Fighting a Stalking Order in Oregon

If you’ve been served with a stalking order in Oregon and want to contest or fight it, contact our office to discuss your options.

Stalking protective orders (“stalking orders”) were originally intended by the legislature to keep people safe. They were to be issued in cases where one person was having repeated and unwanted contact with another person– and causing that other person alarm for their personal safety. However, over time, people have caught on to how to bot use and misuse them to gain advantage. If you’ve had a stalking order issued against you– and the allegations are based on lies or exaggerations– you will want to fight the staling order in court, and you’re going to want to have an attorney help you.

Note: The 2021 legislature has made changes to stalking protective orders in Oregon with the passage of 2021 Oregon Laws Ch. 274 (S.B. 298). The amended law reads as follows:

ORS 30.866. (1) A person petitioner may bring a civil action in a circuit court for a court’s stalking protective order or for damages, or both, against a person respondent if:
(a) The person respondent intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person petitioner or a member of that person’s the petitioner’s immediate family or household thereby alarming or coercing the other person petitioner;
(b) It is objectively reasonable for a person in the victim’s petitioner’s situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim petitioner reasonable apprehension regarding the personal safety of the victim petitioner or a member of the victim’s petitioner’s immediate family or household.
(2) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court’s stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730. The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.
(3)(a) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court’s stalking protective order and take other action as provided in ORS 163.738.
(b) If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent in court.
(4) The plaintiff petitioner may recover:
(a) Both special and general damages, including damages for emotional distress;
(b) Punitive damages; and
(c) Reasonable attorney fees and costs.
(5) The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.
(6) An action under this section must be commenced within two years of the conduct giving rise to the claim.
(7) Proof of the claim shall be by a preponderance of the evidence.
(8) The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.
(9) No filing fee, service fee or hearing fee may be charged for a proceeding under this section.
(10) If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent’s ability to possess firearms and ammunition or engage in activities involving firearms.
(11) ORS 163.741 applies to protective orders issued under this section.
(12) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or for violating a court’s stalking protective order as defined in ORS 163.750.

What Is A Stalking Protective Order In Oregon?

As indicated above, a Stalking Protective Order (SPO) (or simply a “stalking order”) in Oregon is a creature of state law. ORS 30.866 allows the issuance of a stalking order and/or seek money damages if the petitioner (the person seeking the stalking order) alleges that the respondent (the accused; the person who’s the target of the stalking order) person intentionally, knowingly or recklessly engaged in repeated and unwanted contact with the other person petitioner or a member of that person’s the petitioner’s immediate family or household thereby alarming or coercing the other person petitioner. It must also be objectively reasonable for a person in the petitioner’s situation to have been alarmed or coerced by the contact; and the repeated and unwanted contact caused the petitioner reasonable apprehension regarding the personal safety of the petitioner or a member of the petitioner’s immediate family or household.

It’s important to keep in mind that the initial stalking order hearing is held ex parte. Meaning, the accuser gets to tell the judge their side of the story– without the accused present to challenge, rebut, or dispute the accusations being made by the petitioner. The standard of proof is “preponderance of evidence” which is far below either the “clear and convincing” standard used in more serious civil actions, or “beyond a reasonable doubt” standard used in criminal cases. The accuser can also allege facts from up to two years in the past.

Do Not Violate The Stalking Protective Order

While the order is in effect, no matter how strongly you feel about the merits of the order– you should not have any contact with the petitioner. Not only could you face new criminal charges, but the petitioner may request monetary damages and attorney fees be awarded to them. The Court may also require you to go through a mental health evaluation and subsequent recommended treatment.

Dismissing A Stalking Protective Order In Oregon

A stalking order can be dismissed in Oregon by the petitioner at any time. The petitioner must file a motion with the court to dismiss the stalking order. Keep in mind however that a respondent should not have any communication with the petitioner, or they run the risk that they’ll be charged with violating the stalking order. Therefore, this needs to be something the petitioner decides to do on their own, or is coordinated by a third-party such as a lawyer (if allowed by the stalking order).

Terminating A Stalking Protective Order In Oregon

The Oregon statute regarding stalking protective orders (ORS 30.866) does not specifically address how to terminate a stalking order. However, Oregon courts have held that a stalking protective order may be terminated when the conditions that gave rise to the original order are no longer present.

In order to terminate a stalking order, the respondent will want to file a motion with the court and request a hearing terminating the order. It is important to have legal representation at the contested protective order hearing.

Violation of a Stalking Protective Order

It is a misdemeanor crime to violate a stalking protective order. If a respondent violates an order, they can be subject to fines, imprisonment, and probation.

The first violation of a stalking protective order can result in a Class A misdemeanor arrest and conviction. A second violation can result in a Class C felony conviction.

Oregon takes stalking protective orders very seriously. If you need to have stalking protective order terminated or if you have been accused of violating a stalking protective order, make it a priority to retain a lawyer to assist you.

Contact Us For A Consultation

Has a stalking order been filed against you? Contact our office to set up a consultation to discuss your options.