Defense of Stalking Protection Orders & Restraining Orders
Oregon Courts order substantial penalties when issuing a PERMANENT Stalking Protection Orders (SPO). If you have been served with a Temporary SPO order you should immediately retain an attorney for your mandatory hearing.
Time is of the essence.
At the initial ex parte hearing the Petitioner/ Accuser told the judge their side of the story---without you or your attorney present to challenge the legal sufficiency or even dispute one word of the Petitioner/ Accuser.
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At the contested mandatory hearing (which is a trial) the Petitioner/Accuser must prove that you had two or more unwanted contacts with the Petitioner/Accuser (or family or household member) in which you intentionally, knowingly or recklessly alarmed or coerced the Petitioner (family, etc.) causing a reasonable apprehension regarding their personal safety. These alleged unwanted contacts can be from as far back as two years ago.
At your contested hearing your attorney can raise legal objections and vigorously cross-examine the Petitioner. The attorney will prepare you to testify in addition to preparing your full defense and knowing what case law and facts to present and argue to the court.
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Virtually all of these cases raise First Amendment Freedom of Speech issues which can often prove to be particularly beneficial to your defense when properly presented to the court.
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The Petitioner must prove that these unwanted, highly objectionable contacts occurred within the last two years and that you intentionally, knowingly or recklessly caused alarm or coerced the Petitioner etc., such contact must alarm a reasonable person. The necessary proof that the petitioner must establish is based upon a "preponderance of evidence standard". This is far below either the "clear and convincing standard" used in some civil actions or "beyond a reasonable doubt standard" used in criminal trials. The preponderance of evidence standard simply means that it must be more likely than not that the alarming contacts occurred, caused a reasonable apprehension to their personal safety and you did so intentionally, knowingly or recklessly.
Each of these legal terms (i.e. intentionally, knowingly, recklessly, alarm, etc.) have legally defined meaning. At your contested hearing your attorney can argue that based upon the Petitioner’s testimony and the related Case Law concerning Stalking Protection Orders, that the case is legally insufficient as a matter of law.
It is crucial that you be represented by attorney immediately on issuance of the Temporary SPO.
Contact our office to schedule a Consultation.
​Email: john@thewalshlawfirmllc.com
Call: 541-288-3333