(d) As used in
this subsection, “assault” includes conduct constituting strangulation under
ORS 163.187.
(3) Whenever any
peace officer has reason to believe that a family or household member, as
defined in ORS 107.705, has been abused as defined in ORS 107.705 or that an
elderly person or a person with a disability has been abused as defined in ORS
124.005, that officer shall use all reasonable means to prevent further abuse,
including advising each person of the availability of a shelter or other
services in the community and giving each person immediate notice of the legal
rights and remedies available. The notice shall consist of handing each person
a copy of the following statement:
______________________________________________________________________________
IF YOU ARE THE VICTIM
OF DOMESTIC VIOLENCE OR ABUSE, you can ask the district attorney to file a
criminal complaint. You also have the right to go to the circuit court and file
a petition requesting any of the following orders for relief: (a) An order restraining
your attacker from abusing you; (b) an order directing your attacker to leave
your household; (c) an order preventing your attacker from entering your
residence, school, business or place of employment; (d) an order awarding you
or the other parent custody of or parenting time with a minor child or
children; (e) an order restraining your attacker from molesting or interfering
with minor children in your custody; (f) an order awarding you other relief the
court considers necessary to provide for your or your children’s safety,
including emergency monetary assistance. Such orders are enforceable in every
state.
You may also
request an order awarding support for minor children in your care or for your
support if the other party has a legal obligation to support you or your
children.
You also have the
right to sue for losses suffered as a result of the abuse, including medical
and moving expenses, loss of earnings or support, and other out-of-pocket
expenses for injuries sustained and damage to your property. This can be done
without an attorney in the small claims department of a court if the total
amount claimed is under $10,000.
Similar relief
may also be available in tribal courts.
For further
information you may contact: _____.
______________________________________________________________________________
[1969 c.244 §2; 1977 c.845 §1; 1981 c.779 §1; 1991 c.303 §1; 1995 c.666 §23;
1997 c.707 §28; 1999 c.617 §1; 1999 c.738 §8; 1999 c.1051 §54; 2003 c.264 §8;
2007 c.70 §33; 2007 c.125 §7; 2011 c.595 §53b; 2011 c.666 §3]
Notes of Decisions
Cited in
43
cases (
7 in the last 5 years), 1978–2025 · leading case:
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
· cites it 22× “The provision that the legislature enacted was added as subsection (2) to ORS 133.055 (1977), the statute that *845 authorizes police officers to issue criminal citations to people accused of committing misdemeanors (or felonies that are subject to misdemeanor treatment), rather…”
Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
· cites it 6× “310(3), and its companion, ORS 133.055, are unique among statutory arrest provisions because the legislature chose mandatory arrest as the best means to reduce recurring domestic violence.”
State v. Fair, 302 P.3d 417 (Or. 2013).
· cites it 4× “See ORS 133.055(2)(c) (discussed earlier, 353 Or at 611 n 13).”
Box v. Oregon State Police, 492 P.3d 685 (Or. Ct. App. 2021).
· cites it 9× “The court identified two stat- utes as forming the basis of apparent authority immunity in this case, ORS 133.055(2)(a), which directs police officers to arrest suspected perpetrators of domestic violence, and ORS 161.”
State v. Kenny, 327 P.3d 548 (Or. Ct. App. 2014).
· cites it 21× “076(1), a person *705 “commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 to 133.076 and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner…”
State v. Garcia, 370 P.3d 512 (Or. Ct. App. 2016).
· cites it 3× “See ORS 133.055(2)(c) (in domestic violence situations, ORS 133.”
State v. Nevel, 868 P.2d 1338 (Or. Ct. App. 1994).
· cites it 6× “Even assuming, arguendo, that probable cause did exist, it is clear from the record that Larson had not, in fact, placed defendant under arrest at the time of the interrogation, notwithstanding the statutory directive in ORS 133.055(2)(a). Defendant cannot rely on ORS 133.”
State v. Jordan, 481 P.3d 1017 (Or. Ct. App. 2021).
· cites it 2× “076(1) provides: “A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 to 133.076 and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner…”
State v. McColly, 435 P.3d 715 (Or. 2019).
