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
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:
- attempting to contact; and
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)