By definition, stalking is unwanted and obsessive attention that would make one feel threatened. Jason Thompson has represented many individuals involved in stalking cases.
Cases we have prevailed on in defense of a protective order and had dismissed:
- Fletcher v. Makowski
Linn County Case No. 20PO05925
- Osburn v. Makowski
Linn County Case No. 20SK01582
- Nichols v. Makowski
Linn County Case No. 20SK01584
- Ruelas v. Algeri
Polk County Case No. 20PO03063
- Kouklani v. Allen
Washington County Case No. 20PO00632
- V.A.N. v. Parsons
253 Or App 768 (2012)
- Elliott v. Strope
307 Or App 156 (2020)
Nationally, 7.5 million people are stalked every year and approximately 1 in 6 women and 1 in 17 men have experienced stalking at some point in their lifetime. (Centers for Disease Control, 2015)
What are the requirements for getting a stalking protective order?
A person, called the petitioner, may be eligible for a stalking protective order at any age. If the petitioner is under 18, a parent or guardian can also apply for a protective order on your behalf.
The person the petitioner gets a stalking order against, called a respondent, does not have to be over 18. However, if the respondent is a minor, the court will appoint an adult representative to assist them in the case (called a “guardian ad litem”).
Two or more unwanted contacts within the last two years
The petitioner or an immediate family member or household member must have been contacted at least two separate times by the respondent within the last two years.
The contacts must have been unwanted.
Contacts must alarm or coerce
The stalking contacts must cause the petitioner to feel alarmed (fearful of danger) or coerced (forced).
The feeling of alarm or coercion must be objectively reasonable. This means that the average person would also feel alarmed or coerced by the contacts.
The contacts must cause the petitioner reasonable apprehension (worry) for the petitioner’s personal safety or the safety of an immediate family or household member.
Special rule for purely expressive or communicative contacts
If the respondent is stalking the petitioner by texting, calling, emailing, or messaging the petitioner, then the petitioner must show that these contacts: (1) make the petitioner fear for the petitioner’s personal safety, (2) contain direct threats to harm the petitioner, and (3) that it is likely the respondent intends to carry out these threats.
What can Jason Thompson do for me?
Mr. Thompson regularly represents individuals involved in these cases and can help clarify any questions you may have. If you have been accused of stalking or if you would like to file a stalking protective order, please contact Thompson Law today to set up a consultation. Because oftentimes allegations that begin in stalking petitions result in criminal investigations, if you have been served a stalking petition, you should get a consultation as soon as possible.