A Stalking Order Hearing Changes Everything.Make Sure You Have the Right Lawyer in the Room.
Oregon's stalking order process moves in two stages — a temporary order that takes effect the moment it's served, then a permanent hearing where the outcome is decided. Whether you're seeking protection or contesting a served order, what happens at that hearing is what matters.
David Wallace represents clients on both sides of Oregon's Stalking Protective Order process. Choose your situation:
For Petitioners
I Need a Stalking Order
You're experiencing a pattern of unwanted, alarming contact and you need it to stop. David documents your case and represents you at the hearing.
Getting a Stalking OrderFor Respondents
I've Been Served a Stalking Order
A temporary order is in effect and a hearing is coming. David helps you challenge orders that don't meet the legal standard.
Contesting a Stalking OrderOregon Law Basics
What Is an Oregon Stalking Protective Order?
A Stalking Protective Order (SPO) is a civil court order under ORS 163.730–163.750that prohibits a person from having contact with the protected party. It's separate from a criminal stalking charge — you don't need a conviction, and you don't need to wait for police to act.
ORS 163.732 — The Standard
At Least Two Unwanted Contacts That Caused Reasonable Fear
To qualify for an SPO, the petitioner must show that the respondent made at least two unwanted contacts that caused them — or a member of their household — reasonable fear for their physical safety. A single incident, or contacts a reasonable person wouldn't find alarming, typically don't meet the standard.
Following or watching
Showing up at home, school, workplace; surveillance; lying in wait.
Phone calls, texts, voicemails
Repeated direct contact even when you've asked them to stop.
Emails, social media messages
DMs, comments, friend requests, messages through third parties.
Sending items or appearing in person
Unwanted gifts, packages, or physical presence at locations you frequent.
Electronic surveillance
GPS tracking, monitoring social media, accessing financial or vehicle records (HB 4156).
Tampering with records
Vehicle electronics, financial accounts, or other data without permission.
Stage 1
Temporary Order (Ex Parte)
A judge reviews the petition without the respondent present. If the petition meets the standard, the judge issues a temporary SPO that takes effect the moment it's served. Contact restrictions begin immediately.
Stage 2
The Hearing (General Judgment)
Both parties appear before the judge. Petitioner presents evidence; respondent can challenge it. If the judge finds the standard has been met, the order becomes a permanent General Judgment with no expiration date.
Filing Cost
Free. No court filing fee.
Enforcement
Violation = criminal offense. Arrest, jail, fines, or probation.
For Petitioners
Getting a Stalking Order in Oregon: What Actually Matters at the Hearing
Filing the petition is the easy part — forms are free on the Oregon Judicial Department website, and you can file pro se in your county circuit court. Many people obtain a temporary order without issue.
The hearing is where things get complicated.
Judges Don't Just Approve Temporary Orders. They Evaluate Evidence.
At the General Judgment hearing, the respondent has the right to appear, present evidence, and challenge whether what happened meets the legal standard. If the petitioner's documentation is incomplete, testimony is inconsistent, or the respondent makes a credible challenge, the order can be dismissed.
A dismissed stalking order doesn't just mean losing protection. It means the respondent now knows the standard — and can behave precisely up to that line going forward.
What Documentation Actually Holds Up
A written log of every incident
Date, time, location, what was said or done.
Screenshots of digital contacts
Texts, emails, social media — with timestamps visible.
Witnesses
Anyone who saw contacts occur or who was present at the time.
Police reports
Even when police didn't take action, the report itself creates a record.
Voicemails, videos, photos
Anything that preserves evidence of contacts in real time.
Acknowledgment messages
Anything where the respondent acknowledges the contact or your discomfort.
Honest Take
Most Straightforward Cases Don't Need a Lawyer
A clear pattern, solid documentation, no ongoing relationship — David will tell you directly if your case is one of them. Representation matters most when:
- 1The respondent is someone you know — a former partner, coworker, or neighbor — and will show up to contest with their own version of events.
- 2The contact pattern is digital, or the respondent claims contacts were unintentional.
- 3You have a parallel family law case, custody dispute, or employment relationship that makes the hearing more complex.
- 4You're concerned about your credibility being challenged at the hearing.
- 5You've already had a prior order dismissed and need to come back with a stronger case.
For Respondents
You've Been Served a Stalking Order. Here's What You Need to Know Before Your Hearing.
That hearing is your one opportunity to prevent the order from becoming permanent. After the hearing, if a General Judgment is issued, it stays on your record indefinitely — until you petition the court to terminate it, which is a separate and more difficult process.
The Standard at the Hearing
Preponderance of the Evidence — "More Likely Than Not"
That's a lower standard than criminal court. But "more likely than not" still requires actual evidence of at least two qualifying contacts that caused reasonable fear. Not every unwanted interaction meets this standard.
Common Grounds to Contest
When the Standard Hasn't Been Met
- 1The alleged contacts were isolated or didn't form a pattern of two qualifying incidents.
- 2The contacts were not of a nature that a reasonable person would find alarming.
- 3The petitioner's claimed fear was not objectively reasonable given the actual conduct.
- 4The documentation presented doesn't accurately represent what occurred.
