Thursday, September 20, 2018

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. 

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