Contesting a Stalking Order in Portland

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In the state of Oregon, a Stalking Protective Order (SPO) is issued at the discretion of the presiding judge. It does not require a jury trial. A Temporary Stalking Protective Order may be issued on the testimony of the accuser (Petitioner) alone. At the follow-up hearing, the Petitioner is expected to call witnesses and submit evidence to corroborate their claims. The judge will then determine whether or not to make the SPO permanent.

• In order for a stalking order to be issued, all of the following must be true:
• The offender (Respondent) knowingly made repeated, unwanted contact with the Petitioner.
• A reasonable person would feel alarmed by such contact.
• The nature of the contact made the Petitioner fear for their physical safety.

The state of Oregon defines "repeated contact" as contact that occurs two or more times within a two-year period. It can involve the Petitioner directly or members of their household.

What to Do if You Have Been Served with an SPO

If you have been served with a Temporary Stalking Protective Order, you are bound by law to honor it. Failure to do so is a criminal offense and will dramatically weaken your chances of having it rescinded. Your best recourse for contesting a stalking order is to contact a Portland criminal defense attorney. At the Law Office of Graham C. Fisher, we have been helping clients contest stalking charges since 2006.

If your hearing has already taken place and you've been served with a permanent stalking order, your options are more limited. You only have 30 days to file an appeal, and the appeal must be based on a specific procedural error. You will not be given opportunity to re-argue the facts of the case.

To learn more about your legal options, call us today at (503) 517-7000. We work tirelessly to achieve favorable results for every client.