· cites it 4× “That enactment, now codified at ORS 133.055 to 133.076, applied to persons arrested on misdemeanor or certain felony charges without warrant or in other circumstances.”
McAlpine v. Multnomah Cnty., 883 P.2d 869 (Or. Ct. App. 1994).
· cites it 2× “310(3), and its companion, ORS 133.055, ore unique among statutory arrest provisions because the legislature chose mandatory arrest as the best means to reduce recurring domestic violence.”
State v. Jordan, 605 P.2d 646 (Or. 1980).
· cites it 2× “However, on a misdemeanor or violation charge or on a felony charge which in the discretion of the court may be considered a misdemeanor charge at the time sentence is imposed he may authorize a peace officer to issue and serve a citation as provided in ORS 133.055." [4] Nor is…”
State v. Shaff, 175 P.3d 454 (Or. 2007).
“He also advised defendant about ORS 133.055(2), which requires officers to arrest a member of a household if they have probable cause to believe that that person has assaulted another member of the household.”
— Or. Rev. Stat. § 133.055(1) — 3 cases
State v. Jordan, 481 P.3d 1017 (Or. Ct. App. 2021).
“076(1) provides: “A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 to 133.076 and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner…”
State v. McColly, 435 P.3d 715 (Or. 2019).
“That enactment, now codified at ORS 133.055 to 133.076, applied to persons arrested on misdemeanor or certain felony charges without warrant or in other circumstances.”
— Or. Rev. Stat. § 133.055(2) — 5 cases
Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
“310(3), and its companion, ORS 133.055, are unique among statutory arrest provisions because the legislature chose mandatory arrest as the best means to reduce recurring domestic violence.”
Holbert v. Noon, 260 P.3d 836 (Or. Ct. App. 2011).
“The provision that the legislature enacted was added as subsection (2) to ORS 133.055 (1977), the statute that *845 authorizes police officers to issue criminal citations to people accused of committing misdemeanors (or felonies that are subject to misdemeanor treatment), rather…”
State v. Shaff, 175 P.3d 454 (Or. 2007).
“He also advised defendant about ORS 133.055(2), which requires officers to arrest a member of a household if they have probable cause to believe that that person has assaulted another member of the household.”
— Or. Rev. Stat. § 133.055(2)(a) — 3 cases
Box v. Oregon State Police, 492 P.3d 685 (Or. Ct. App. 2021).
“The court identified two stat- utes as forming the basis of apparent authority immunity in this case, ORS 133.055(2)(a), which directs police officers to arrest suspected perpetrators of domestic violence, and ORS 161.”
State v. Nevel, 868 P.2d 1338 (Or. Ct. App. 1994).
“Even assuming, arguendo, that probable cause did exist, it is clear from the record that Larson had not, in fact, placed defendant under arrest at the time of the interrogation, notwithstanding the statutory directive in ORS 133.055(2)(a). Defendant cannot rely on ORS 133.”
— Or. Rev. Stat. § 133.055(2)(c) — 3 cases
State v. Garcia, 370 P.3d 512 (Or. Ct. App. 2016).
“See ORS 133.055(2)(c) (in domestic violence situations, ORS 133.”
State v. Fair, 302 P.3d 417 (Or. 2013).
“See ORS 133.055(2)(c) (discussed earlier, 353 Or at 611 n 13).”
State v. Nevel, 868 P.2d 1338 (Or. Ct. App. 1994).
“Even assuming, arguendo, that probable cause did exist, it is clear from the record that Larson had not, in fact, placed defendant under arrest at the time of the interrogation, notwithstanding the statutory directive in ORS 133.055(2)(a). Defendant cannot rely on ORS 133.”
— Or. Rev. Stat. § 133.055(2)(e)(A) — 1 case
State v. Fair, 302 P.3d 417 (Or. 2013).
“See ORS 133.055(2)(c) (discussed earlier, 353 Or at 611 n 13).”
— Or. Rev. Stat. § 133.055(3) — 1 case
State v. Fair, 302 P.3d 417 (Or. 2013).
“See ORS 133.055(2)(c) (discussed earlier, 353 Or at 611 n 13).”
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