- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Stalking Protective Order
- Date Filed: 06-03-2015
- Case #: A156004
- Judge(s)/Court Below: Duncan, P.J. for the Court; Lagesen, J.; & Flynn, J.
- Full Text Opinion
Respondent appealed from a stalking protective order (SPO) issued against her under ORS 30.866. After a long-term domestic partnership ended, Petitioner filed an SPO against Respondent after the occurrence of three separate actions Petitioner testified were the basis of the SPO application. First, Petitioner testified Respondent struck him on the arm while he was sleeping and he later learned it was broken; second, Petitioner stated Respondent had parked near Petitioner's work and watched him; and third, Petitioner alleged Respondent posed as a prospective buyer and entered his rental home with a realtor. The actions must cause both objective and subjective reasonable alarm or coercion. Only the latter two actions fell within the two-year period prior to filing the SPO, and Petitioner testified that only the final action of entering his home with a realtor caused Petitioner to feel subjectively alarmed. The Court held only one action by Respondent caused subjective alarm to Petitioner and therefore only one qualifying contact had occurred, which cannot be the basis for an SPO. Reversed.