4.21.1 PURPOSE A. The purpose of this procedure is to define police officer responsibility and establish guidelines for the stalking law. 4.21.2 DEFINITIONS (ORS 163.730) (Chapter 163 — Offenses Against Persons) A. “Alarm” means to cause apprehension or fear resulting from the perception of danger.
B. “Coerce” means to restrain, compel or dominate by force or threat.
C. “Contact” includes but is not limited to:
1. Coming into the visual or physical presence of the other person;
2. Following the other person;
3. Waiting outside the home, property or place of work or school of the other person or of a member of that person’s family or household;
4. Sending or making written communications in any form to the other person;
5. Speaking with the other person by any means;
6. Communicating with the other person through a third person;
7. Committing a crime against the other person;
8. Communicating with a third person who has some relationship to the other person with the intent of affecting the third person’s relationship with the other person;
9. Communicating with business (or government) entities with the intent of affecting some right or interest of the other person;
10. Damaging the other person’s home, property or place of work or school; or
11. Delivering directly or through a third person any object to the home, property or place of work or school of the other person.
D. “Household member” means any person residing in the same residence as the victim.
E. “Immediate family” means father, mother, child, sibling, parent, spouse, grandparent, stepparent and stepchild.
F. “Repeated” means two or more times.
G. “Petitioner” means victim.
H. “Respondent” means suspect/alleged stalker.
I. “CT/SPO” means Court Stalking Protective Order.
4.21.3 PROCEDURE A. Upon occurrence of the offending conduct, the victim or victim’s parent or Guardian should contact police and several possibilities may occur.
1. The officer may have probable cause to arrest for the separate crime of “Stalking”. The crime of Stalking is a Class A Misdemeanor (ORS 163.732).
a. A person commits the crime of Stalking if:
1) The person knowingly alarms or coerces another person or a member of the person’s immediate family or household by engaging in repeated and unwanted contact with the other person.
2) It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; and
3) 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.
An officer may arrest on the charge of Stalking even if the suspect has not previously been given an Oregon Uniform Stalking Citation and even if CT/SPO exists. The Criminal charge requires that at least one (1) of the “repeated” contacts must have occurred after June 13, 1995.
The crime of “Stalking” becomes a Class C Felony if the suspect has a previous conviction for a stalking charge or violating a CT/SPO.
An arrest for “Stalking” does not depend upon whether an Oregon Uniform Stalking Citation or a CT/SPO existed.
2. For the Civil process, the victim may seek an Oregon Uniform Stalking Citation (Appendix 4.21B) by filling out an Oregon Uniform Stalking Complaint (Appendix 4.21A). At least two (2) “repeated and unwanted” contacts that “alarms or coerces” must have occurred after June 13, 1995. Officers must document all the contacts when they write a report.
B. Officers must:
1. Contact Records Section for a case number for all Oregon Uniform Stalking Citations, complaints, and reports.
2. Clearly identify that the case number is for a stalking case.
3. Write the case number on all documents. This is the only means of tracking Civil Summons.
The result of any complaint or investigation, whether or not an arrest or citation results, must be documented and sent to the Records Section who will forward it to the District Attorney within three days. Officers will need to state clearly in their reports that the subject was given an Oregon Uniform Stalking Citation so that Records can enter “Non-Arrest Civil Summons” into the record.
C. The Oregon Uniform Stalking Citation (ORS 163.735 and 163.738)
1. The Oregon Uniform Stalking Citation is not an arrest. It is simply a process where an officer orders the alleged stalker into court for a civil proceeding. The Oregon Uniform Stalking Citation replaced the Police Officer’s Stalking Protective Order that was abolished by the legislature.
2. When a complaint is initiated by a victim, the law states that “a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days”.
3. If after receiving the complaint, the officer has probable cause to believe that the three-part test for the issuance of a citation has been met, then the officer shall issue the citation, serve it on the alleged stalker, and complete a report.
4. The three-part test for issuance of a citation is:
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.
NOTE: Officers must make a “good faith effort” to find the alleged stalker and serve the Oregon Uniform Stalking Citation if that person is not present at the scene. If the officer(s) is unable to serve the suspect by the end of their shift, forward all copies of the Oregon Uniform Stalking Complaint (except the victim’s [Petitioner’s] copy) with the Uniform Stalking Citation cover sheet and original report to the Records Section. Attempts to serve the Oregon Uniform Stalking Citation shall be recorded on the Uniform Stalking Citation cover sheet (Appendix 4.21B).
5. If an officer has been unable to serve the Oregon Uniform Stalking Citation, he must immediately re-contact the victim and inform him/her that the alleged stalker was not served. The victim should be instructed to contact the court to request a CT/SPO, which will be served on the alleged stalker by civil deputies. Officers must notify the victim when service is completed. Additionally, officer must inform the victim of their scheduled court appearance date, time and location.
6. The victim should be told to call 9-1-1 if the alleged stalker returns and was not contacted by the original officer. The subsequent responding officer(s) will take another complaint, get a new case number, and cite or arrest the alleged stalker as circumstances dictate.
