Free Stalking Order Packet 1 - Oregon

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN ____________________________________________
AS GUARDIAN AD LITEM FOR:

i __________________________________________
First Full Middle P ETITIONER Last

vs.

i __________________________________________
First Full Middle R ESPONDENT (person Last

to be restrained)

) ) ) ) ) ) ) ) ) ) ) )

PETITION FOR STALKING PROTECTIVE ORDER
[ORS 30.866]

Case No:____________________

[In all respects "petitioner" herein is to be read as "guardian ad litem for petitioner" where appropriate] YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT THE COURT MAY DISMISS THE ORDER AND MAY ALSO HOLD YOU IN CONTEMPT OF COURT. If you wish to have your residential address and telephone number withheld from respondent, use a contact address and telephone number so the court and sheriff can reach you. YOU MUST COMPLETE EVERY LINE PRECEDED BY A i I am the petitioner and I state that the following is true: i 1. I am a resident of _____________________ County, state of ________________________. i 2. Respondent is a resident of ____________________ County, state of _________________. i 3. Relationship between respondent and petitioner:__________________________________. Pursuant to ORS 30.866 Petitioner requests the Court to Order the Respondent to cease and refrain from any contact as defined in ORS 163.730 with the petitioner herein.
[To qualify for a stalking protective order the respondent must have knowingly alarmed or coerced petitioner or a member of petitioner's family or household by engaging in repeated and unwanted contact within the last two years. The petitioner must write out the conduct by respondent that constitutes such repeated and unwan ted contact. Note: If the petitioner does not allege facts to support this app lication it may be d enied.]

4. List below any unwanted and repeated contact within the last two years, listing the most recent contact first, followed by the next most recent, etc. For each contact indicate the place and approximate time of day and date of the contact. Explain what it is about the contact that alarms or coerces and who is alarmed or coerced.

i 4(a). Date of Last Incident: i Description of what occurred:

:

i 4(b). Date of Last Incident before the one listed above in 4a: i Description of what occurred:

:

(Note: there must be at least two separate incidents of unwanted contact to meet the statutory requirement)

[In order to issue a stalking protective order the Court must find probable cause to believe that Respondent knew or should have known that his conduct was unwanted.] i 5. Describe below why Respondent knew or should have known that his conduct was unwanted:

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[ ]The petitioner is a minor and moves the Court to appoint a guardian ad litem for the purpose of this proceeding. i ___________________________________________ Signature of Petitioner

i ___________________________________________
Print or Type Name of Petitioner
STATE OF OREGON } } ss. County of Linn } SUBS CRIBED AND S WO RN TO before me this _________ day of ____________________, ______ by ___________________________. __________________________________________ Notary Public for Oregon // Court Clerk My Com mission Expires:_______________________

Petitioner must notify the court of any change of address promptly. All notices of hearings will be sent to the address on this form and this case will be dismissed if you do not appear at scheduled hearings.

Submitted by:

i ________________________________________________________________
Print Name ________________________________________________ Attorney for Petitioner: OSB Number:_________________

i ________________________________________________________________
Address or Contact Address

i ________________________________________________________________
City State Zip

i ________________________________________________________________
Telephone or contact telephone number(s)

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Certificate of Document Preparation i N OTE: Y OU ARE REQUIRED TO COMPLETE THIS CERTIFICATE. C HECK THE BOX THAT APPLIES AND SIGN. [ ]The Court provided this document to me and I completed it without paid assistance. [ ]I paid, or will pay, money to _______________________ for assistance in preparing this document. Dated:______________ ___________________________________________ Petitioner's Signature

Notice to Petitioner: This petition must be completely filled out, signed and acknowledged by a notary public or court clerk before a judge can hear it. If the information in the petition does not meet the statutory requirements for a stalking protective order the Court will deny the petition. If you receive a stalking protective order be sure to appear at all scheduled court appearances or the order will be terminated. You must enforce the order if you receive one, that means that any time and every time the Respondent violates the order in any way you must call the police or the order will have no practical effect. You should understand that an order may not protect you. If you feel you are in immediate danger you should contact the police by dialing 911.

