V.L.M. v. Miley

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Stalking Protective Order
  • Date Filed: 08-13-2014
  • Case #: A154196
  • Judge(s)/Court Below: Lagesen, J. for the Court; Duncan, P.J.; & Wollheim, J.
  • Full Text Opinion

A stalking protective order must be supported by evidence that contacts caused a subjective fear for personal safety and that such a fear was objectively reasonable.

V.L.M. appealed a judgment entering a permanent stalking protective order against him. The Court agreed with V.L.M., citing that there was “simply no evidence” that V.L.M.’s contact with Miley caused a subjective fear for personal safety, nor whether such a fear was objectively reasonable. Despite several instances of written contact and one instance of in-person contact which could have been upsetting, there was no evidence that this caused Miley to fear for her personal safety, or that such a belief would have been reasonable. Reversed.

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