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J.L.B. v. K.P.B.

Summarized by: 

Date Filed: 05-16-2012
Case #: A146463
Hadlock, J. for the Court.; Ortega, P.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A146463.pdf

Civil Stalking Protective Order: Under ORS 30.866, taking numerous photographs of a person's home does not meet the standard of causing that person reasonable apprehension regarding his personal safety.

Respondents E.P.B. and K.P.B. appealed the trial court’s entry of two stalking protective orders (SPOs). E.P.B. and Petitioner J.L.B. divorced in 2007. On May 1, 2010, after E.P.B. and his new wife K.P.B. drove by, parked in front and took photographs of J.L.B.’s home on numerous occasions, J.L.B. sought and obtained temporary SPOs against both E.P.B. and K.P.B. In July 2010, the trial court determined that Respondents' actions were enough to support the two permanent SPOs that Petitioner sought. The Court of Appeals held that the evidence on which the trial court relied was insufficient to support the issuance of the permanent SPOs under ORS 30.866(1) because Respondents' actions would not place a person in reasonable apprehension concerning their personnel safety. Reversed.