In Oregon, stalking can either be charged as a criminal offense or brought in a civil action.  Criminal stalking is defined in ORS 167.732 and is in most cases a Class A misdemeanor.  The procedure for obtaining a civil protective stalking order is covered in ORS 30.866.  

CRIMINAL STALKING

Under ORS 163.732, a person commits the crime of stalking if the person:

1. Knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person; AND

2. It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; AND

3. 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.

Criminal stalking is typically a Class A misdemeanor, but may be a Class C felony if you have a prior conviction for stalking or for violating a court’s stalking protective order. Being charged with criminal stalking can be a frustrating and costly experience. You will benefit by having an experienced advocate on your side working with you through the process.

STALKING PROTECTIVE ORDERS

Under ORS 30.866, a person may bring a civil action in a circuit court for a court’s stalking protective order or for damages, or both, against a person by proving by a “preponderance of the evidence” that:

1. The person intentionally, knowingly or recklessly engages in repeated (more than twice) and unwanted contact with the other person or a member of that person’s immediate family or household thereby alarming or coercing the other person; AND

2. It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; AND

3. 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.

A civil stalking protective order may be temporary or for an unlimited duration (i.e. the order may be in effect for a lifetime).  Stalking protective orders are public record, which means they can be accessed by anyone.  A protective order can affect how you are perceived by coworkers, family, and friends. It can also restrict your ability to travel, get a new job or remain living where you choose.  If you are charged with a stalking offense you will want an aggressive and experienced advocate you can trust to defend your interests.  We listen to the specifics of each client’s unique situation, and develop an optimum strategy through the legal system, whether it be a plea agreement or taking your case to trial.  

In Lane County, local court rules limit first court appearance hearings for stalking protective orders to one hour.  Hearings that will take longer than one hour are placed on the trial docket and heard 30-45 days out.  It is important to have an experienced and knowledgeable advocate on your side at the hearing to ensure that you rights are protected.

If you are facing criminal stalking charges call the Law Office of Max J Mizejewski to speak with an experienced criminal defense lawyer in Eugene, Oregon.

Contact Us online or call 541-505-9872 to schedule a consultation.