This guide provides an overview of the law of stalking. Topics covered include civil compared to criminal offenses, protective orders, cyberstalking, and links to other resources.
Oregon USLegal Guide to Stalking
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California Penal Code 646.9 PC makes it a crime to follow, harass, or threaten someone to the point they fear for their safety. In a domestic violence case, the criminal offense of stalking is a serious issue. California has some of the toughest and most comprehensive laws in the United States.
IMPORTANT: If you disagree with any other part of the Restraining Order, you must go to the scheduled exceptional circumstances hearing and let the court know what you object to. This will be your only chance to contest the issuance of the Restraining Order or any of its terms.
Dismissing A Stalking Protective Order In Oregon A stalking order can be dismissed in Oregon by the petitioner at any time. The petitioner must file a motion with the court to dismiss the stalking order.
HOW LONG DOES A STALKING PROTECTIVE ORDER LAST? If granted, a General Judgment re: Stalking Protective Order is permanent. Either party may ask the court to dismiss the SPO. If so, a hearing will be scheduled.
A stalking order can be dismissed in Oregon by the petitioner at any time. The petitioner must file a motion with the court to dismiss the stalking order.
Contesting (Objecting To) the Restraining Order To ask for a hearing, you must fill out the form called ?Request for Hearing? and mail or deliver it to the court before the end of 30 days from the date you were served with the Restraining Order. The court's address should be on the form.
The victim must file a Petition to Waive the No-Contact Order with the court that has jurisdiction over the case; and. The court must find, after a hearing on the Petition, that waiving the no-contact order is in the best interest of the parties AND the community.
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, ...