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S.A.B. v. Roach

Summarized by: 

Date Filed: 05-02-2012
Case #: A142587
Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A142587.pdf

Civil Stalking Protective Order: For a stalking protective order, ORS 30.866 requires two or more contacts that will cause objectively reasonable fear. If verbal, the contact must rise to the level of a threat, and if physical, the contact must both subjectively and objectively reasonably cause alarm or coercion.

Respondent Emmy Roach (Roach) appealed a permanent stalking protective order (SPO) entered against her. Roach and the Petitioner, S.A.B. are neighbors that have had several confrontations, both physical and verbal, regarding the property line between their houses. Roach argued there was insufficient evidence to meet the standards of ORS 30.866, under which the SPO was issued. ORS 30.866 requires two or more instances of unwanted contact. If the defendant’s conduct is verbal, then the plaintiff must prove it is a threat under the standard laid out in State v. Rangel. The plaintiff must also show that she was actually and objectively reasonably alarmed or coerced by the contact. The Court of Appeals found that Roach’s first and second actions did not meet the statutory requirements for “contact,” and therefore did not meet the minimum of two “unwanted contacts” necessary to uphold the SPO. Reversed.