Or. Admin. R. 471-030-0150

Current through Register Vol. 63, No. 5, May 1, 2024

Section 471-030-0150 - Domestic Violence

(1) As used in ORS 657.176(12) and for purposes of this rule, "a member of the individual's immediate family" has the same meaning as the term is defined in OAR 471-030-0038(1).

(2) As used in ORS 657.176(12), "domestic violence" means the physical injury, sexual assault or forced imprisonment, or threat thereof, of a person by another who is related by blood or marriage or has a significant relationship with the other person at the present, or who has been related or has had a significant relationship at some time in the past, to the extent that the person's health, safety or welfare is harmed or threatened thereby.

(3) As used in ORS 657.176(12), "stalking" means:

(a) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person thereby alarming or coercing the other person;

(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the individual or a member of the individual's immediate family reasonable apprehension regarding the personal safety of the individual or the family member.

(4) As used in ORS 657.176(12), "sexual assault" means any unwanted touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

(5) The effective date for implementing this rule shall be June 29, 2009.

Or. Admin. R. 471-030-0150

ED 13-2001, f. 11-2-01, cert. ef. 11-4-01; ED 3-2005(Temp), f. & cert. ef. 6-24-05 thru 12-17-05; ED 4-2005(Temp), f. & cert. ef. 7-5-05 thru 12-17-05; ED 7-2005, f. & cert. ef. 12-15-05; ED 2-2009(Temp), f. 6-25-09, cert. ef. 6-29-09 thru 12-26-09; ED 7-2009, f. 10-30-09, cert. ef. 11-1-09; ED 49-2018, minor correction filed 01/11/2018, effective 1/11/2018

Statutory/Other Authority: ORS 657.176 & 657.610

Statutes/Other Implemented: ORS 657.176 & HB 2767 (OL 2001)