R.M.C. v. Zekan

Under ORS 30.866(1), a stalking protective order is obtainable only where a petitioner can show that the respondent's conduct causes the petitioner to fear for personal safety.

Respondent appealed from the trial court's issuance of a stalking protective order (SPO) based on Respondent's repetitive conduct outside Petitioner's business location. At the time of trial, Petitioner had a permanent SPO against Respondent's father, and sought a permanent SPO against Respondent. Respondent's home is located across the street from Petitioner's business location. Petitioner sought a permanent SPO after Respondent walked in front of Petitioner's store for between thirty minutes to nearly three hours on four consecutive days while dressed in a rodent costume. Based on this conduct, the trial court determined that a permanent SPO was necessary. On appeal, Respondent argued that there was no evidence in the record to show that Petitioner feared for her personal safety because of Respondent's conduct. The Court found that there was no evidence in the record that Respondent's conduct, though unwanted, created a fear for personal safety in Petitioner or anyone in Petitioner's home. Reversed.