ORS
§ 30.866. Action
for issuance or violation of stalking protective order; attorney fees.
(2003)
(1) 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 if:
(a) The
person intentionally, knowingly or recklessly engages in repeated 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;
(b)
It
is objectively reasonable for a person in the victim's situation to have been
alarmed or coerced by the contact; and
(c) 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.
(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. 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) (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.
(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 in order to ensure the appearance of the respondent in
court.
(4) The
plaintiff 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 shall be charged for a proceeding under
this section if a court's stalking
order is the only relief sought
(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 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 or for violating a court's stalking
protective order as defined in ORS 163.750.