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How to Get a Stalking Protective Order in Oregon

Authored By: Legal Aid Services of Oregon LSC Funded
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Contents

Requirements for Getting a Stalking Protective Order (SPO)

1. Age

  • You may be eligible for a stalking protective order at any age. If you are under 18, a parent or guardian can also apply for a protective order on your behalf.
  • The person you are getting a stalking order against does not have to be over 18. However, if the other party is a minor, the court will appoint an adult representative to assist them in the case (called a “guardian ad litem”).

2. Two or more unwanted contacts within the last two years

  • You or an immediate family member or household member must have been contacted at least two separate times by the respondent within the last two years.
  • The contacts must have been unwanted.

3. Contacts must alarm or coerce

  • The stalking contacts must cause you to feel alarmed (fearful of danger) or coerced (forced).
  • The feeling of alarm or coercion must be objectively reasonable. This means that the average person would also feel alarmed or coerced by the contacts.
  • The contacts must cause you reasonable apprehension (worry) for your personal safety or the safety of an immediate family or household member.

4. Special rule for purely expressive or communicative contacts

  • If the respondent is stalking you by texting, calling, emailing, or messaging you, then you must show that these contacts: (1) make you fear for your personal safety, (2) contain direct threats to harm you, and (3) that it is likely the respondent intends to carry out these threats.

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Last Review and Update: Mar 07, 2019