(1) A public servant or the public servant’s employer may petition a circuit court for an order enjoining a person who engages in conduct that:

Terms Used In Oregon Statutes 30.405

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) Is directed at the public servant;

(b) Relates to the public servant’s employment or the public servant’s status as an elected or appointed public servant; and

(c) Constitutes any of the following crimes:

(A) Obstructing governmental or judicial administration under ORS § 162.235.

(B) Assault under ORS § 163.160, 163.165, 163.175 or 163.185.

(C) Menacing under ORS § 163.190.

(D) Criminal trespass in the first degree under ORS § 164.255.

(E) Disorderly conduct under ORS § 166.025.

(F) Harassment under ORS § 166.065.

(G) Telephonic harassment under ORS § 166.090.

(2) The petitioner has the burden of proof by a preponderance of the evidence under subsection (1) of this section. An order issued under this section is valid for one year after entry in the register of the court or until vacated by the court, whichever occurs first.

(3) Contempt proceedings against a person who violates an order issued by a circuit court under subsection (1) of this section shall be as provided in ORS § 33.055 or 33.065.

(4) As used in this section, ‘public servant’ has the meaning given that term in ORS § 162.005. [2005 c.158 § 1]

 

30.405 and 30.407 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 30 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.