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Legal Information: Oregon

Restraining Orders

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March 13, 2019

What is stalking?

Under Oregon law, stalking is when a person makes repeated and unwanted contact with you that:

  • alarms: causes you or a member of your immediate family or household fear or anxiety due to the perception of danger; or
  • coerces: restrains, compels, or dominates you or a member of your immediate family or household due to force or threats.1

​In addition, for the actions/contact to be considered stalking:

  • it must be "reasonable" for someone in your situation to be alarmed or coerced in the manner explained above; and
  • the repeated, unwanted contact must "reasonably" cause you to fear for your personal safety or that of a member of your immediate family or household.2

1 O.R.S. §§ 163.732(1)(a); 163.730(1), (2)
2 O.R.S. § 163.732(1)(b), (1)(c)

What is unwanted contact?

There are many acts a stalker could do that could be considered unwanted contact. Some examples of unwanted contact include, but are not limited to, when the stalker:

  • comes near you or into your sight;
  • follows you;
  • waits outside of your home, workplace, or school (or your family or household member’s home, workplace, or school);
  • communicates with you in any way (mail, email, phone, or through another person); or
  • damages your home, workplace, or school.1

1 O.R.S. § 163.730(3)

What kinds of stalking protection orders are there? How long does a stalking protection order last?

There are two types of stalking protection orders: temporary stalking protection orders and final/permanent stalking protection orders.

The judge can issue a temporary stalking protection order if s/he find that there is probable cause to believe that the respondent (the person the order is filed against) has committed stalking. The judge will schedule a hearing to decide whether to grant a final/permanent stalking protection order. The temporary stalking protection order will last until the scheduled hearing. At the hearing for the final/permanent stalking protection order, the judge can extend the temporary stalking protection order for up to 30 days.1

The judge can issue a final/permanent stalking order if the judge finds that it is more likely than not that the respondent committed stalking. The final/permanent stalking order does not expire unless a judge specifically includes an end date.2

1 O.R.S. § 163.738(2)(a); Stalking Protective Order
2 O.R.S. § 163.738(2)(b); Stalking Protective Order

What protections can I get in a stalking protection order?

When the judge grants a stalking protection order, the order will specifically say what the stalker (respondent) is not allowed to do. In a temporary order, the judge may order the stalker to stop doing any of the following to you or your family or household members:

  • contacting;
  • attempting to contact; and
  • stalking.1

In a final order (issued after the stalker has an opportunity to appear in court), the judge can:

  • order the protections listed above;
  • order that the stalker have a mental health evaluation and complete treatment if needed; and
  • include language that would prohibit the stalker from having firearms and ammunition.2

1 O.R.S. § 163.738(2)(b)
2O.R.S. § 163.738(2)(b), (5)