ORS 163.750: Violating a court’s stalking protective order.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A person commits the crime of violating a court’s stalking protective order if: (a) The person has been served with a court’s stalking protective order as provided in ORS 30.866 or 163.738, or service was waived under ORS 163.741 because the person appeared before the court; (b) The person, subsequent to the service of the order or the waiver of service, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and (c) If the conduct is prohibited contact as defined in ORS 163.730 (3)(d), (e), (f), (h) or (i), the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order. (2)(a) Violating a court’s stalking protective order is a Class A misdemeanor. (b) Notwithstanding paragraph (a) of this subsection, violating a court’s stalking protective order is a Class C felony if: (A) The person has a prior conviction for: (i) Stalking, or an equivalent crime in another jurisdiction; or (ii) Violating a court’s stalking protective order, or an equivalent crime in another jurisdiction; (B) The person is the respondent for an active protection order in any jurisdiction that restrains the person from stalking, intimidating, molesting or menacing another person, and the person protected by that order is not the same as the person protected by the order at issue in the current offense; or (C) At least one instance of unwanted contact is the commission of the following against the person protected by the order: (i) A felony; (ii) Unlawful dissemination of an intimate image under ORS 163.472; or (iii) Unlawful use of a global positioning system device under ORS 163.715. (c) When violating a court’s stalking protective order is a Class C felony pursuant to paragraph (b) of this subsection, violating a court’s stalking protective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. [1993 c.626 §8; 1995 c.353 §7; 2024 c.90 §3]
Official history and status
History: Note: See note under 163.730.
This rule cites
- ORS 30.866 — resolved
- 163.738 — resolved
- ORS 163.741 — resolved
- ORS 163.730 — resolved
- ORS 163.472 — resolved
- ORS 163.715 — resolved
Cited by
- ORS 20.190: Prevailing party fees.
- ORS 30.866: Action for issuance or violation of stalking protective order; attorney fees.
- ORS 40.355: Rule 609. Impeachment by evidence of conviction of crime; exceptions.
- ORS 107.085: Petition; title; content.
- ORS 131.315: Special provisions.
- ORS 135.886: Requirements for diversion; factors considered.
- ORS 137.540: Conditions of probation; evaluation and treatment; effect of failure to abide by conditions; modification.
- ORS 144.102: Conditions of post-prison supervision.
- ORS 147.015: Eligibility for compensation generally; rules.
- ORS 161.371: Procedures upon commitment of defendant; placement process; maximum term of commitment.
- ORS 163.715: Unlawful use of a global positioning system device.
- ORS 163.730: Definitions for ORS 30.866 and 163.730 to 163.750.
- ORS 163.738: Effect of citation; contents; hearing; court’s order; use of statements made at hearing.
- ORS 163.755: Conduct for which stalking protective order may not be issued.
- ORS 166.527: Petition for ex parte order; issuance and service of order; request for hearing.
- OAR 137-081-0020: Definitions
- OAR 213-003-0001: Definitions
- OAR 213-017-0004: Crime Category 8
- OAR 291-082-0105: Definitions
- OAR 575-007-0280: Potentially Disqualifying Crimes
- OAR 836-072-0020: Crimes Relevant to a Fitness Determination
- OAR 839-005-0170: Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation; Certification; Records Confidential
- OAR 839-009-0362: Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Notice by Employee under ORS 659A.270 to 659A.285
- OAR 863-005-0030: Crimes Relevant to a Criminal Background Fitness Determination
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors163.html