Stalking Protection Order (SPO)
Stalking Protection Orders (often called “stalking orders” or “SPOs”) are for people in danger because someone won’t leave them alone. They are only for serious cases of stalking and are not right for all situations.
Oregon has five restraining orders (also called "protection orders"), each protecting people from different forms of abuse. You can learn more about these other restraining orders here.
Who can get a stalking order?
Stalking orders aren't right for all stalking situations. You can't get a stalking order just because someone is texting or calling you and won't leave you alone. There must be a threat of violence for you to qualify for this type of order.
If you can answer "yes" to each of these questions, you likely qualify for a stalking order in Oregon:
- Did the other person contact you twice or more in the last year?
- Does the other person know or have a good reason to believe you don't want them to contact you?
- Do you feel afraid or alarmed by their stalking behavior?
- You can answer "yes" to one or more of these questions:
- Does the other person have an untreated mental illness?
- Does the other person abuse drugs or alcohol?
- Does the other person have a violent criminal history?
- Does the other person have guns or other deadly weapons?
- Has the other person had restraining orders against them before?
- Has the other person disobeyed a restraining order?
- Has the other person made threats to harm you or someone else?
- Has the other person recently threatened suicide or attempted suicide in the past?
How can a stalking order help keep me safe?
A stalking order is a legal document that creates a set of rules for another person to follow. If that person doesn't follow the rules, you can call the police, who'll help enforce your order. A stalking order can require the other person to:
- Not contact you
- Stay away from your home, work, or other places you go often
- In some situations, get rid of their guns and ammunition and not get new ones
- Complete a mental health evaluation and treatment
How do I apply for a stalking order?
You must first apply for a temporary order. There are two ways to apply for a temporary stalking order in Oregon:
- Apply on your own (most common). You can apply for a temporary stalking order by turning in an application (called a Petition) to the court. After applying, you must talk with a judge (called an ex parte hearing). A judge will review your application and decide whether or not you qualify for a temporary stalking order. For more information on applying for a restraining order, go here.
- Police citation (least common). The police can also help you get a temporary stalking order by issuing a stalking citation. A stalking citation starts a stalking order case. But you'll have to handle the rest of your case alone. You must attend all your scheduled court hearings to prove you qualify for a final stalking order. The police won’t do this for you.
How do I get a final stalking order?
- If the other person disagrees with your stalking order: You must have a contested hearing. A contested hearing is a formal meeting with a judge, the other person, and you. Both sides can present evidence at this hearing. At the end of the hearing, a judge will decide if you qualify for a final stalking order. For more on contested hearings, go here.
- If the other person doesn’t fight your stalking order: You’ll still need a second court hearing. At this hearing, the judge will confirm that the other person agrees to have a final stalking order against them. The judge will also decide if you qualify for a final stalking order.
How long do stalking orders last?
If you get a final stalking order, it lasts indefinitely. This means it does not expire on its own. For example, if you get a stalking order in your 20s, you could have your stalking order for the rest of your life.
However, even though a final stalking order has no end date, it could go away if either person asks the court to end it.
- If the other person wants to end your stalking order, they must prove to a judge that circumstances have changed and that it is no longer needed. For example, if you were stalked by an ex-partner five years ago, but that person moved away, hasn’t contacted you, and moved on with their life, a judge could decide that you no longer need your stalking order.
- If you want to end your order, a judge will usually grant this request without a hearing. You don’t have to prove anything to end your order.
Need help?
If you or someone you know is experiencing stalking in Oregon, a stalking order can be a critical step toward safety. Resources are available to assist you, including:
- Legal aid services. You may qualify for free legal help if you can't afford a lawyer. Find your local legal aid office here.
- Domestic violence support. You can also get free support from your local domestic violence program. Find your local program on the Oregon Coalition Against Domestic and Sexual Violence website.
These organizations can help you navigate the process and ensure you’re supported along the way.
More Frequently Asked Questions
Stalking can include many things. Here are some examples of stalking contacts:
- Parking outside your house
- Entering your house without permission
- Showing up at your work
- Coming to your kids’ school
- Assaulting you
- Following you in your car
- Showing up unexpectedly at places you’re at
If someone is only contacting you by phone, text message, or online chat or messaging, this may not qualify you for a stalking order. You should find legal help in this situation.
Yes. A stalking order can be used to stop an ex-partner or ex-spouse from continuing to stalk and harass you.
You can get a stalking order against anyone who is stalking you and making you afraid for your safety. For example, you could get a stalking order against a co-worker, roommate, classmate, neighbor, relative, ex-partner, and more.
Yes, but an adult must help you apply. The adult can be a parent, a legal guardian, or someone the court appoints to help you.
If you are under 18, you may want to talk to a lawyer before applying for a restraining order. You can use the Legal Directory to find help in your area.
Yes.
Yes. A stalking order can require the other person to stay away from your children’s home, school, or work. It can tell the other person not to contact you through your kids.
But if you have children with the person who is stalking you, a stalking order can't give you temporary custody of your children like the Family Abuse Restraining Order can.
You should get legal help if you have children with the person who is stalking you.
When you first apply for a stalking order, you only get a temporary court order. This is different than all the other restraining orders in Oregon. The temporary order lasts until the court replaces it with another order. The court could replace your temporary order with an Order of Dismissal (a court order that gets rid of your temporary order) or with a final stalking order.
Yes. Although you don’t have to see the other person to get a temporary stalking order, you will have to face them in court to get a final stalking order. You must go to a second court hearing before a judge will give you a final order. The other person is also required to go to this second hearing.
If the other person doesn’t show up to a stalking order hearing, a judge can:
- Issue a warrant for the other person’s arrest
- Reschedule the hearing
- Give you a final stalking order
No. The rules on contact only apply to the other person. But it’s usually not a good idea to contact the other person.
Maybe. The law isn’t clear about whether you can ask for changes to your stalking order. If you need to make changes, you should get legal help. You can use the Legal Directory to find legal help in your area.