9The Court reviewed this petition and inquired of petitioner in open court under oath and has determined that the
requirements for a stalking order are not met in this case and this petition is denied. Date:________________ _______________________________________ Circuit Judge

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STALKING ORDER INFORMATION IF YOU ARE THE PETITIONER (You obtained the stalking order)... -understand that the order must be served on the respondent and entered into the state-wide computer system before it is enforceable. -call the police if the respondent violates this order. Make a police report. -understand that this stalking order can only be m odified, changed, am ended or dismissed (vacated) by a judge. If you contact the respondent the order does not autom atically become invalid, the respondent is still subject to arrest! You should also understand that if you contact the respondent he may assert that as a defense to the m aintenance of the order or to any charges of stalking brought against him . -if you obtained this order before the respondent had an opportunity to be heard in court (called an ex parte order) the order will last until a hearing is scheduled giving the respondent an opportunity to be heard. -if you obtained this order after the respondent had an opportunity to be heard (called a permanent order) it will last until the court orders otherwise, that is, it will be indefinite. -if you want to change or dismiss the order you must go to Room 107 in the Linn County Courthouse and request this in writing. -if you do not appear at any hearings scheduled the order m ay be dismissed. You must keep the court apprised of your address so you will receive notice of all hearings. IF YOU ARE THE RESPONDENT (The order was served upon you)... -you must obey all of the restrictions in the order even if you disagree with them. -this order does not stop the petitioner from contacting you. YOUR behavior and actions are restrained, not theirs. Even if the petitioner has given you "permission" to contact, call, visit or live with them, you are still subject to arrest! -this order m ay only be modified, am ended or dism issed by a judge. -if you were served a citation by a police officer to appear and show cause or if you were served with a Temporary Ex Parte Order you must appear in court at the time and date listed on the citation or order and show cause why a permanent order should not be issued. THIS GENERAL INFORMATIO N SHEET IS NOT A SUBSTITUTE FOR COMPETENT LEGAL ADVICE. IF YO U DO NO T UNDERSTAND YO UR RIGHTS O R O BLIGATIONS YO U SHO ULD CONSULT AN ATTORNEY.
STALKING PACKET 10-2004.wpd / DRM / REV 10.28.04

CASE NUMB ER: ________________________

RELEVANT DATA

iRESPONDENT ______________________________________ Sex _____ Telephone # _________________
Residence Address ___________________________________________________________________________ City/State/Zip _____________________________________ Co unty ____________________________________ Birth Date ____________________________ Age ______________ Race ______________________________ He ight _______________ W eight ______________ Hair Color _______________ Eye Color ______________

iPET ITION ER (you) _____________________________________ Sex _____ *Telephone # _______________
*Residence Address ___________________________________________________________________________ City/State/Zip ____________________________________ Co unty _____________________________________ Birth Date ____________________________ Age ______________ Race ______________________________ He ight _______________ W eight ______________ Hair Color _______________ Eye Color ______________ *If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone num ber so the court and the sheriff can rea ch you if ne cessary. PLEASE FILL OUT THIS INFORMATION TO AID IN SERVICE OF THE STALKING ORD ER W here is re spondent m ost like ly to be located ?

G G G

Residence Em ployment

Hours __________ Hours __________ Addres s: _____________________________________________ _____________________________________________

Other

Hours __________

Addres s: _____________________________________________ _____________________________________________

Description of vehicle __________________________________________________________________________ Do es re spo nde nt have any weapo ns o r acc ess to weapo ns? EX PLAIN : ___________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Ha s res pon den t ever been arrested for or co nvicte d of a violent c rim e? E XP LAIN: ___________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Is there an ything abou t resp ond ent's c hara cter, p ast beha vior, or the pre sen t situation that indicates that respo nde nt m ay be a dan ger to self or othe rs? EX PLAIN : _______________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________

STALKING ORDER RELEVANT DATA
Linn County Form Page 1 of 1 Stalking Order Relevant Data.wpd Revised 10/04)