Oregon Stalking Order Law – What do they have to prove?
Arnold Law Office: The premier Oregon law firm for statewide stalking defense
Oregon stalking order law begins with the statutes. Also, these cases are appealed a lot, so there is a substantially developed case law which interprets what the statutes mean.
At the trial, the petitioner must prove the following by the preponderance of evidence (more likely than not standard):
- The respondent engaged in repeated and unwanted contact of the petitioner or member of her immediate family.
- The petitioner knew the contact was unwanted or recklessly ignored the obvious signals that the contact was unwanted
- The contact was alarming or coercive.
- It was objectively reasonable for a person in petitioner’s shoes to have been alarmed or coerced by the contact.
- The contact caused reasonable apprehension.
- Statue of limitations: the contacts must have happened in the last two years.
What do these Stalking Order terms mean?
Contact: The term “contact” can mean basically anything that involves the two parties together. The statute gives a laundry list of examples including, but not limited to, waiting outside the person’s house, following them, committing a crime against them, coming into their physical or visual presence, interfering with a relationship between the petitioner and a third party, delivering items to the petitioner, and communicative contact (speech, emails, phone calls, speaking, etc.). Communicative contact is protected speech under Article 1, Section 8 of the Oregon Constitution.
Repeated: “Repeated” simply means two or or more times. Unlike a restraining order which only requires one incident, a stalking order must have two or more incidents.
Alarm: “Alarm” means to cause apprehension or fear resulting from the perception of danger.
Attorney Mike Arnold estimates that a majority of all stalking orders are either frivolous or clearly do not meet the statutory definition of stalking. Go sit in the the Lane County courthouse on Monday mornings and hear how many of these cases are clearly aimed at gaining an advantage in a custody case, revenge for a break-up, involve a neighbor dispute, or are based on annoying behavior that clearly is protected speech.
At Arnold Law Office we understand the collateral damage that a stalking order can cause.
Contact a Lane County Stalking Order Defense Attorney
Don’t risk a stalking protective order ruining your life. Make the best of your attorney choice. Call us at 844-920-2910 or send us an e-mail to schedule an appointment with a stalking defense attorney at our firm.
Why Choose Our Trial Lawyers?
- Our lawyers actually try cases
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- A retired circuit court judge and former judicial clerks.
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Managing partner Mike Arnold on what sets Arnold Law Office apart:
Call (541) 952-2384 for an appointment. The office is located on 401 East Tenth Avenue, Suite 400, in downtown Eugene; appointments are also available in downtown Portland and throughout Oregon.
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