[DV_listserv] Civil stalking order case

[Domestic Violence issues]

V.L.M. v. Miley

Date Filed: 08-13-2014
Case #: A154196
Lagesen, J. for the Court; Duncan, P.J.; & Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A154196.pdf

CIVIL STALKING PROTECTIVE ORDER: A stalking protective order must be supported by evidence that contacts caused a subjective fear for personal safety and that such a fear was objectively reasonable.

V.L.M. appealed a judgment entering a permanent stalking protective order against him. The Court agreed with V.L.M., citing that there was "simply no evidence" that V.L.M.'s contact with Miley caused a subjective fear for personal safety, nor whether such a fear was objectively reasonable. Despite several instances of written contact and one instance of in-person contact which could have been upsetting, there was no evidence that this caused Miley to fear for her personal safety, or that such a belief would have been reasonable. Reversed.

[Summarized by: Steven Mastanduno]


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