CRIMINAL CITATIONS – Domestic Disturbance

Oregon Revised Statute - ORS 133.055

133.055 Criminal citation; exception for domestic disturbance; notice of rights.

(1) A peace officer may issue a criminal citation to a person if the peace officer has probable cause to believe that the person has committed a misdemeanor or has committed any felony that is subject to misdemeanor treatment under ORS 161.705. The peace officer shall deliver a copy of the criminal citation to the person. The criminal citation shall require the person to appear at the court of the magistrate before whom the person would be taken pursuant to ORS 133.450 if the person were arrested for the offense.
(2) (a) Notwithstanding the provisions of subsection (1) of this section, when a peace officer responds to an incident of domestic disturbance and has probable cause to believe that an assault has occurred between family or household members, as defined in ORS 107.705, or to believe that one such person has placed the other in fear of imminent serious physical injury, the officer shall arrest and take into custody the alleged assailant or potential assailant.
(b) When the peace officer makes an arrest under paragraph (a) of this subsection, the peace officer is not required to arrest both persons.
(c) When a peace officer makes an arrest under paragraph (a) of this subsection, the peace officer shall make every effort to determine who is the assailant or potential assailant by considering, among other factors:
(A) The comparative extent of the injuries inflicted or the seriousness of threats creating a fear of physical injury;
(B) If reasonably ascertainable, the history of domestic violence between the persons involved;
(C) Whether any alleged crime was committed in self-defense; and
(D) The potential for future assaults.
(3) Whenever any peace officer has reason to believe that a family or household member, as defined in ORS 107.705, has been abused as defined in ORS 107.705 or that an elderly or disabled person has been abused as defined in ORS 124.005, that officer shall use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community and giving each person immediate notice of the legal rights and remedies available. The notice shall consist of handing each person a copy of the following statement (next page):

IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE:
You can ask the district attorney to file a criminal complaint. You also have the right to go to the circuit court and file a petition requesting any of the following orders for relief: (a) An order restraining your attacker from abusing you; (b) an order directing your attacker to leave your household; (c) an order preventing your attacker from entering your residence, school, business or place of employment; (d) an order awarding you or the other parent custody of or parenting time with a minor child or children; (e) an order restraining your attacker from molesting or interfering with minor children in your custody; (f) an order awarding you other relief the court considers necessary to provide for your or your children’s safety, including emergency monetary assistance. Such orders are enforceable in every state.

You may also request an order awarding support for minor children in your care or for your support if the other party has a legal obligation to support you or your children.

You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is under $3,500.

Similar relief may also be available in tribal courts.

107.700 Short title. ORS 107.700 to 107.732 shall be known and may be cited as the “Family Abuse Prevention Act.” [1977 c.845 s.4; 1995 c.637 s.1]

107.705 Definitions for ORS 107.700 to 107.732. As used in ORS 107.700 to 107.732:
(1) “Abuse” means the occurrence of one or more of the following acts between family or household members:
(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury.
(b) Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.
(c) Causing another to engage in involuntary sexual relations by force or threat of force.
(2) “Child” means an unmarried person who is under 18 years of age.
(3) “Family or household members” means any of the following:
(a) Spouses.
(b) Former spouses.
(c) Adult persons related by blood, marriage or adoption.
(d) Persons who are cohabiting or who have cohabited with each other.
(e) Persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing by one of them of a petition under ORS 107.710.
(f) Unmarried parents of a child.
(4) “Interfere” means to interpose in a manner that would reasonably be expected to hinder or impede a person in the petitioner’s situation.
(5) “Intimidate” means to act in a manner that would reasonably be expected to threaten a person in the petitioner’s situation, thereby compelling or deterring conduct on the part of the person.
(6) “Menace” means to act in a manner that would reasonably be expected to threaten a person in the petitioner’s situation.
(7) “Molest” means to act, with hostile intent or injurious effect, in a manner that would reasonably be expected to annoy, disturb or persecute a person in the petitioner’s position. [1977 c.845 s.5; 1979 c.161 s.1; 1981 c.780 s.1; 1985 c.629 s.1; 1987 c.331 s.3; 1987 c.805 s.1; 1993 c.643 s.1; 1995 c.637 s.2; 1997 c.863 s.8; 1999 c.617 s.6; 1999 c.1052 s.12]

