163.744
Initiation of action seeking citation; complaint form. (1) A person may initiate an
action seeking a citation under ORS 163.735 by presenting a complaint to a law
enforcement officer or to any law enforcement agency. The complaint shall be a
statement setting forth with particularity the conduct that is the basis for
the complaint. The petitioner must affirm the truth of the facts in the
complaint.
(2) The
Department of State Police shall develop and distribute the form of the
complaint. The form shall include the standards for reviewing the complaint and
for action. The form shall be uniform throughout the state and shall include
substantially the following material:
______________________________________________________________________________
STALKING COMPLAINT
Name of petitioner
(person presenting complaint): _____________________
Name of person being
stalked if other than the petitioner: __________________
___________________________
Name of respondent (alleged
stalker):
___________________________
Description of
respondent:
___________________________
___________________________
___________________________
Length of period of
conduct:
___________________________
___________________________
Description of
relationship (if any) between petitioner or person being stalked, if other than
the petitioner, and respondent:
___________________________
___________________________
Description of contact:
___________________________
___________________________
___________________________
___________________________
___________________________
Subscribed to and
affirmed by:
___________________________
(signature of
petitioner)
(printed name of
petitioner) ___________________________
Dated: ____________
______________________________________________________________________________
(3) A parent may
present a complaint to protect a minor child. A guardian may present a
complaint to protect a dependent person.
(4) By signing
the complaint, a person is making a sworn statement for purposes of ORS 162.055
to 162.425. [1993 c.626 §6; 1995 c.353 §5]
Note: See note under 163.730.
163.747 [1993 c.626 §7; repealed by 1995
c.353 §10]
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1995–2022 · leading case:
House v. Hicks, 179 P.3d 730 (Or. Ct. App. 2008).
House v. Hicks, 179 P.3d 730 (Or. Ct. App. 2008).
· cites it 9× “" Hastie declined to initiate a procedure for obtaining a stalking protective order under ORS 163.744, stating that she "did not wish to participate in a criminal proceeding against [plaintiff].”
K. H. v. Mitchell, 27 P.3d 130 (Or. Ct. App. 2001).
· cites it 12× “735 and ORS 163.744 provide a different procedure for initiating actions to obtain stalking protective orders.”
Delgado v. Souders, 46 P.3d 729 (Or. 2002).
“738, which, together with ORS 163.744, provides for issuance of a criminal citation that ultimately could result in entry of an SPO by a court.”
Bryant v. Walker, 78 P.3d 148 (Or. Ct. App. 2003).
· cites it 2× “Under ORS 163.744, any person may initiate an action seeking a stalking protective order by presenting a complaint to a law enforcement officer or to any law enforcement agency.”
Schiffner v. Banks, 33 P.3d 701 (Or. Ct. App. 2001).
· cites it 2× “ORS 163.744. After two evidentiary hearings on those complaints, the circuit court issued the permanent SPOs sought by petitioners in January 2000.”
State v. Norris-Romine, 894 P.2d 1221 (Or. Ct. App. 1995).
· cites it 2× “735 provides, in part: “(1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue an officer’s stalking protective order to a person when the officer has probable cause to believe that: “(a) The person, without legitimate purpose,…”
M. D. O. v. Desantis, 461 P.3d 1066 (Or. Ct. App. 2020).
“The next day, November 20, 2017, petitioner exe- cuted a uniform stalking complaint, ORS 163.744, which was filed on November 22, 2017.”
Edwards v. Biehler, 124 P.3d 1256 (Or. Ct. App. 2005).
“4 The process begins when a complainant files with a law enforcement officer or agency a “Stalking Complaint,” ORS 163.744, describing the unwanted contact.”
Courtemanche v. Milligan, 134 P.3d 999 (Or. Ct. App. 2006).
“Petitioner executed a uniform stalking complaint, ORS 163.744, on April 30, 2005. On May 5, 2005, the court entered a permanent SPO.”
Starr v. Eccles, 900 P.2d 1068 (Or. Ct. App. 1995).
“866; see also ORS 163.744. Petitioner asserted that respondent pulled his car next to petitioner’s in a parking lot, yelled and screamed, *33 took a picture of petitioner, made a lewd gesture and shook his fist.”
Janson v. Kore, 301 P.3d 443 (Or. Ct. App. 2013).
“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.”
Carter v. Bowman, 277 P.3d 634 (Or. Ct. App. 2012).
“866(1); ORS 163.744. The statutes require the same evidentiary showing, ORS 30.”
— Or. Rev. Stat. § 163.744(1) — 3 cases
State v. Norris-Romine, 894 P.2d 1221 (Or. Ct. App. 1995).
“735 provides, in part: “(1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue an officer’s stalking protective order to a person when the officer has probable cause to believe that: “(a) The person, without legitimate purpose,…”
K. H. v. Mitchell, 27 P.3d 130 (Or. Ct. App. 2001).
“735 and ORS 163.744 provide a different procedure for initiating actions to obtain stalking protective orders.”
— Or. Rev. Stat. § 163.744(2) — 2 cases
K. H. v. Mitchell, 27 P.3d 130 (Or. Ct. App. 2001).
“735 and ORS 163.744 provide a different procedure for initiating actions to obtain stalking protective orders.”
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