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The emotional toll of stress related to any family law issue, , including an Oregon stalking orders, can be exhausting without litigation. Let us take care of the law. You take care of you.With Pacific Family Law Firm, you can expect a lot.
1. Talk to Lawyers
In most firms it is the staff that handles the bulk of your case. You end up dealing with paralegals, assistants, or clerks instead of the lawyer you signed up with. At Pacific Family Law Firm, assistants may handle paperwork and occasional informational calls, but most of the time you will be working with your actual trial attorney.
2. Streamlined Representation
Our office and divorce lawyers have built the firm from the ground up with efficiency in mind. Paperless, custom-built data centers for instant access to all file information, and flexible communication by phone, email, and even secure instant messaging. We want you to be able to participate as part of the team in your case.
3. Honest Assessment of Case
Far too many divorce and family law "mills" are simply out to settle your case as fast as possible so they can move on the next one. Pacific Family Law Firm was founded by attorneys who are used to the courtroom and don't run from it. If getting you the right result means taking the matter to a trial, we will do it. If you are ready for a trial, we won't back down either.
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.
Stalking Orders
Frequently Asked Family Law Questions (FAQ's)
What is Oregon Family Law?
Q: What does a family law lawyer do? What is "Oregon family law?"
A: “Oregon Family law” is an umbrella term that refers to the practice of law that involves common domestic and family issues. While it is often associated with Oregon divorce, "family law" covers far more. Common family law issues include child custody, parenting time (visitation), step-parent adoptions, spousal support, child support, restraining orders and stalking orders, prenuptial agreement, grandparent rights, and far more.
Modern families come in all sizes and arrangments, and the term "family law" simply refers to the practice of law that helps those families within the Oregon court system.
Is it necessary to hire a lawyer for my stalking order case?
Is it worth getting a lawyer for my Oregon stalking order case?
This question is standard, though completely subjective and fact-specific. Obtaining a stalking order does not require a lawyer, and it is usually secured without an attorney. However, if the matter goes to a hearing, while it is certainly possible for people to handle the stalking order hearing independently, it is probably not a great idea. In addition to being held to rules of procedure and evidence, the untrained person likely will not know which aspects of the law should require the most focus. Because judges are bound to follow the law, if you don't present the correct information, they may have no choice under the law to make a ruling that is adverse to your goals.
Oregon stalking orders have significant consequences, so having an experienced Oregon stalking order lawyer help you is almost certainly in your best interest.
What is a stalking order in Oregon?
What is a stalking order in Oregon?
A Stalking Protective Order (SPO) is an Oregon court order which instructs a person who has made repeated, unwanted contact with you or your family to stop the behavior. Several requirements that govern the stalker's conduct apply, so it is not as simple as deciding that actions are "unwanted contact" to qualify for purposes of a stalking order.
What are the Requirements for Getting a Stalking Protective Order?
What qualifies as "stalking" in Oregon?
Oregon law has specific requirements to have a Stalking Protective Order (SPO) granted by the court. Fundamentally, you or a member of your immediate family (or household) must have been contacted by a person more than once in the past two years with the following requirements to qualify as stalking.
- More than once means at least two separate contacts
- The repeated and unwanted contact must be is alarming (frightening) or coercive (using force) to you
- It must be reasonable for you to feel alarmed or coerced (i.e. not the mailman waving hello when he or she delivers mail)
- The unwanted contacts cause you to reasonably fear for your physical safety or the physical safety of your family or members of your household.
How long does the final Oregon Stalking Protective Order (SPO) last?
How long does an Oregon stalking order last?
Once a hearing has occurred, and a judge has upheld an Oregon Stalking Protective Order, it has no natural end (it is permanent). However, the Respondent (the person prohibited from stalking) can file a request with the court to modify or terminate the stalking order later. If this happens, there would be another hearing on the matter where both sides would present evidence. Before this happens, you would be served with the legal paperwork and be given notice so that you have an opportunity to prepare for the hearing.
What is a FAPA order in Oregon?
In Oregon, the Family Abuse Prevention Act (FAPA) provides for a means to have the court issue an order of protection against abuse for certain parties within a family setting. This is also referred to as a "restraining order", and it generally prohibits the person who is the subject of the order (the “respondent") from taking certain actions against the person obtaining the protective order (the “petitioner").
What qualifies as domestic abuse in Oregon?
"Domestic abuse" is defined by Oregon law. Generally, the law states that it is abuse when a family or household member: 1. Attempts to hurt you physically; 2. Actually hurts you physically (intentionally, recklessly or knowingly); 3. Intimidates or makes you afraid of serious physical injury (intentionally, recklessly or knowingly); OR 4. Makes you have sex against your will by force, or threat of force.
Family or household member” means any of the following: 1. An adult related by blood, marriage or adoption; 2. Someone you are living with or have lived with in the past; 3. Someone you have been in a sexually intimate relationship with, within two years immediately preceding the filing of a restraining order petition under; OR 4. Someone with whom you have a child.
What is an Oregon Restraining Order?
An Oregon Restraining Order, sometimes called a "FAPA order" (or Family Abuse Prevention Act) restraining order is a civil order that protects from abuse or injury from a family or member of a household.
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