Oregon Revised Statutes

Or. Rev. Stat. § 163.735 (2026)

Citation; form

✓ current as of May 2026

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163.735 Citation; form. (1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days and show cause why the court should not enter a court’s stalking protective order when the officer has probable cause to believe that:

(a) 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;

(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) The Department of State Police shall develop and distribute a form for the citation. The form shall be uniform throughout the state and shall contain substantially the following in addition to any other material added by the department:

______________________________________________________________________________

OFFICER:___________________

AGENCY:___________________

PETITIONER:__________________

PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:______________

RESPONDENT:_________________

On behalf of petitioner, I affirm that I am a law enforcement officer in the State of Oregon.

You, the respondent, must appear at _______________ (name and location of court at which respondent is to appear) on ________ (date and time respondent is to appear in court). At this hearing, you must be prepared to establish why the court should not enter a court’s stalking protective order which shall be for an unlimited duration unless limited by law or court order. If you fail to appear at this hearing, the court shall immediately issue a warrant for your arrest and shall enter a court’s stalking protective order.

If the court issues a stalking protective order at this hearing, and while the protective order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to violate this order and then violating this order.

Causing the person protected by the order, if the person is your spouse or intimate partner, to cross state lines or tribal land lines for your purpose of violating the order.

Possessing, receiving, shipping or transporting any firearm or firearm ammunition.

Whether or not a stalking protective order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to injure or harass another person and during, or because of, that travel placing that person in reasonable fear of death or serious bodily injury to that person or to a member of that person’s immediate family.

Traveling across state lines or tribal land lines with the intent to injure your spouse or intimate partner and then intentionally committing a crime of violence causing bodily injury to that person.

Causing your spouse or intimate partner to travel across state lines or tribal land lines if your intent is to cause bodily injury to that person or if the travel results in your causing bodily injury to that person.

It has been alleged that you have alarmed or coerced the petitioner, or person to be protected if other than the petitioner. If you engage in contact that alarms or coerces the petitioner, or person to be protected if other than the petitioner, in violation of ORS 163.732, you may be arrested for the crime of stalking.

Date: ________ Time: ________

Signed: _______________

(Respondent)

Signed: _______________

(Law enforcement officer).

______________________________________________________________________________ [1993 c.626 §3; 1995 c.353 §3; 1999 c.1052 §10]

Note: See note under 163.730.

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 1995–2022 · leading case: State v. Norris-Romine, 894 P.2d 1221 (Or. Ct. App. 1995).

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State v. Norris-Romine, 894 P.2d 1221 (Or. Ct. App. 1995). · cites it 6× “’ ’ ORS 163.735 provides, in part: “(1) Upon a complaint initiated as provided in ORS 163.”

K. H. v. Mitchell, 27 P.3d 130 (Or. Ct. App. 2001). · cites it 12× “The citation recites that the officer who issued the citation has probable cause to believe that respondent engaged in conduct prohibited by ORS 163.735 and that the officer has served respondent with a copy of the citation.”

State v. Ryan, 239 P.3d 1016 (Or. Ct. App. 2010). · cites it 4× “866 or ORS 163.735, the violation of any such SPO is criminalized by ORS 163.”

Bryant v. Walker, 78 P.3d 148 (Or. Ct. App. 2003). · cites it 2× “ORS 163.735. Pursuant to the citation, a show cause hearing was held on April 30 and May 9, 2002.”

Edwards v. Biehler, 124 P.3d 1256 (Or. Ct. App. 2005). · cites it 2× “ORS 163.735. At the show cause hearing, the court may enter a “temporary stalking protective order pending further proceedings.”

Willis v. Winters, 253 P.3d 1058 (Or. 2011). “470; “(L) Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program [with certain listed exceptions]: "* * * * “(m) Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.”

Benaman v. Andrews, 162 P.3d 280 (Or. Ct. App. 2007). “Respondent appeals a limited judgment of the Clackamas County Circuit Court denying her motion to vacate or modify a June 2001 permanent stalking protective order (SPO) issued pursuant to ORS 163.735, as well as two supplemental judgments awarding attorney fees to petitioner…”

State v. Ryan, 261 P.3d 1189 (Or. 2011). “See ORS 163.735 - 163.744 (outlining procedure).”

J. C. R. v. McNulty, 467 P.3d 48 (Or. Ct. App. 2020). · cites it 2× “The citation described respondent’s alleged conduct: “Showed up at Petitioner’s more than two times w/o permission; shown up at sons baseball game unwanted, contacted her friends about her via facebook, numerous emails, has been to Petitioner’s Lodge unannounced, and taken pop…”

Starr v. Eccles, 900 P.2d 1068 (Or. Ct. App. 1995). · cites it 2× “See ORS 163.735; ORS 163.738. The order was effective for three days and required respondent to attend a hearing on November 29, 1993, to determine whether the SPO should be extended for an unlimited duration.”

Wayt v. Goff, 956 P.2d 1063 (Or. Ct. App. 1998). “” *350 Goff raises numerous assignments of error, contending that the trial court erred when it found (1) that the contacts cited by Wayt in his initial complaint were “unwanted contact,” as required by ORS 163.735(l)(a); (2) that the unwanted contact was “repeated,” as defined…”

Janson v. Kore, 301 P.3d 443 (Or. Ct. App. 2013). “ORS 163.735; ORS 163.738; ORS 163.744. Petitioner in this case took neither of those routes, and at no time did she ask the court to issue an SPO.”

Show all 16 citing cases →

— Or. Rev. Stat. § 163.735(1) — 3 cases

State v. Ryan, 239 P.3d 1016 (Or. Ct. App. 2010). “866 or ORS 163.735, the violation of any such SPO is criminalized by ORS 163.”

Johnson v. McGrew, 902 P.2d 1209 (Or. Ct. App. 1995).

Crop v. Crop, 188 P.3d 364 (Or. Ct. App. 2008).

— Or. Rev. Stat. § 163.735(l)(a) — 1 case

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