Family Law

What is Stalking?

Oregon law defines "stalking" as one person's knowingly alarming or coercing another person by engaging in repeated and unwanted contact with the other person.  Other states' laws will have different definitions. 

A person "stalks" if s/he: 

          (1) has caused you to feel that you or a member of your immediate family or household is in danger; or 

          (2) has controlled you or a member of your immediate family or household by force or threat of force; and 

          (3) knows he or she is alarming or coercing you or a member of your immediate family or household. 

A person may knowingly alarm or coerce you by a variety of repeated and unwanted contact, including:  hanging around where you can see him or her; following you, waiting outside your home, school or property; communicating with you by talking, writing, sending you things directly or through a third person; committing a crime against you, your pets, belongings, or your property; communicating with other people or businesses in a way that affects your rights; or other ways not listed here. 

You can get a protective stalking order after at least two incidents of unwanted contact by the person, if the contact made you feel alarmed or coerced and afraid for your safety.  Your fear should be reasonable under the circumstances; that means that another person in your place could react the same way you did. 

If you think the situation you are in fits the above description, you have the right to ask to file a complaint. 

Who may file a complaint?

          (1) you may file a complaint for yourself, 

          (2) a parent may file one to protect his or her minor children, 

          (3) a guardian may file one to protect his or her dependent persons. 

In legal terms, the person filing the complaint (you) is the "petitioner" and the person you are complaining about (the alleged stalker) is the "respondent." 

GETTING A PROTECTIVE STALKING ORDER DOES NOT KEEP YOU FROM GETTING A FAMILY ABUSE PROTECTIVE ACT (FAPA) RESTRAINING ORDER IN CASES OF DOMESTIC VIOLENCE.  AND IF YOU HAVE A RESTRAINING ORDER,  YOU MAY STILL ASK FOR A PROTECTIVE STALKING ORDER IF THE STALKING LAW APPLIES TO YOUR SITUATION.

How to file a complaint

Independent action for a protective stalking order - Any person may petition for a court's protective stalking order, or damages, or both. Go to the Lane County courthouse, at 125 East 8th Avenue. Go to the second floor information booth and ask for the pre-printed forms for filing a protective stalking order. For assistance in filling out this form, go to Victim's Services on the 4th floor of the courthouse.

Officer's citation - A complaint may be presented by any person to any law enforcement officer or agency. Go to the Sheriff's office at 125 East 8th Ave. and tell an officer you are there to fill out a stalking complaint. You may want to call first to say you are coming. The number is 682-4150. The Eugene Police Department, located at 777 Pearl Street, can also provide this service.

You will have to supply the following information: (1) your name and address as the petitioner (and the person being stalked if it is different), (2) the respondent's name and address, (3) a physical description of the respondent (a recent photo if you have one), (4) time period and description of the conduct and (5) the relationship, if any, between you or the person being stalked and the respondent.

It is important to be as specific and as truthful as possible on the complaint. Think about the time of day, date, location, witnesses, and conduct of the respondent and be ready to put this information into the complaint. Also, be ready to explain why the respondent's behavior is making you afraid for your personal safety.

The officer will then ask you to sign the complaint. By signing it, you are swearing that all the information is true and correct.

There is no fee for filing, serving or having a court hearing about the protective stalking order.

What happens next?

When the sheriff finds that your complaint sets out a probable case of stalking, the sheriff issues a citation (notice) to the respondent ordering him or her to appear for a hearing in court within three days of being served.  At the hearing, the court will decide whether a stalking order is needed.  The officer must let you know, in writing of the date and time of the court hearing.  It is important to give your correct address to the officer when filing the complaint, or a safe address where you will check the mail for this information. 

The Hearing

At the hearing the respondent can try to show why the protective order is not needed.  You must be at the hearing either in person, or with the court's permission, by telephone (ask the officer who helps you fill out the order about this option).  It is possible the court may postpone the hearing for up to thirty days if either party needs more time to prepare for a hearing.  Meanwhile, the court may enter a temporary protective stalking order.  At the hearing, the court may issue a protective stalking order if the court decides it is more likely than not that the respondent stalked you and caused you to be afraid. 

If the respondent does not come to the hearing, the judge will issue an arrest warrant and grant the protective order. 

The Protective Order

When the judge enters the protective order, it will say specifically what the respondent is not allowed to do.  The order may also ask for a mental health evaluation of the respondent.  The order is good for an unlimited amount of time, unless the order says otherwise. 

Once the order is issued, you must call the sheriff or police if the respondent violates it. They will not know if the order is violated unless you tell them. They must arrest the respondent when they learn that the order has been violated. Violating the order is a misdemeanor. Violating the order again, after being convicted of a previous violation, is a felony (ORS 163.750(2)). The police will not know this information unless you report it every time!

Other information you should know

You may be able to collect attorney fees and damages from the respondent. You should see an attorney for more information in this area. STALKING.WPD (7/00)

The statutes referred to can be found in the Eugene Public Library, and in the Lane County Courthouse located at 125 E. 8th Avenue, Eugene, Oregon, 97401.

Click here to view Oregon Revised Statutes online.

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