STALKING ORDER DEFENSE
ORS 30.866
Have you been served with a stalking order petition?
A stalking protective order can have collateral consequences that reach well beyond the case itself. An order can restrict where you can go and who you can contact, it becomes part of the court record, and violating one carries serious consequences. It is important that you act now, before the hearing.
Many of these petitions arise after a breakup, a falling-out between neighbors, or a conflict at work. Oregon law sets a high bar for these orders, especially when the contact at issue is letters, texts, or emails. A focused defense can make the difference.
How these cases usually move
- 1
The petition
Someone files a petition in circuit court describing contacts they say alarmed them. The petition is the roadmap of their case, so it matters what it says and what it leaves out.
- 2
Temporary order and service
A judge can issue a temporary order based on the petition alone, before you have been heard. You are then served with the petition and the order. Read both carefully and follow the order exactly, even if you believe it is unfair.
- 3
Investigation and preparation
We gather the messages and documents, sort each contact by type, and identify what the petitioner can and cannot prove. We prepare you and any witnesses to testify, and we prepare a trial memorandum for the judge.
- 4
The contested hearing
The petitioner must prove the case by a preponderance of the evidence. Both sides can present testimony and evidence. This is your opportunity to be heard.
- 5
The decision
The judge decides whether the order continues or is dismissed. We explain what the decision means for you and what comes next.
What the petitioner must prove
Repeated, unwanted contact and real fear
The petitioner must show at least two unwanted contacts within the past two years; that the contacts actually alarmed them and would have alarmed a reasonable person in their situation; and that the contacts caused reasonable fear for their personal safety or the safety of a family or household member. Oregon courts have held that "danger" means a threat of physical injury, not merely annoyance or harassment.
A real threat is required
When the contacts are letters, texts, emails, or phone calls, the Oregon Constitution requires more. The petitioner must prove a threat that instills a fear of imminent and serious personal violence, is unequivocal, and is objectively likely to be followed by unlawful acts. Insults, angry venting, and unwanted messages usually are not enough. Read our article on expressive contact.
Sources: ORS 30.866 · ORS 163.730
What to do after you are served
Do not make contact
Do not contact the petitioner, even to apologize or explain, and do not ask friends to pass along messages.
Save everything
Keep every message, letter, email, and document, including anything the petitioner sent you. Write down a timeline while it is fresh.
Mark your hearing date
Note the hearing date on your paperwork and call a lawyer right away so there is time to prepare.
Common questions
I never threatened anyone. Can a judge still grant the order?
It depends on the contacts. When the contact is words, the petitioner generally must prove a real threat of violence. When the contact is conduct, such as showing up somewhere, it still must have caused reasonable fear of physical injury. We look at each contact separately.
Can I reach out to explain my side?
No. Any contact can be used against you and may violate the temporary order. Talk to a lawyer before you do anything.
The petitioner kept contacting me too. Does that matter?
It can. The petitioner's own conduct can be relevant to whether contact was unwanted and whether their fear was real. Bring us everything you have.
Do I have to testify?
That is a decision to make with your lawyer. Your testimony can help, but in some cases it carries risks, particularly if criminal charges are possible. We will talk it through with you before the hearing.
How much will my case cost?
Stalking order cases are billed hourly. The total depends on how much evidence there is and how the hearing unfolds. At your free consultation, we talk through what your case is likely to involve.
Related: Harassment defense · All practice areas · Client reviews
This page provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
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