FALSE STALKING PETITIONS IN EUGENE

The criminal justice system of Oregon is a very fair and wise system of law. In order to protect its citizens from stalkers and assault, Oregon stalking laws are very strict. They are designed in such a way that the person who feels that they are in danger can take immediate action against the person stalking them.  

However, a sad thing about even the most well-intended laws is that there are people who will always misuse them. Highly esteemed lawyers in Eugene estimate that most of the stalking lawsuits in Eugene are frivolous. Most of the stalking lawsuits are aimed at getting an advantage in a child custody case.  

Some are even cases of vengeful behavior on the part of an estranged spouse. Here is the damage that a fake stalking petition can cause to you in Oregon unless you elicit the services of a top Eugene criminal defense attorney. A few of them have been explained in detail below so you fully understand the gravity of the situation.

Loss Of Child Custody

An unfair restraining order in Oregon can result in you losing the custody rights of your child if you are divorcing your spouse. Many vengeful men and women take unfair advantage of Oregon stalking laws so that they can have some sort of revenge against you. Engage the best Eugene criminal defense attorney to ensure that this kind of thing does not happen to you.

Indelible Mark On Your Background

Even a mark in your background sheet which reveals that you were issued a restraining order in Oregon can have a detrimental effect on your life. You can lose job prospects and you can also suffer economic repercussions. You may be denied loans and you may also find your freedom of movement reduced.  

You will find that you are denied permission to leave the state or be in certain areas if you have been served an Oregon restraining order. That is why you must engage the services of an experienced Eugene criminal defense attorney to ensure that this does not happen to you.

Now that you know why you must engage a good defense attorney for stalking cases, you can make an educated choice on your own.

Stalking And Stalking Orders In Oregon

Stalking is illegal in Oregon regardless of the motives behind it. Oregon stalking laws specify that it is criminal to follow around another person, make them feel unsafe, and repeatedly contacting them. These are categorized as forms of harassment.

The crime, which is dependent on a visible pattern of ill-intended behavior is a Class A misdemeanor. Class A misdemeanors include other crimes such as shoplifting, reckless assault, and credit card fraud. If the stalker was previously convicted for stalking or violating a stalking protective order, it escalates to a Class C felony which comes with more serious consequences. Fines for Class A misdemeanor go up to $6,250 and variant (but up to $125,000) for Class C felony which has a maximum jail term of five years.  

    

Stalking, according to Oregon law, is knowingly intimidating or frightening a person or a member of that person's family. It is categorized as unsafe behavior if it occurs out of repeated actions. Stalkers usually contact victims to make them feel anxious and to fear for their safety. The accused should have the intention of harming someone, threatening someone, or intimidating someone.  

Eugene criminal defense attorneys also find that stalking can be accompanied by other felonies as well including trespassing, breaking and entering, and intimidation. Eugene criminal defense attorney can help acquire a restraining order in Oregon. In cases where offenders breach the terms in the stalking protection order or a restraining order in Oregon, the attorneys might push for a sentencing.

Oregon stalking laws can impose a stalking restraining order in Oregon in addition to hefty fines and possible jail time. The order establishes that the victim must remain a certain distance away from the victim for an amount of time that the judge decides.

To acquire such an order, the stalker should have contacted the accuser or family repeatedly to upset. There must be determination that the accuser is in a dangerous situation and that the accused caused the person to worry and fear for either their own safety or their family member’s safety.

No cost is involved for making a complaint, filing, serving the offender or getting a court hearing on the order.

Role Of Lawyers In Case Of Stalking Orders

Stalking is quite a well-known term which has created different kinds of misconceptions related to what actually the crime is about. In most of the cases, the crime involves the following someone. However, there are some more instances when this crime can take place. The federal law related to stalking does not really exist but most of the states follow their own criminal law in this regard. Here are some of the stalking elements which get considered criminal in most of the states: 

• Any type of intentional harassment in the form of vandalism, repeated messages or other forms of unwanted behavior
• The reasonable or actual victim fears the stalker owing to the type of behavior he or she carries on
• Credible threats that come against the safety of the victim and his or her family members

Stalking Orders In Oregon: 

This is quite a serious matter. Violation of stalking orders gets considered as a crime and is thus punishable under law. Unlike the restraining order in Oregon, the order of stalking does not have any natural expiry date. It continues to remain permanent unless proper actions are taken for removal. 

How Can A Lawyer Help You With Stalking Order? 

Knowledgeable lawyers conversant with the Oregon stalking laws can successfully handle both defending and prosecuting the clients against the stalking orders of the court. The key to defending or proving the staling order involves the methodical, detailed and proper application of the case law and the statute of Oregon. The attorney reviews the case thoroughly and then organizes all the information related to it carefully. 

There are several defenses available to the accusations trapped in stalking orders. Some of them are: 

• If the accused is getting engaged in protected activity, then the stalking charges do not apply to him or her. Cases like labor picketing and peacefully assembling are exempt from stalking orders. 
• There is no evidence to prove the credible threat that the victim has suffered from the defendant. 
• The victim intentionally or mistakenly identifies the incorrect person as a stalker. 

So, it is important to seek legal advice from an eminent attorney when you are dealing with stalking orders. Sometimes, people get unnecessarily trapped in these cases when the role of a Eugene criminal defense attorney is ideal to bring them out of the mess.