How does the Police Citation Route work?
The police can issue a citation telling the stalker when and where to appear in court.
Step 1: Get the form. Go to any law enforcement agency for a stalking complaint (the police or sheriff should have a form). You can also find the form in the OR Legal Statutes section, in O.R.S. § 163.744(2), of this website.
Step 2: Fill out the form. On the form, you will need to give:
- Your name and address as the victim (and the name and address of the person being stalked if it is different from yourself);
- The stalker's name and address;
- A physical description of the stalker;
- A description of the conduct and the time frame in which it has occurred; and
- The relationship, if any, between the victim and the stalker.
Step 3: Sign the complaint. The officer will then ask you to sign the complaint. By signing it, you are swearing that all the information is true and correct. Do not sign the application until you have shown it to an officer because the form may need to be notarized or signed in the presence of court personnel.
Step 4: Issuance of citation. If the officer believes that you are being stalked, s/he then issues a citation to the abuser (by serving the abuser), ordering him/her to appear in court within 3 days and tell his/her side of the story.
Step 5: Find out when the hearing will be held. The officer will notify you in writing of the place and time set for the hearing, so it is important to give your correct address to the officer when filing the complaint, or a safe address where you will check the mail for this information. During the 3 days before the hearing, you are protected by the officer’s citation.
Step 6: The hearing. You must be at the hearing either in person, or with the court's permission, by telephone (ask the officer who helps you fill out the order about this option). At the hearing, the judge may grant a temporary stalking order or a permanent order.
If the judge grants a temporary order, there will be a second hearing to determine whether to grant you a permanent order. Either you or your stalker can ask to postpone the hearing for up to 30 days, if more time is needed to prepare. If the court does postpone the hearing, a temporary order may be given to protect you until the second hearing.
Whether you go the Police Citation Route or the Court Order Route, the court will hold a hearing and decide whether a permanent stalking protection order should go into effect. In addition to ordering the stalker to stay away from you and from your or your family member’s home, the court can also order a stalker to have a mental health evaluation and to get mental health treatment.* It does not cost anything to apply for a stalking order, and the sheriff will deliver (serve) the order for free.
* O.R.S. § 163.738(5)