How Do I Get a Stalking Order?

There are two ways to get a stalking order:
1. Through your local police agency, - OR - 2. Petition the Court for a stalking order

1. POLICE OR SHERIFF ROUTE

Call or go to your local police agency to file a stalking complaint. Not all police departments have their business office open after regular business hours so a phone call to their dispatch agency works best. Unlike a Court petition, you can ask for this anytime, including evenings and weekends.
After talking to you, if the police find that there is "probable cause" to believe that stalking has occurred, a stalking citation will be issued to the respondent. The stalking citation is not a stalking order.
A copy of the citation will be delivered to you by an officer after service upon the respondent to inform you of the date/time of the initial hearing. The citation will require you and the respondent (stalker) to appear in court for a temporary stalking order hearing within three judicial (business) days. If you do not appear, your case will be dismissed. You can 'appear' by telephone. It you decide to do this, call the Courts at 265-4236 as soon as possible but at least an hour before the time set for the hearing.

TEMPORARY HEARING: At the first hearing, the Judge may:

Hold a hearing to decide if you are entitled to a stalking order; or
Postpone or continue the case for up to 30 days and issue a temporary stalking order in the meantime; or
Deny your request for a stalking order.

While it is likely that any hearing of evidence will be postponed or "continued" for up to 30 days, it is still important to be prepared to present your evidence and witnesses.

Important: The law enforcement officer who issued your citation will not automatically come to the hearing. If the officer has not witnessed any of the stalking he generally is not able to testify. If you have questions about this, discuss it with the officer and always be prepared to present your own case. The District Attorney does not come to hearings seeking stalking orders because these hearings are civil, not criminal. However, stalkers could also be prosecuted for the crime of stalking; ask the police about this.

PERMANENT HEARING: At this hearing, the judge will hear more complete evidence on the issue of whether the temporary stalking order should be made permanent. Both you and the stalker must appear at this hearing. If you do not appear, your order could be dismissed. At this hearing, you should be ready to give your own testimony, call witnesses, and present any evidence you have to prove your case.

2. COURT PETITION ROUTE

If you want to see a Judge and ask for a stalking order right away, or if the police will not issue a stalking citation, you can file forms yourself in Court. Check with the resources at the bottom of this page for the forms. Help may be available for filling out stalking paperwork.
Turn in the forms at the Courthouse, Room 202. There is no fee. The clerk will set a time that day or the next day for you to talk with a Judge. This means you may be able to get a stalking order the same day you file for one.

TEMPORARY (Ex parte) HEARING: This is a brief hearing in front of the Judge. The Judge may ask you some questions before deciding whether to give you the temporary stalking order. The Respondent (stalker) does not receive notice of this hearing and is usually not present. The Judge will:

Issue a temporary stalking order and set another date for a permanent stalking order hearing; or
Deny your request for a stalking order.

PERMANENT HEARING: At this hearing, the judge will hear more complete evidence on the issue of whether the temporary stalking order should be made permanent.

Both you and the stalker must appear at this hearing. If you do not appear, your order could be dismissed.
At this hearing, you should be ready to give your own testimony, call witnesses, and present any evidence you have to prove that the stalker has stalked you.

MORE INFORMATION AND HELP

Legal Aid Services of Oregon prepared this flyer for general educational information on the ways to get stalking order protection; it is not a substitute for the advice of an attorney. It is best to be represented by an attorney at the hearing. At the hearing, it is best to have witnesses to the stalking to testify on your behalf. Bring any evidence you have of the stalking, such as threatening phone messages or letters. Contact the places listed below to get information on what stalking is and what you must prove in court.

Confederated Tribes of the Siletz Indians also has a Stalking Code. Stalking Orders can be through police citation or petitions to Tribal Court, very similar to the routes described in this flyer. You may be able to get a stalking order in both Tribal Court and State Court. Contact Legal Aid Services (below), or Tribal Court at 444-8228.

For forms and more detailed information on stalking, safety planning, and protection orders:
My Sisters' Place 541.574.9424 or 1-800.841.8325	Victim Assistance District Attorney's Office Lincoln County Courthouse 225 West Olive, Newport, OR 97365 541.265.4145
Legal Aid Services 304 SW Coast Highway, Newport, OR 97365 541.265.5305 or 1.800.222.3884 oregonlawhelp.org

Prepared by Legal Aid Services of Oregon, Lincoln County Office 06/06