The legal process for obtaining protection against stalking in Oregon includes a method less known but critically important – the citation process. This method, outlined under ORS 163.738, allows law enforcement officers to initiate a stalking protective order under certain circumstances. This page offers an overview of the citation process for stalking orders in Oregon.
Citation Process in Oregon: An Overview
In Oregon, peace officers may issue a citation requiring a person to appear in court if they have probable cause to believe that the person intentionally, knowingly, or recklessly engaged in repeated unwanted contact with the victim, and the person either:
1. Was previously convicted of violating a court’s stalking protective order regarding the same victim, or
2. Knowingly violated a citation under ORS 163.730 to 163.750 that prohibits the contact.
A citation issued by a peace officer must include the following:
1. A notice of rights and potential penalties,
2. The name of the court where the appearance is required, and
3. The date and time by which the appearance is required.
After receiving the citation, the defendant is expected to appear in court. The judge will then decide whether to issue a stalking protective order. This citation process is an alternative to the usual process of the victim filing a petition in court.
While the citation process for stalking orders in Oregon provides an additional legal avenue for victims, understanding and navigating the process can be complex. Having an experienced attorney to guide you through these proceedings can make a world of difference. At the Law Office of Mike Arnold, we’re dedicated to helping you understand your rights and navigate Oregon’s legal system. If you’re dealing with a stalking issue and require legal assistance, please reach out to our team for a consultation.
Oregon Lawyer Practice Areas
We are trial lawyers specializing in exposing liars and protecting clients from overreach and oppression. Our attorneys travel or appear virtually across Oregon:
- Eugene/Lane County
- Southern Oregon (Grants Pass, Medford)
- Salem/Marion County
Our practice areas include:
- Criminal Defense
- false accusations
- sentencing mitigation
- felony reductions to misdos
- Commercial Litigation (business disputes)
- Civil Litigation
- stalking protective orders
- personal injury
- real property disputes
Apply to be a Client – Free Intake Team Consult
If you’re ready to secure robust, aggressive, and knowledgeable legal representation, contact the Law Office of Mike Arnold today for a free intake team consultation.