Offenses Against Persons
Violating a court’s stalking protective order
Notes of Decisions
Collateral bar doctrine did not prevent challenge at violation hearing to constitutionality of stalking protective order issued under pre-1995 version of ORS 163.738 because issuance and violation statutes were in pari materia. State v. Orton, 137 Or App 339, 904 P2d 179 (1995)
This provision does not proscribe any speech not otherwise prohibited by stalking protective order. State v. Ryan, 350 Or 670, 261 P3d 1189 (2011)
Defendant did not violate victim’s stalking protective order when defendant sent apology letter to victim because letter was “written communication” under ORS 163.730, and did not cause victim reasonable apprehension for personal safety as required for violation of this section. State v. Meek, 266 Or App 550, 338 P3d 767 (2014)