H.L.P. v. Jones

"To obtain an SPO under Oregon’s civil stalking statute, a petitioner must establish the following elements by a preponderance of the evidence: '(1) That the respondent engaged in "repeated and unwanted contact" with the petitioner; (2) that the petitioner was subjectively alarmed or coerced by the contact and that such alarm or coercion was objectively reasonable; (3) that the petitioner subjectively experienced apprehension about personal safety as a result of the contact and that such apprehension was objectively reasonable; and (4) that the respondent acted with the requisite mental state.'” Retherford v. Wafula, 305 Or App 344, 352, 471 P3d 786 (2020).

Respondent appealed from a judgment entering a stalking protective order (SPO). Respondent argued that the alleged incidents did not meet the standard imposed by the Oregon legislature. "To obtain an SPO under Oregon’s civil stalking statute, a petitioner must establish the following elements by a preponderance of the evidence: '(1) that the respondent engaged in "repeated and unwanted contact" with the petitioner; (2) that the petitioner was subjectively alarmed or coerced by the contact and that such alarm or coercion was objectively reasonable; (3) that the petitioner subjectively experienced apprehension about personal safety as a result of the contact and that such apprehension was objectively reasonable; and (4) that the respondent acted with the requisite mental state.'" Retherford v. Wafula, 305 Or App 344, 352, 471 P3d 786 (2020). The Court concluded that the lower court erred in granting the SPO because the evidence to support it was not sufficient. Reversed.