ORS 30.866
Action for issuance or violation of stalking protective order

  • attorney fees

(1)

A petitioner may bring a civil action in a circuit court for a court’s stalking protective order or for damages, or both, against a respondent if:

(a)

The respondent intentionally, knowingly or recklessly engages in repeated and unwanted contact with the petitioner or a member of the petitioner’s immediate family or household thereby alarming or coercing the petitioner;

(b)

It is objectively reasonable for a person in the petitioner’s situation to have been alarmed or coerced by the contact; and

(c)

The repeated and unwanted contact causes the petitioner reasonable apprehension regarding the personal safety of the petitioner or a member of the petitioner’s immediate family or household.

(2)

At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court’s stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750). The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.

(3)

Intentionally left blank —Ed.

(a)

At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court’s stalking protective order and take other action as provided in ORS 163.738 (Effect of citation).

(b)

If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 (Issuance) in order to ensure the appearance of the respondent in court.

(4)

The petitioner may recover:

(a)

Both special and general damages, including damages for emotional distress;

(b)

Punitive damages; and

(c)

Reasonable attorney fees and costs.

(5)

The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

(6)

An action under this section must be commenced within two years of the conduct giving rise to the claim.

(7)

Proof of the claim shall be by a preponderance of the evidence.

(8)

The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.

(9)

No filing fee, service fee or hearing fee may be charged for a proceeding under this section.

(10)

If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent’s ability to possess firearms and ammunition or engage in activities involving firearms.

(11)

ORS 163.741 (Service of stalking protective order) applies to protective orders issued under this section.

(12)

Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 (Stalking) or for violating a court’s stalking protective order as defined in ORS 163.750 (Violating a court’s stalking protective order). [1993 c.626 §9; 1995 c.353 §6; 1999 c.1052 §4; 2003 c.292 §3; 2015 c.89 §1; 2021 c.274 §1]
Note: Definitions for 30.866 (Action for issuance or violation of stalking protective order) are found in 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750).

Source: Section 30.866 — Action for issuance or violation of stalking protective order; attorney fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html.

Notes of Decisions

Context of “personal safety” in statute and “danger” in ORS 163.730 definition of “alarm” clearly refers to concern over physical forms of harm and therefore terms are not vague. Delgado v. Souders, 146 Or App 580, 934 P2d 1132 (1997), aff’d 334 Or 122, 46 P3d 729 (2002)

Appellate review of protective order is de novo. Hanzo v. deParrie, 152 Or App 525, 953 P2d 1130 (1998), Sup Ct review denied

Where predicate contacts involve expression, order may issue only where expression or other associated conduct so unambiguously, unequivocally and specifically communicates determination to cause harm that objectively reasonable person in recipient’s situation would fear for personal safety or safety of household members. Hanzo v. deParrie, 152 Or App 525, 953 P2d 1130 (1998), Sup Ct review denied

“Contact” includes acts that, when learned of, give rise to unwanted relationship or association between petitioner and respondent. Boyd v. Essin, 170 Or App 509, 12 P3d 1003 (2000), Sup Ct review denied

“Intentionally,” “knowingly” and “recklessly” have meaning given those terms in Oregon Criminal Code. Delgado v. Souders, 334 Or 122, 46 P3d 729 (2002)

Procedure for issuance of stalking protective order is type historically exempted from right to jury trial and other constitutional safeguards for criminal prosecutions. Delgado v. Souders, 334 Or 122, 46 P3d 729 (2002)

Unless admitted by adverse party, factual allegations in petition do not constitute evidence in hearing for issuance of stalking protective order. Jones v. Lindsey, 193 Or App 674, 91 P3d 781 (2004)

Petitioner presented sufficient evidence to establish that petitioner’s subjective apprehension of physical safety was also objectively reasonable, when evidence showed that respondent was aware of substantial and unjustifiable risk that petitioner would not want respondent to make physical contact with petitioner and respondent chose to consciously and unreasonably disregard that risk. Retherford v. Wafula, 305 Or App 344, 471 P3d 786 (2020)