107.710 Petition to circuit court for relief; burden of proof.
(1) Any person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 107.700 to 107.732, if the person is in imminent danger of further abuse from the abuser. The person may seek relief by filing a petition with the circuit court alleging that the person is in imminent danger of abuse from the respondent, that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and particularly describing the nature of the abuse and the dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition. Allegations in the petition shall be made under oath or affirmation. The circuit court shall have jurisdiction over all proceedings under ORS 107.700 to 107.732.
(2) The petitioner has the burden of proving a claim under ORS 107.700 to 107.732 by a preponderance of the evidence.
(3) A person’s right to relief under ORS 107.700 to 107.732 shall not be affected by the fact that the person left the residence or household to avoid abuse.
(4) A petition filed under ORS 107.700 to 107.732 shall disclose the existence of any custody, Family Abuse Prevention Act or Elderly and Disabled Person Abuse Prevention Act proceedings, or any marital annulment, dissolution or separation proceedings, or any filiation proceeding, pending between the parties, and the existence of any other custody order affecting the children of the parties.
(5) When the petitioner requests custody of any child, the petition shall comply with ORS 109.767 and disclose:
(a) The child’s present residence and the length of time the child has resided at the residence;
(b) The county and state where the child resided for the five years immediately prior to the filing of the petition;
(c) The name and address of the party or other responsible person with whom the child is presently residing;
(d) The name and current address of any party or other responsible person with whom the child resided for the five years immediately prior to the filing of the petition;
(e) Whether the party participated as a party, witness or in any other capacity, in any other litigation concerning the custody of the child in this or any other state;
(f) Whether the party has information of any custody proceeding concerning the child pending in a court of this or any other state; and
(g) Whether the party knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody, parenting time or visitation rights with respect to the child.
(6) For purposes of computing the 180-day period in this section and ORS 107.718, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the petitioner shall not be counted as part of the 180-day period. [1977 c.845 s.6; 1981 c.780 s.2; 1985 c.629 s.2; 1987 c.805 s.2; 1993 c.375 s.1; 1995 c.637 s.3; 1995 c.666 s.19; 1997 c.707 s.14; 1999 c.617 s.4; 1999 c.649 s.50; 1999 c.738 s.7; 1999 c.1052 s.13]
107.715 [1977 c.845 s.7; repealed by 1981 c.780 s.5 (107.716 enacted in lieu of 107.715)]

107.716 Hearing; additional relief; certificate of compliance; effect on title to real property; no undertaking required.
(1) If the respondent requests a hearing pursuant to ORS 107.718 (8), the court shall hold the hearing within 21 days following the request, and may cancel or change any order issued under ORS 107.718.
(2) In addition to the relief available under ORS 107.718, the court, in a hearing held pursuant to subsection (1) of this section, may assess against either party a reasonable attorney fee and such costs as may be incurred in the proceeding.
(3) Where temporary custody is contested, the hearing shall be held within five days of the respondent’s request. If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner so that the petitioner may seek representation.
(4) If the court continues the order, with or without changes, at a hearing about which the respondent received actual notice and the opportunity to participate, the court shall include in the order a certificate in substantially the following form in a separate section immediately above the signature of the judge:

CERTIFICATE OF COMPLIANCE WITH THE VIOLENCE AGAINST WOMEN ACT
This protective order meets all full faith and credit requirements of the Violence Against Women Act, 18 U.S.C. 2265 (1994). This court has jurisdiction over the parties and the subject matter. The respondent was afforded notice and timely opportunity to be heard as provided by the law of this jurisdiction. This order is valid and entitled to enforcement in this and all other jurisdictions.
___________________________________________________________________