D. Court Appearance
1. The petitioner’s court appearance will be scheduled at 1430 hours (2:30 p.m.) within three judicial days (not counting weekends and holidays) of issuance of the Oregon Uniform Stalking Citation. For example, a citation issued on a Friday would, assuming a normal two-day weekend, be scheduled for a hearing on the following Wednesday at 1430 hours. Juveniles, as well as adults will be “cited” into the same Family Law courtroom at:
Multnomah County Courthouse 1021 SW 4th Avenue Portland, Oregon 97204 If the respondent fails to appear at the hearing, the court immediately issues a warrant for their arrest and enters a CT/SPO. The court will have the responsibility, upon finding of probable cause at the hearing, of having the CT/SPO entered into LEDS.
2. If the respondent is located but refuses to give his/her name, officers may take the respondent to the Portland Police Bureau’s Identification Division for purposes of identification for issuance of the Oregon Uniform Stalking Citation. Officers must stay with the suspect so that the citation can be completed and served.
3. Do not complete a Custody Report if the custody is solely for the civil process service. Enter the information on the Suspect Report. If an arrest for misdemeanor or felony offenses occurs, the matter should be handled like any other criminal arrest. All usual forms should be completed and handled as in other arrests.
E. Court Stalking Protective Order (CT/SPO)
1. The victim may petition the court directly for a CT/SPO and can obtain the court version of the forms at
Multnomah County Courthouse Family Law Unit, Room 211 1021 SW 4th Avenue Portland, Oregon 97204 The victim must have the name and address of the alleged stalker so that he/she can be served by the civil deputies. If the victim does not have that information, the Family Law personnel will send them to the appropriate police agency for an investigation of the complaint.
2. Hearing the Circuit Court for issuance of the CT/SPO. The Oregon Uniform Stalking Citation orders the respondent into court on the third judicial day following service. Do not count the court day Citation is issued. The court and police agency must notify the petitioner of the date and time of the hearing. The petitioner may appear in person or by phone at the hearing. NOTE: If the victim chooses to use the phone, they must be at their phone and available for the court’s call at 2:30 p.m. on the court date. 3. If the respondent appears, the court may:
a. Continue the hearing for up to 30 days and enter a Temporary Stalking Protective Order in the meantime.
b. Or, if the court finds the three-part test for issuance to have been met by a preponderance of the evidence, issue a Permanent (unlimited duration) Court Stalking Protective Order.
4. If the respondent appears and the court grants a CT/SPO, the CT/SPO is enforceable immediately for any conduct subsequent to the court’s order.
5. If the respondent fails to appear at the hearing, then the court will issue an arrest warrant and enter a CT/SPO. When the court grants a CT/SPO in the respondent’s absence, a copy of the CT/SPO must still be served on the respondent before the order is effective and enforceable. Any CT/SPO, once served and entered into LEDS, is enforceable statewide.
6. If the respondent fails to appear, and an arrest warrant is issued, the court will notify the petitioner when the respondent is arrested on the warrant.
7. If the respondent violates either a temporary or permanent CT/SPO, then the crime of Violating a Court Stalking Protective Order has been committed.
8. The court may order the respondent to undergo mental health evaluation, treatment, or it may initiate civil commitment proceedings.
F. Department Responsibilities. The Gresham Police department must:
1. Make the Oregon Uniform Stalking Complaint form available to victims.
2. Have available the Oregon Uniform Stalking Citation form which will be used by police officers once they determine a citation is appropriate.
3. Serve the Uniform Stalking Citation on the alleged stalker. It should be noted that all victim information, with the exception of the victim’s name, is protected and should not be revealed to the alleged stalker or the public.
4. Inform the victim of the court date and time, and complete the appropriate report(s).
5. Make a mandatory arrest for the crime of Stalking or Violation of a CT/SPO.
4.21.4 FORM DISTRIBUTION A. Oregon Uniform Stalking Complaint and Oregon Uniform Stalking Citation (Appendix 4.21A). 1. Original (Court) goes to GPD Records Section. Immediately fax the Complaint/Citation only to the court. Within three days of receipt, GPD Records Section will forward document to:
Multnomah County Courthouse Family Law Courtroom Room 211 1021 SW 4th Avenue Portland, Oregon 97204 2. Green copy (Police Record) goes to GPD Records Section.
3. Yellow copy (District Attorney’s Record). Within three days of receipt, GPD Records Section will forward document to the Deputy District Attorney-Intake.
4. Pink copy (Petitioner) must be given to the victim.
5. Goldenrod copy (Respondent) should be given to the alleged stalker. If unable to locate the alleged stalker, this copy should be maintained in the case file.
B. Uniform Stalking Citation Cover Sheet (Appendix 4.21B)
1. Original goes to GPD Records Section for inclusion in case file.
2. Xerox copy one goes to GPD Records Section. Within three days of receipt, GPD Records Section will forward the document to:
Multnomah County Courthouse Family Law Courtroom Room 211 1021 SW 4th Avenue Portland, Oregon 97204 3. Xerox copy two goes to GPD Records Section. Within three days of receipt, GPD Records Section will forward document to the Deputy District Attorney – Intake.
C. Other Reports and documentations (crime, custody, special).
1. Original goes to GPD Records Section for inclusion in the case file.
2. Xerox copy one goes to GPD Records Section. Within three days of receipt, GPD Records Section will forward the document to:
Multnomah County Courthouse Family Law Courtroom Room 211 1021 SW 4th Avenue Portland, Oregon 97204 3. Xerox copy two goes to GPD Records Section. Within three days of receipt, GPD Records Section will forward the document to the Deputy District Attorney – Intake.