- 5The contacts involved protected activity (such as lawful presence in public places).
What's at Stake
What a Permanent Order Means for Your Record
Background checks
Appears on civil background checks used by employers, landlords, and licensing boards.
Firearm rights
May prohibit firearm possession under both Oregon and federal law, depending on the order's specific terms.
Family law proceedings
Can be introduced as evidence in custody disputes, divorce proceedings, and child welfare cases.
Professional licensing
Healthcare, law, education, and other licensed professions may require disclosure of civil protective orders.
The hearing is a real court proceeding — both parties testify, evidence is presented, and the judge decides. David reviews the specific petition filed against you, evaluates whether the alleged contacts meet the legal standard, and helps you understand what evidence and testimony will matter. He doesn't promise outcomes — he prepares clients to make the strongest possible case on the facts that exist.
For Respondents Only
Stalking Orders and Firearm Rights: What Oregon Law Says
If you're a respondent, the firearm rights question is one of the first things to sort out — and one of the most frequently misunderstood.
Oregon Law
ORS 166.255
Prohibits a person subject to a restraining or stalking protective order from possessing firearms if the order includes specific conditions related to physical harm. The exact terms of the individual order determine whether the prohibition applies.
Federal Law
18 U.S.C. § 922(g)(8)
Creates a separate federal firearm prohibition for persons subject to certain civil protective orders — applying when the order was issued after a hearing with notice and opportunity to be heard and prohibits harassing, stalking, or threatening behavior.
What This Means in Practice
A permanent General Judgment stalking order — issued after the hearing — typically triggers both Oregon and federal firearm prohibitions. A temporary order served before the hearing may or may not trigger the prohibition depending on its specific terms.
If you're a gun owner and you've been served a stalking order, David addresses the firearm rights question in every respondent case review. Understanding what's at risk before the hearing — not after — is critical.
Learn more about Oregon Firearm Rights RestorationHow David Works
What Working With David Wallace Looks Like
David approaches stalking order matters with the same factual precision he brings to every rights case. A few things that shape how he works:
He reads the petition.
Before advising a respondent on whether to contest, David reviews the actual petition that was filed — the specific incidents alleged, the language used, the evidence attached. Whether the contacts described meet the ORS 163.732 standard is a legal question that depends on the actual record, not a general impression.
He prepares victims for the hearing.
For petitioners, David reviews their documentation before the hearing, identifies gaps the respondent could exploit, and helps clients understand what testimony will matter to the judge. He doesn't just show up — he prepares.
He tells you when you don't need him.
If your case is straightforward and your documentation is solid, David will say so. He won't take a fee for a case that doesn't require representation. The cases that need a lawyer are the ones with complications — contested facts, a respondent who plans to fight, collateral consequences that make the outcome high-stakes.
He covers both sides.
Because he understands both petitioner and respondent positions in the same proceeding, he can identify where the opposing party's case is strong and where it's weak — on either side of the table.
FAQ
Frequently Asked Questions About Oregon Stalking Orders
Under ORS 163.732, a Stalking Protective Order requires at least two unwanted contacts by the respondent that caused the petitioner reasonable fear for their physical safety. The contacts must be objectively alarming — a single incident or contacts a reasonable person wouldn't find alarming typically don't meet the standard.
A temporary stalking order lasts until the General Judgment hearing. If the judge issues a permanent order at the hearing, it has no expiration date and remains in effect indefinitely unless the court dismisses it upon petition.
No. There is no filing fee for a Stalking Protective Order in Oregon. Free forms are available on the Oregon Judicial Department website, and court self-help centers can assist with form completion.
A stalking order (SPO) under ORS 163.730 can be obtained against any person and requires a pattern of repeated alarming contact. A FAPA restraining order covers domestic violence between family or household members. A stalking order does not require physical violence — only a pattern of unwanted contact causing reasonable fear.
Potentially yes. Under ORS 166.255 and 18 U.S.C. § 922(g)(8), a permanent stalking order issued after a hearing may prohibit the respondent from possessing firearms. The specific terms of the order and whether it meets federal criteria determine whether the prohibition applies.
Yes. After a temporary order is served, the respondent receives a hearing date. At the hearing, the respondent can present evidence and challenge whether the alleged contacts meet the legal standard under ORS 163.732. An attorney can represent the respondent at this hearing. Once a permanent order (General Judgment) is issued, contesting it requires a separate petition to the court.
Yes. Oregon's stalking law was updated by HB 4156 to explicitly cover electronic stalking, including tracking via social media, electronic devices, GPS, and tampering with vehicle electronics or personal financial records. Electronic contacts count toward the two-incident threshold when they cause reasonable fear.
Don't Wait
Stalking Order Hearings Move Fast. Let's Talk Before Yours.
Temporary orders are served without warning. Hearing dates are set quickly. Whether you need protection or you've been served, you have a limited window to prepare before the outcome is decided.
David offers a direct consultation: he reviews the specific petition or situation, tells you what the hearing will require, and gives you an honest assessment before you commit to anything.
Wallace Law Firm, PC · Portland, Oregon · (503) 208-2950
Serving Multnomah, Washington, Clackamas counties and surrounding Oregon communities.