Stalking Protective Order Defense Attorney

Stalking protective orders are use by the court to prevent one person from having unwanted contact with another person. The problem is that they have the potential to be misused and abused and when this happens, it will severely impact the accused person's life.

Furthermore, violating a stalking protective order can result in serious criminal charges even when the alleged victim desires contact with you.

Has a Stalking Protective Order Been Filed Against You?

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Contesting Stalking Protective Orders

A person can secure a stalking protective order against you through the court if:

  • You have intentionally, knowingly, or recklessly engaged in repeated unwanted contact with the victim, their household, or their immediate family that has caused alarm or coercion of the victim. (For legal purposes, “repeated” means two or more unwanted contacts within the previous two-year time period.);
  • It is objectively reasonable for someone in the victim’s situation to have been alarmed or coerced by the contact; and
  • The contact causes the person to have a reasonable apprehension regarding his or her personal safety or the safety of the person’s immediate family or household.

To obtain a stalking protective order, the victim must file a petition in court that states the reason the order is necessary. The victim will need to appear in court to file this petition, and at that time, they may be granted a temporary stalking protective order. The judge will review the petition and approve or reject the request.

The respondent will be served with the stalking protective order petition and will be given notice of their hearing date. At this hearing, a Judge will decide whether or not to grant the permanent stalking protective order.

At this hearing, the respondent’s attorney can fight the entry of the protective order by presenting evidence that shows, among other things, that:

  • The alleged victim’s alarm or fear for their safety is not objectionably reasonable; or
  • The respondent speech was not threatening and or constitutionally protected speech, and therefore, not actionable.

If a permanent stalking protective order is entered, the length of time the order is in effect may vary. The court may order that it last indefinitely, or they may specify a shorter period of time.

While the order is in effect, the respondent may not have any contact with the victim whatsoever. The victim may request monetary damages and attorney fees be awarded to them. The court may also require the respondent go through a mental health evaluation and subsequent recommended treatment. 

Terminating A Stalking Protective Order

The Oregon statute regarding stalking protective orders does not specifically address how to terminate one.

That said, Oregon courts have held that a stalking protective order may be terminated when the conditions that gave rise to the order are no longer present.

Therefore, in order to terminate an order, a respondent must file a motion with the court that entered the order asking for termination. In order to be successful, the respondent must prove that:

  • He or she has fully complied with the stalking protective order prior to asking that it be terminated; and
  • The petitioner does not continue to suffer reasonable apprehension regarding his or her personal safety or the personal safety of his or her immediate family or household due to the past acts of the respondent.

If the court grants the motion to terminate, the protective order becomes immediately null and void and will no longer be enforceable.

Violation of a Stalking Protective Order

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

In the vast majority of cases, the first time you violate a stalking protective order will result in a Class A misdemeanor. A second violation will result in a Class C felony. 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, take the time to contact our office today for a free and confidential consultation to discuss your options.

Have You Had A Stalking Protective Order Filed Against You?

Contact us for a free consultation.