Law Review Citations

90 OLR 303 (2011)

30.010
Who may maintain action for injury or death of child
30.020
Action for wrongful death
30.025
Placement of damages in lawyer trust account or other account before distribution
30.030
Distribution of damages
30.040
Apportionment among dependents upon settlement
30.050
Apportionment among dependents after judgment
30.060
Appeal from order of distribution or apportionment
30.063
Forfeiture of damages distributable to parent or stepparent for desertion or neglect
30.065
Petition for forfeiture
30.070
Settlement
30.075
Procedure upon death of injured person
30.080
Effect of death of wrongdoer
30.090
Appointment of administrator of estate of wrongdoer
30.100
Substitution of personal representative as party defendant
30.115
Aircraft and watercraft guest passengers
30.130
Public carriers by aircraft and prospective aircraft purchasers
30.135
Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle
30.136
Action to enforce right or remedy under Servicemembers Civil Relief Act
30.138
Remedies for violation of Servicemembers Civil Relief Act
30.140
Certain indemnification provisions in construction agreement void
30.145
Certain provisions relating to waivers in construction agreements void
30.178
Liability of employer for disclosing information about employee to new employer
30.180
Definitions for ORS 30.180 to 30.186
30.182
Civil action for taking of or tampering with utility services
30.184
Amount recoverable
30.186
Remedies not exclusive
30.192
Definitions for ORS 30.192 to 30.196
30.194
Prohibitions relating to cable services
30.195
Civil action for violation of prohibitions relating to cable services
30.196
Amount recoverable
30.198
Civil action for intimidation
30.200
Action by district attorney
30.210
To whom official bonds are security
30.220
Parties
30.230
Leave to begin action
30.240
Subsequent delinquencies on same bond
30.250
Amount of judgment
30.260
Definitions for ORS 30.260 to 30.300
30.261
Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations
30.262
Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300
30.265
Scope of liability of public body, officers, employees and agents
30.267
Liability for certain medical treatment at Oregon Health and Science University facilities
30.268
Liability for certain medical treatment at facilities other than Oregon Health and Science University
30.269
Limitations on awards under Oregon Tort Claims Act generally
30.271
Limitations on liability of state for personal injury and death
30.272
Limitations on liability of local public bodies for personal injury and death
30.273
Limitations on liability of public bodies for property damage or destruction
30.274
Direct appeal of constitutionality of limitations
30.275
Notice of claim
30.278
Reporting notice of claim of professional negligence to licensing board
30.282
Local public body insurance
30.285
Public body shall indemnify public officers
30.287
Counsel for public officer
30.290
Settlement of claims by local public body
30.295
Payment of judgment or settlement
30.297
Liability of certain state agencies for damages caused by foster child or adjudicated youth
30.298
Liability of certain state agencies to foster parents for injury or damage caused by foster child or adjudicated youth
30.300
ORS 30.260 to 30.300 exclusive
30.302
Certain retired health care providers to be considered agents of public bodies
30.310
Actions and suits by governmental units
30.312
Actions by governmental units under federal antitrust laws
30.315
Proceedings by cities and counties to enforce ordinances and resolutions
30.320
Contract and other actions and suits against governmental units
30.330
Contracts of Department of Transportation providing for arbitration
30.340
Title of proceedings by or against county
30.360
Governmental unit as defendant in actions involving liens on realty
30.370
Service of summons on Attorney General
30.380
Action by assignee of claim for money illegally charged or exacted
30.390
Satisfaction of judgment against public corporation
30.395
Settlement of certain claims against municipal corporations
30.400
Actions by and against public officers in official capacity
30.405
Injunction for criminal conduct related to employment or status of public servant
30.407
Request for hearing following issuance of order under ORS 30.405
30.410
In whose name action brought
30.420
Venue of action for forfeiture
30.430
Amount of penalty
30.440
Judgment by collusion not a bar
30.460
Payment of fines or costs in proceeding to enforce county ordinance or resolution
30.475
Legislative policy
30.480
Limitation on liability of volunteers
30.485
Apportionment of damages
30.490
Definitions for ORS 30.490 to 30.497
30.492
Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material
30.495
Exceptions to limitation
30.497
When limitation on liability not applicable
30.500
Definitions for ORS 30.500 and 30.505
30.505
Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws
30.510
Action for usurpation of office or franchise, forfeiture of office or failure to incorporate
30.520
Joinder of defendants
30.530
Determining right of person claiming an office or franchise
30.540
Rights of person adjudged entitled to office or franchise
30.550
Action for damages
30.560
Judgment against usurper
30.570
Action to annul corporate existence on direction of Governor
30.580
Action to annul corporate existence on leave of court
30.590
Judgment against corporation
30.600
Action to annul letters patent
30.610
Prosecutor
30.620
Duty of district attorney
30.630
Filing copy of judgment with Secretary of State
30.640