(5) The court shall have the further power to approve any consent agreement to bring about a cessation of abuse of the parties. However, the court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted an order under ORS 107.710. An order or consent agreement made under this section may be amended at any time and shall continue in effect for a period of one year from the date of the order issued under ORS 107.718, or until superseded as provided in ORS 107.722.
(6) No order or agreement made under ORS 107.705 to 107.720, 133.310 and 133.381 shall in any manner affect title to any real property.
(7) No undertaking shall be required in any proceeding under ORS 107.700 to 107.732.
(8) Any proceeding under ORS 107.700 to 107.732 shall be in addition to any other available civil or criminal remedies. [1981 c.780 s.6 (enacted in lieu of 107.715); 1985 c.629 s.3; 1987 c.805 s.3; 1995 c.637 s.4; 1995 c.794 s.2; 1997 c.707 s.15; 1999 c.617 s.5; 1999 c.1052 s.14]

107.718 Petition for relief when petitioner in danger of abuse; forms; restraining order; request for hearing.
(1) When a person files a petition under ORS 107.710, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition, that there is an imminent danger of further abuse to the petitioner and that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child, the court shall, if requested by the petitioner, order, for a period of one year or until the order is withdrawn or amended, or until the order is superseded as provided in

ORS 107.722, whichever is sooner:
(a) That temporary custody of the children of the parties be awarded to the petitioner or, at the request of the petitioner, to the respondent, subject to reasonable parenting time rights of the noncustodial parent, which the court shall order, unless such parenting time is not in the best interest of the child;
(b) That the respondent be required to move from the petitioner’s residence, if in the sole name of the petitioner or if it is jointly owned or rented by the petitioner and the respondent, or if the parties are married to each other;
(c) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner’s current or subsequent residence if the respondent is required to move from petitioner’s residence;
(d) That a peace officer accompany the party who is leaving or has left the parties’ residence to remove essential personal effects of the party or the party’s children, or both, including but not limited to clothing, toiletries, diapers, medications, social security cards, birth certificates, identification and tools of the trade;
(e) That the respondent be restrained from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner;
(f) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children in the custody of the petitioner, or attempting to intimidate, molest, interfere with or menace any children in the custody of the petitioner;
(g) That the respondent be restrained from entering, or attempting to enter, on any premises and a reasonable area surrounding the premises when it appears to the court that such restraint is necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or children whose custody is awarded to the petitioner;
(h) Other relief that the court considers necessary to provide for the safety and welfare of the petitioner and the children in the custody of the petitioner including, but not limited to, emergency monetary assistance from the respondent; or
(i) That the respondent have no contact with the petitioner in person, by telephone or by mail except as described in parenting time ordered under this section.
(2) If respondent is restrained from entering, or attempting to enter, an area surrounding petitioner’s residence or any other premises, the order restraining respondent shall specifically describe the area.
(3) Imminent danger under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with additional bodily harm.
(4) If the court awards parenting time to a parent who committed abuse, the court shall make adequate provision for the safety of the child and of the petitioner. The order of the court may include, but is not limited to, the following:
(a) That exchange of a child between parents shall occur at a protected location.
(b) That parenting time be supervised by another person or agency.
(c) That the perpetrator of the abuse be required to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or any other counseling program designated by the court as a condition of the parenting time.
(d) That the perpetrator of the abuse not possess or consume alcohol or controlled substances during the parenting time and for 24 hours preceding the parenting time.
(e) That the perpetrator of the abuse pay all or a portion of the cost of supervised parenting time, and any program designated by the court as a condition of parenting time.
(f) That no overnight parenting time occur.
(5) An instruction brochure shall be available from the clerk of the circuit court explaining the rights set forth under ORS 107.700 to 107.732. The petition, order and related forms shall be available from the clerk of the court.

You can obtain assistance in filling out the required forms by contacting HAVEN From Domestic Violence, or by contacting the Victims/Witness Services office at the Wasco County Courthouse, in the District Attorney’s Office.

This page was last updated on March 17, 2003

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