Stalking Orders

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Stalking Orders?

Our lawyers are ready to help with your stalking orders case.

Our Lawyers Know Oregon Stalking Order Law

Oregon stalking orders are serious court orders that can have a substantial and permanent impact on the recipient. Oregon law provides a means for individuals to address their safety if they are the victim of stalking. "Stalking" is defined in Oregon law as more than one (repeated) unwanted contact with a person that causes that person or their family to fear for their safety. The person who is alleged to be doing the stalking (the stalker) must previously have received notice that contact is unwelcome. Additionally, the person seeking a protective stalking order must have a fear that is considered "reasonable" under the law, meaning that another person in the same circumstance would objectively be afraid. For example, it would likely not be a reasonable fear if a person indicated that they were in fear because the bank teller smiled at them and said "hello" to them every time they entered their local bank branch.

Oregon Stalking Orders Do Not Expire

Courts take stalking orders very seriously because of their long-term impact. Once in place, if the recipient of a valid stalking order violates the terms, the violation is a crime that can result in jail or fines. Stalking orders are different than restraining orders under the Family Abuse Prevention Act (FAPA). Once in place, unless the court decides to add one for some reason, a stalking order will not expire and will remain active permanently. Oregon courts have addressed what is necessary to remove a stalking order once in place, but the process is not entirely clear, and the results can vary dramatically based upon the facts, the jurisdiction, and the person who is being protected.

Oregon Stalking Order Consequences

For the person limited by an Oreegon stalking orders, the order may appear on background checks, impact immigration status, and will very likely impact a person's right to own firearms. For these reasons, it is important that a person facing these consequences have an experienced Oregon stalking order attorney to guide you through the pitfalls by applying the law to have an order dismissed. Conversely, a stalking order lawyer can assist in ensureing that a victim of stalking keeps the order in place to for their protection.

How an Oregon Stalking Order Lawyer Can Assist With Your Case

Our attorneys have prosecuted and defendant against Oregon stalking orders in counties across the state. Whether prosecuting or defending, the successful case will involve a methodical, detailed, and skilled application of both Oregon case law and statutes to the client’s individual facts. You can expect us to investigate and review your matter by gathering information about all contact that forms the basis of each stalking case. The methodically organizing this information is imperitive to presenting a successful trial.

Call one of experienced Oregon stalking order attorneys today to see how we can help.

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Stalking Orders
Frequently Asked Questions (FAQ's)

How long does a stalking protective order last in Oregon?
In Oregon, a stalking protective order may be granted for an indefinite period. The duration of the order depends on the circumstances and the court's decision. It can be modified or terminated by the court upon request by either party, given a significant change in the situation.
What happens if the respondent violates a stalking protective order?
If the respondent violates a stalking protective order, they can face criminal charges, including contempt of court, which may result in fines, probation, or even jail time. The victim should report any violations to law enforcement immediately to ensure their safety and proper enforcement of the order.
Can a stalking protective order be modified or terminated?
Yes, a stalking protective order can be modified or terminated by the court upon request by either party. However, the requesting party must demonstrate a significant change in the circumstances that justifies the modification or termination of the order. Oregon law makes such a request tricky, so any request by a Respondent (the person with the stalking order against them) should be fully discussed with an experienced Oregon stalking order lawyer.
What if I don't have enough evidence to prove stalking behavior?
Even without concrete evidence, it is essential to report stalking incidents to law enforcement and document any occurrences. In some cases, the police may be able to gather additional evidence through investigation, and a judge may still issue a temporary order based on your testimony. Additionally, evidence is cumulative for up to two years back in time, so just because insufficient evidence is present currently, it may still be of assistance if there are further incidents in the future.
Are Oregon stalking protective orders enforceable in other states?
Yes, Oregon stalking protective orders are enforceable in other states under the federal Violence Against Women Act. If you move or temporarily relocate to another state, inform local law enforcement about your protective order to ensure it is properly enforced and to maintain your protection should you move out of Oregon.
How do I obtain an Oregon stalking protective order?
To obtain a stalking protective order, you need to file a petition at your local circuit court, describing the stalking incidents and providing evidence of the behavior. After reviewing your petition, a judge may grant a temporary order, followed by a hearing to decide whether to issue a permanent order.
What is the difference between a stalking protective order and a restraining order?
A stalking protective order specifically targets stalking behaviors, while a restraining order typically addresses broader issues of domestic violence, such as abuse or threats. Restraining orders are usually requested by family or household members, while stalking protective orders can be sought by anyone experiencing stalking.
Can I get an Oregon Stalking Order against someone I was previously married to?
Yes, you can obtain an Oregon Stalking Order against someone you were previously married to if they are engaging in stalking behavior towards you. This may include harassment, following you without consent, or making unwanted contact after divorce proceedings have concluded.
What happens if someone violates an Oregon Stalking Order?
If someone violates an Oregon Stalking Order, they may face criminal charges such as contempt of court and could be arrested for violating the order's terms. Penalties can include fines and jail time depending on the severity of their actions.
How long does it take to get an Oregon Stalking Order?
The length of time it takes to get an Oregon Stalking Order varies based on individual circumstances and court schedules; however, temporary orders can often be granted within 24-48 hours after filing your petition with proper evidence supporting your claim.
Can I modify or terminate my existing Oregon Stalking Order?
Yes, either party involved in the stalking order may request modification or termination by submitting appropriate paperwork with supporting reasons explaining why modification or termination is necessary. The court will review the request and may schedule a hearing to determine if a change is warranted.
How does an Oregon Stalking Order affect custody and visitation rights?
An Oregon Stalking Order can impact custody and visitation rights if the stalker is a parent of the child involved. The court may consider limiting their access to the child based on safety concerns, potentially leading to supervised visits or even loss of parental rights.
Can I get an Oregon Stalking Order against someone who lives in another state?
Yes, you can obtain an Oregon Stalking Order against someone who lives in another state if they are engaging in stalking behavior towards you while you reside in Oregon. In such cases, it's crucial to work with your attorney and local law enforcement agencies to enforce the order across state lines.
What is an Oregon Stalking Order?
An Oregon Stalking Order is a court order that provides protection for individuals who are being stalked, harassed, or threatened by another person. It prohibits the stalker from contacting or coming near the victim and can result in criminal penalties if violated.
How do I obtain an Oregon Stalking Order?
To obtain an Oregon Stalking Order, you must file a petition with the circuit court in your county. You will need to provide evidence of stalking behavior, such as police reports, witness statements, or documentation of threats. A judge will review your case and may issue a temporary order before scheduling a hearing to determine if a permanent order is necessary.
What is an Oregon stalking protective order?
An Oregon stalking protective order is a legal document issued by a court to protect a person from being harassed, intimidated, or followed by another individual. It aims to prevent further stalking behavior by the respondent (the accused stalker) and to ensure the petitioner's (the victim's) safety.
What types of behavior qualify as stalking under Oregon law?
Stalking in Oregon involves repeated and unwanted contact that causes the victim or a family member to feel alarmed or coerced, and could reasonably be considered a threat. This may include following, watching, or contacting the victim, their family, or their household members, either directly or indirectly. Under Oregon law, the "alarm" must be objectively reasonable.

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At Pacific Family Law Firm in Oregon, staying current on the latest developments in Oregon divorce and family law topics is a top priority. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law Attorneys encounter to news headlines that impact Oregon families. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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