S. J. R. v. King

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Stalking Protective Order
  • Date Filed: 07-22-2015
  • Case #: A155338
  • Judge(s)/Court Below: Duncan, P.J. for the Court; Lagesen, J.; & Wollheim, S.J.
  • Full Text Opinion

Under ORS 30.866(1)(a) a person seeking a stalking protective order must show evidence of two or more qualifying contacts.

King appealed a decision granting Petitioner a stalking protective order (SPO). King argued that the SPO was not supported by sufficient evidence, and the Court agreed. In order for the court to grant an SPO a couple criteria need to be met. Petitioner must have shown that two or more contacts had been made by King within a two year period of time, and that each of those contacts must have given rise to both subjective and objective reasonable alarm. For there to be alarm there must be a perception of danger arising from a threat. Threats can come in the form of both expressive and non-expressive contacts. For expressive contacts to be qualified as a threat it must be a communication that instills a fear of imminent and personal violence from the speaker to the addressee, and it is objectively likely to be followed by unlawful acts. For non-expressive contacts to be a threat the person would have to behaving in a threatening manner that would give rise for safety concerns for the addressee. The Court was unable to find evidence of two or more qualifying contacts that would grant Petitioner the relief of an SPO. Reversed.

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