(1) No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS § 133.055 (2) or 133.310 (3) or (5) provided the peace officer acts in good faith and without malice.

Terms Used In Oregon Statutes 133.315

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) No peace officer shall be criminally or civilly liable for any arrest made under ORS § 133.310 (4) if the officer reasonably believes that:

(a) A physical or electronic document or other writing supplied to the officer under ORS § 133.310 (4) is an accurate copy of a foreign restraining order as defined by ORS § 24.190 and is the most recent order in effect between the parties; and

(b) The person restrained by the order has been personally served with a copy of the order or has actual notice of the order. [1977 c.845 § 9; subsection (2) enacted as 1991 c.222 § 3; 1999 c.250 § 3; 2021 c.326 § 4]

 

133.315 (2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

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