163.741
Service of stalking protective order; entry of order into law enforcement data
systems. (1)
Service of a stalking protective order shall be made by personal delivery of a
copy of the order to the respondent. The respondent need not be served if an
order of the court indicates that the respondent appeared in person before the
court.
(2) Whenever a
stalking protective order, as authorized by ORS 163.735 or 163.738, is served
on a respondent, the person serving the order shall immediately deliver to the
county sheriff a true copy of proof of service, on which it is stated that
personal service of the order was made on the respondent, and a copy of the
order. Proof of service may be made by affidavit or by declaration under
penalty of perjury in the form required by ORCP 1 E. If service of the order is
not required under subsection (1) of this section, a copy of the order must be
delivered to the sheriff by the court. Upon receipt of a copy of the order and
notice of completion of any required service by a member of a law enforcement
agency, the county sheriff shall immediately enter the order into the Law
Enforcement Data System maintained by the Department of State Police and into
the databases of the National Crime Information Center of the United States
Department of Justice. If the order was served on the respondent by a person other
than a member of a law enforcement agency, the county sheriff shall enter the
order into the Law Enforcement Data System and databases of the National Crime
Information Center upon receipt of a true copy of proof of service. The sheriff
shall provide the complainant with a true copy of any required proof of
service. Entry into the Law Enforcement Data System constitutes notice to all
law enforcement agencies of the existence of the order. Law enforcement
agencies shall establish procedures adequate to ensure that an officer at the
scene of an alleged violation of the order may be informed of the existence and
terms of the order. The order is fully enforceable in any county in this state.
(3) When a
stalking protective order has been entered into the Law Enforcement Data System
and the databases of the National Crime Information Center of the United States
Department of Justice under subsection (1) of this section, a county sheriff
shall cooperate with a request from a law enforcement agency from any other
jurisdiction to verify the existence of the stalking protective order or to
transmit a copy of the order to the requesting jurisdiction.
(4) When a
stalking protective order is terminated by order of the court, the clerk of the
court shall immediately deliver a copy of the termination order to the county
sheriff with whom the original order was filed. Upon receipt of the termination
order, the county sheriff shall promptly remove the original order from the Law
Enforcement Data System and the databases of the National Crime Information
Center of the United States Department of Justice. [1993 c.626 §5; 1999 c.1052 §3;
2007 c.255 §11; 2009 c.364 §3; 2011 c.269 §6; 2015 c.121 §25]
Note: See note under 163.730.
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 2000–2024 · leading case:
Edwards v. Biehler, 124 P.3d 1256 (Or. Ct. App. 2005).
Edwards v. Biehler, 124 P.3d 1256 (Or. Ct. App. 2005).
· cites it 7× “” However, ORS 163.741 provides a procedure for the “termination” of “a stalking protective order”: “(1) Whenever a stalking protective order, as authorized by ORS 163.”
State v. Ryan, 261 P.3d 1189 (Or. 2011).
· cites it 2× “738 or if further service was waived under ORS 163.741 because the person appeared before the court; "(b) The person, subsequent to the service of the order, has engaged intentionally, *1193 knowingly or recklessly in conduct prohibited by the order; and "(c) If the conduct is…”
C. Q. R. v. Wafula, 471 P.3d 786 (Or. Ct. App. 2020).
“See ORS 163.741(2); ORS 30.866(11). Persons subject to SPOs cannot possess firearms.”
State v. Little, 533 P.3d 1107 (Or. Ct. App. 2023).
“, ORS 163.741(2) (“Whenever a stalking protec- tive order * * * is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of proof of service[.”
State v. Ryan, 239 P.3d 1016 (Or. Ct. App. 2010).
· cites it 2× “738 or if further service was waived under ORS 163.741 because the person appeared before the court; "(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and "(c) If the conduct is…”
State v. Maxwell, 998 P.2d 680 (Or. Ct. App. 2000).
“738 or if further service was waived under ORS 163.741 because the person appeared before the court; “(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and “(c) If the conduct is…”
State v. Nguyen, 243 P.3d 820 (Or. Ct. App. 2010).
“738 or if further service was waived under ORS 163.741 because the person appeared before the court; “(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and “(c) If the conduct is…”
Carter v. Bowman, 277 P.3d 634 (Or. Ct. App. 2012).
“738(2)(b), which explains that an SPO is “of unlimited duration unless limited by law,” and ORS 163.741, which refers to an order terminating an SPO.”
State v. Little (Or. Ct. App. 2023).
“” See Webster’s at 2602 (defining “whenever” in relevant part as “at any or all times that : in any or every instance in which”).”
State v. Perelli, 553 P.3d 43 (Or. Ct. App. 2024).
“738 or if further service was waived under ORS 163.741 because the person appeared before the court; “(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in con- duct prohibited by the order[.”
State v. Nguyen, 279 P.3d 831 (Or. Ct. App. 2012).
“738 or if further service was waived under ORS 163.741 because the person appeared before the court; “(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and “(c) If the conduct is…”
— Or. Rev. Stat. § 163.741(2) — 3 cases
C. Q. R. v. Wafula, 471 P.3d 786 (Or. Ct. App. 2020).
“See ORS 163.741(2); ORS 30.866(11). Persons subject to SPOs cannot possess firearms.”
State v. Little, 533 P.3d 1107 (Or. Ct. App. 2023).
“, ORS 163.741(2) (“Whenever a stalking protec- tive order * * * is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of proof of service[.”
State v. Little (Or. Ct. App. 2023).
“” See Webster’s at 2602 (defining “whenever” in relevant part as “at any or all times that : in any or every instance in which”).”
— Or. Rev. Stat. § 163.741(3) — 1 case
Edwards v. Biehler, 124 P.3d 1256 (Or. Ct. App. 2005).
“” However, ORS 163.741 provides a procedure for the “termination” of “a stalking protective order”: “(1) Whenever a stalking protective order, as authorized by ORS 163.”
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