Wednesday, July 25, 2018

All You Need To Know About Stalking Orders In Oregon

Stalking is a criminal offense. It is a behavior that can intimidate another individual or induce fear or coerce that individual. It may include harassing them or closely following or monitoring that person. If you have experienced this it is recommended to file a stalking order in Oregon.

If you are unfamiliar with the term, I am here to help you.

A stalking order is a protection given to a victim who has been repeatedly harassed or coerced or even suffered unwanted contact by an individual or group.

It is different from a restraining order in Oregon. While a stalking order is a court order against a person who has been accused of stalking, a restraining order is against a person who has committed domestic violence. So, you should not get confused between the two.

Even though stalking is a crime, it is not yet one, which requires the services of a measure 11 attorney in Oregon.

Some common behaviors of stalking are-

Being followed closely or monitored constantly
Finding someone waiting outside your home or workplace
Committing a crime against you
Getting constant texts, emails or phone calls posing a threat to your safety

Now, a stalking order cannot be filed without a set of requirements. These are as follows-

Two Or More Contacts-
You or a member of your immediate household or family must experience such contact at least twice in the last two years.

Age-
You can be of any age to get a stalking order. But if you are a minor that is under 18, you must have a guardian to file the order for you. It is not necessary to be of 18 years of age.in case of a minor, the guardian is called a “guardian ad litem”.

Contacts Should Coerce-
You should be sure that these contacts coerce or cause fear in you. The contact should cause you to feel alarmed. If you or any of your immediate family member feel threatened about your safety then you can file this order.

Special Rules-
If you have been receiving phone calls or text messages or emails, then you must prove that these contacts make you feel alarmed and make you fear your safety. Also, you need to prove that these contacts intend to pose a direct threat to you.

How To File For A Stalking Order In Oregon?

An order must be filed in the courthouse of the county where the contact took place or where the stalker lives. For filing the order no payment is required. It is completely free.

Now, while filling up the form, no private data should be disclosed. The person who has committed the crime is the “Respondent” and you are the “Petitioner”. Fill the petition completely and carefully. After the form is filled it must be submitted to the court.

After the petition is filled and submitted to the court. The judge asks you some questions usually under the oath. You must answer truthfully. And if the judge decides that your conditions fit the requirements of the law, he/she gives you a ‘Temporary Stalking Protective Order”.

Thereafter a hearing is scheduled and the judge decides whether the temporary stalking order should be made permanent.

I hope the above points have cleared all your queries about this order. If you are experiencing this please take immediate actions.

Visit here to know about Oregon stalking laws.

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