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The basics of stalking protective orders

12/16/2019

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A stalking order can be ordered by the court in order to protect an individual from stalking. Although stalking orders can be thought of by some individuals as an alternative when a FAPA restraining order is not an option, stalking orders are not easy to obtain, and should not be taken lightly.
ORS 30.866(1) provides that a person may obtain a stalking protective order against another person if:
  1. The person intentionally, knowingly, or recklessly engaged in repeated and unwanted contact with the other person . . . thereby alarming or coercing the other person;
  2. It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; and
  3. The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim’s immediate family or household. ORS 30.866(1)(a)–(c) (emphasis added).
A person seeking a stalking order must file a petition with the court setting forth the allegations in support of the order. A judge will then review the petitioner and decide whether to grant or deny the request for a temporary stalking order. If the request is granted, the temporary stalking order becomes effective once the respondent is served with the petition and temporary order. 
At the time the request for a temporary stalking order is granted, the court will set a hearing date. The temporary stalking order lasts until the hearing date. At that hearing, the court will decide whether to make the temporary order permanent. 

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