Enforcement of judgment
30.642
Definitions for ORS 30.642 to 30.650
30.643
Waiver or deferral of fees and costs
30.645
Waiver or deferral of fees after three dismissals of action
30.646
Payment of costs under judgment against adult in custody
30.647
Dismissal of action during proceedings
30.648
Small claims actions
30.650
Award of noneconomic damages
30.671
Definitions for ORS 30.671 to 30.677
30.673
Limitations on liability of agri-tourism professional
30.677
Notice
30.687
Definitions for ORS 30.687 to 30.697
30.689
Policy
30.691
Limitations on liability
30.693
Additional exceptions to limitations on liability
30.695
Effect of written release on liability of veterinarian or farrier
30.697
Effect on workers’ compensation benefits
30.701
Actions against maker of dishonored check
30.715
Successive actions or suits
30.740
Right of gambling loser to recover double losses
30.750
Liability of abstractors
30.765
Liability of parents for tort by child
30.772
Liability of landowner arising out of aviation activity
30.774
Indemnification of property owner that allows nonprofit organization or educational provider to use property
30.780
Liability for damages caused by gambling
30.785
Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards
30.788
Liability of architect, engineer, inspector or building evaluator for emergency relief services
30.792
Liability of health care provider or health clinic for volunteer services to charitable organization
30.794
Liability of physician or hospital arising out of care provided by direct entry midwife
30.800
Liability for emergency medical assistance
30.802
Liability for use of automated external defibrillator
30.803
Liability of licensed emergency medical services provider acting as volunteer
30.805
Liability for emergency medical assistance by government personnel
30.807
Liability for emergency transportation assistance
30.809
Liability of fraternal organization that provides used eyeglasses or hearing aids
30.811
Liability of person providing outreach services to homeless individual or individual at risk of becoming homeless individual
30.813
Liability of person who enters motor vehicle to remove unattended child or domestic animal
30.815
Liability of seller or lessor of law enforcement dog
30.817
Action against animal abuser for costs of providing veterinary care
30.820
Action against seller of drugged horse
30.822
Action for theft of or injury to search and rescue animal or therapy animal
30.825
Action for unlawful tree spiking
30.831
Action for invasion of personal privacy
30.833
Action for dissemination of intimate image
30.835
Action for improper disclosure of private information
30.845
Action against person who summons police with improper intent
30.849
Action for injunction compelling private school to comply with certain laws
30.860
Action for trade discrimination
30.862
Action for public investment fraud
30.863
Action for impersonation
30.864
Action for disclosure of certain education records
30.866
Action for issuance or violation of stalking protective order
30.867
Action for violation of criminal laws relating to involuntary servitude or trafficking in persons
30.868
Civil damages for custodial interference
30.870
Definitions for ORS 30.870 and 30.875
30.875
Civil damages for shoplifting or taking of agricultural produce
30.876
Treble damages and costs in actions arising out of interference with agricultural research
30.877
Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production
30.882
Award of liquidated damages to sports official subjected to offensive physical contact
30.890
Liability of food gleaners, donors and distributors
30.892
Liability of donors and distributors of general merchandise and household items
30.900
“Product liability civil action” defined
30.902
Products provided by physicians
30.905
Time limitation for commencement of action
30.907
Action for damages from asbestos-related disease
30.908
Action arising out of injury from breast implants
30.910
Product disputably presumed not unreasonably dangerous
30.915
Defenses
30.920
When seller or lessor of product liable
30.925
Punitive damages
30.927
When manufacturer of drug not liable for punitive damages
30.928
Time limitation for actions for damages caused by certain light bulbs
30.930
Definitions for ORS 30.930 to 30.947
30.931
Transport or movement of equipment, device, vehicle or livestock as farming or forest practice
30.932
Definition of “nuisance” or “trespass.”
30.933
Legislative findings
30.934
Prohibition on local laws that make forest practice a nuisance or trespass
30.935
Prohibition on local laws that make farm practice a nuisance or trespass
30.936
Immunity from private action based on farming or forest practice on certain lands
30.937
Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use
30.938
Attorney fees and costs
30.939
When use of pesticide considered farming or forest practice
30.940
Effect on other remedies
30.942
Rules
30.943
Certain agencies not required to investigate complaints based on farming or forest practice
30.947
Effect of siting of destination resorts or other nonfarm or nonforest uses
30.949
Action for hindering, impairment or obstruction of forest practice on state forestland
30.961
Actions against sellers of food for food-related condition
30.963
Claim requirements for actions involving food-related conditions
30.970
Definitions for ORS 30.970 to 30.990
30.975
Skiers assume certain risks
30.980
Notice to ski area operator of injury to skier
30.985
Duties of skiers
30.990
Operators required to give skiers notice of duties
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