T. J. N. v. Schweitzer

In order to acquire an SPO, “a petitioner must show by preponderance of the evidence, that ‘(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.’” ORS. 30.866(7); ORS. 30.866(1).

Respondent appealed from a judgment and issuance of a permanent stalking protective order (“SPO”) against him. Respondent assigned error to the deficient evidence in the record to support such a judgment. On appeal, Respondent argued that a birthday card he sent to Petitioner was not a legally qualifying contact within the SPO because it was neither subjectively or objectively alarming. In order to acquire an SPO, “a petitioner must show by preponderance of the evidence, that ‘(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.’” ORS. 30.866(7); ORS. 30.866(1). The Court found that the evidence presented by Petitioner of a birthday card, text messages, and an email sent to her from Respondent met the preponderance of the evidence standard. The Court held that even if Respondent had successfully preserved a challenge to one of the pieces of evidence, the birthday card, the remaining evidence that Petitioner presented, which was not preserved, satisfied this standard as well. Affirmed.