Stalking Protective Orders

The legal standards obtaining a Stalking Protective Order are as follows: By a preponderance of the evidence, if a person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the victim or a member of the victim’s immediate family or household, thereby alarming or coercing the victim;  it is objectively reasonable for the victim in his or her situation to have been alarmed or coerced by the contact; and the repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim’s immediate family or household, then a court may issue a SPO.  In McGinnis-Aitken v Bronson, 235 Or App___ May 5, 2010 the court, however, made it clear that there must be at least two contacts and they must be of the sort that instill in the victim a fear of imminent and serious personal violence from the stalker, must be unequivocal, and must objectively be likely to be followed by unlawful acts.


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