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    DOMESTIC ASSAULT / DEFINED
          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.
          (d) As used in this subsection, “assault” includes conduct constituting strangulation under ORS 163.187.
          (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 person or a person with a disability 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:
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          IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, 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 the small claims department of a court if the total amount claimed is under $10,000.
          Similar relief may also be available in tribal courts.
          For further information you may contact:_____.

    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:

    a. Spouses.

    b. Former spouses.

    c. Adult persons related by blood, marriage, or adoption.

    d. Persons 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 (for a restraining order).

    f. Unmarried parents of a minor child.

    4. “Cohabit” as used in this procedure (ORS 107.705) means to live together as husband and wife, to live together in a sexual relationship when not legally married. “Cohabit” does not include platonic roommates.

    5. “Interfere” means to interpose in a manner that would reasonably be expected to hinder or impede a person in the petitioner’s situation.

    6. “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.

    7. “Menace” means to act in a manner that would reasonably be expected to threaten a person in the petitioner’s situation.

    8. “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.

    POSSIBLE CHARGES TO CONSIDER

    DEPENDING UPON INJURY AND HOW IT WAS CAUSED, ASSAULT IS A COMMON CHARGE.
    ASSAULT IV IS THE MOST OFTEN USED.



          163.160 Assault in the fourth degree. (1) A person commits the crime of assault in the fourth degree if the person:
          (a) Intentionally, knowingly or recklessly causes physical injury to another; or
          (b) With criminal negligence causes physical injury to another by means of a deadly weapon.
          (2) Assault in the fourth degree is a Class A misdemeanor.
          (3) Notwithstanding subsection (2) of this section, assault in the fourth degree is a Class C felony if the person commits the crime of assault in the fourth degree and:
          (a) The person has previously been convicted of assaulting the same victim;
          (b) The person has previously been convicted at least three times under this section or under equivalent laws of another jurisdiction and all of the assaults involved domestic violence, as defined in ORS 135.230;
          (c) The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim; or
          (d) The person commits the assault knowing that the victim is pregnant.
          (4) For the purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child.

          163.275 Coercion. (1) A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:
          (a) Unlawfully cause physical injury to some person;
          (b) Unlawfully cause damage to property;
          (c) Engage in conduct constituting a crime;
          (d) Falsely accuse some person of a crime or cause criminal charges to be instituted against the person;
          (e) Cause or continue a strike, boycott or other collective action injurious to some person’s business, except that such a threat is not deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;
          (f) Testify falsely or provide false information or withhold testimony or information with respect to another’s legal claim or defense; or
          (g) Unlawfully use or abuse the person’s position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.
          (2) Coercion is a Class C felony.


    163.187 Strangulation. (1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by:
          (a) Applying pressure on the throat ,neck or chest (added January 1, 2019) of the other person; or
          (b) Blocking the nose or mouth of the other person.
          (2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief.
          (3) Strangulation is a Class A misdemeanor.
          (4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if:
          (a) The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or the victim;
          (b) The victim is under 10 years of age or any family or household member (added January 1, 2019).

          (c) During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015, unlawfully against another;
          (d) The person has been previously convicted of violating this section or of committing an equivalent crime in another jurisdiction;
          (e) The person has been previously convicted of violating ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current conviction; or
          (f) The person has at least three previous convictions of any combination of ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or of equivalent crimes in other jurisdictions.
          (5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child.

    As of 2016,
    Class C felony if committed against a known pregnant victim, second episode against same victim or three prior strangulation convictions (different victims)

          166.065 Harassment. (1) A person commits the crime of harassment if the person intentionally:
          (a) Harasses or annoys another person by:
          (A) Subjecting such other person to offensive physical contact; or
          (B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response;
          (b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or
          (c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm.
          (2)(a) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person’s control to be used in violation of subsection (1) of this section.
          (b) Harassment that is committed under the circumstances described in subsection (1)(c) of this section is committed in either the county in which the communication originated or the county in which the communication was received.
          (3) Harassment is a Class B misdemeanor.
          (4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor if a person violates:
          (a) Subsection (1)(a)(A) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person; or
          (b) Subsection (1)(c) of this section and:
          (A) The person has a previous conviction under subsection (1)(c) of this section and the victim of the current offense was the victim or a member of the family of the victim of the previous offense;
          (B) At the time the offense was committed, the victim was protected by a stalking protective order, a restraining order as defined in ORS 24.190 or any other court order prohibiting the person from contacting the victim;
          (C) At the time the offense was committed, the person reasonably believed the victim to be under 18 years of age and more than three years younger than the person; or
          (D)(i) The person conveyed a threat to kill the other person or any member of the family of the other person;
          (ii) The person expressed the intent to carry out the threat; and
          (iii) A reasonable person would believe that the threat was likely to be followed by action.
          (5) As used in this section, “electronic threat” means a threat conveyed by electronic mail, the Internet, a telephone text message or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means


          165.572 Interference with making a report. (1) A person commits the crime of interference with making a report if the person, by removing, damaging or interfering with a telephone line, telephone or similar communication equipment, intentionally prevents or hinders another person from making a report to a law enforcement agency, a law enforcement official, an agency charged with the duty of taking public safety reports or a 9-1-1 emergency reporting system.
          (2) Interference with making a report is a Class A misdemeanor.

    163.225 Kidnapping in the second degree. (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:
          (a) Takes the person from one place to another; or
          (b) Secretly confines the person in a place where the person is not likely to be found.
          (2) It is a defense to a prosecution under subsection (1) of this section if:
          (a) The person taken or confined is under 16 years of age;
          (b) The defendant is a relative of that person; and
          (c) The sole purpose of the person is to assume control of that person.
          (3) Kidnapping in the second degree is a Class B felony.
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