Oregon Stalking Orders and Restraining Order Lawyer

Expert Defense and Advocacy for Stalking and Restraining Order Cases in Oregon

Stalking allegations and protective orders can have immediate and lasting consequences, affecting your freedom, reputation, employment, and even your ability to see your children. In Oregon, these orders are issued quickly and often with minimal evidence, making it crucial to take swift legal action to protect your rights. Whether you are facing an unjust stalking order, accused of violating a restraining order, or need to fight back against false allegations, having an experienced defense team is essential.

At the Law Office of Mike Arnold, we provide aggressive, results-driven defense for individuals facing stalking and restraining order proceedings. Our Lane County legal team understands the complexities of Oregon’s protective order laws and how these cases are often used as weapons in high-conflict personal disputes, divorce cases, or custody battles. We know how to challenge weak evidence, expose false claims, and build a strong case for dismissing or modifying these orders.

Our firm has handled high-stakes criminal and civil cases across Oregon. Our founder, Mike Arnold, is a former Eugene city prosecutor who knows how these cases are built and how to dismantle them in court. Whether you need to challenge a stalking or restraining order, defend against criminal charges related to an order, or understand your legal options, we are here to fight for your rights and your future.

The time to act is now. Protective orders can be difficult to reverse once issued, and a violation-even accidental-can result in serious criminal charges. Contact the Law Office of Mike Arnold today for a free intake call or a paid consultation to build a powerful defense.

What Is an Oregon Stalking Protective Order?

An Oregon Stalking Protective Order (SPO) is a court order designed to prevent repeated, unwanted contact that causes a person to feel threatened, intimidated, or alarmed. Governed by ORS 163.730 – 163.750, an SPO can be issued in civil or criminal proceedings and carries serious legal consequences.

Unlike restraining orders, which are typically used in domestic disputes, stalking protective orders can be filed against anyone, including strangers, acquaintances, co-workers, or former friends. The legal standard for issuing an SPO is broad, meaning some people face unjust or exaggerated accusations without sufficient evidence.

Legal Criteria for a Stalking Protective Order in Oregon

To obtain a stalking protective order, the petitioner must prove:

• The accused engaged in at least two or more unwanted contacts with the petitioner.
• The contact caused the petitioner to feel alarmed, intimidated, or threatened.
• A reasonable person in the petitioner’s position would also feel alarmed or threatened.

“Unwanted contact” can include physical presence, following someone, unwanted phone calls, messages, emails, social media interactions, or even third-party communication.

What Happens If an SPO Is Issued?

If the court grants a stalking protective order, the accused may face:

• Criminal charges for violating the order can result in jail time and fines.
• Restrictions on contacting the petitioner in any way, including indirect communication.
• Limits on travel, employment, and living arrangements if they conflict with the order.
• Firearm restrictions or other legal disabilities.

Can a Stalking Protective Order Be Fought or Dismissed?

Yes. Because SPOs do not require criminal charges or proof beyond a reasonable doubt, many are issued based on weak evidence or false allegations.

Our skilled Eugene criminal defense attorneys can:

• Challenge the validity of the contacts that led to the order.
• Expose false accusations or exaggerated claims.
• Cross-examine the petitioner to highlight inconsistencies.
• Argue constitutional violations if free speech or lawful behavior was mischaracterized as “stalking.”

A stalking protective order is more than just a warning-it carries severe legal consequences that can impact your freedom, employment, and reputation. If you’ve been served with an SPO, it is critical to fight back immediately before it becomes permanent.

Contact the Law Office of Mike Arnold today for a free intake call or a paid consultation to build a strong defense against unfair or exaggerated stalking allegations.

Balancing Stalking Orders Against Abuse of the Judicial System

Stalking orders are a vital tool in preventing abuse and protecting persons, particularly women, from contact that reasonably places them in fear for their safety.

These unwanted contacts can include crimes committed by a party, such as assault or physical harassment, following or waiting for a person outside their work, school, or home, or making legitimate threats of serious and imminent personal violence.

To obtain a restraining or stalking protective order, a party can fill out a petition form to be presented before a judge ex parte (without the other party being notified). This allows a safe avenue for a person to obtain a protective order. Unfortunately, this uncontested scenario is ripe for abuse. To get a stalking order, all a person has to do is fill out a form alleging two or more alarming contacts.

Although the petition is signed under penalty of perjury and the respondent is entitled to a hearing, there are immediate consequences to the respondent regardless of the outcome.

First, a court finds probable cause that the respondent is a stalker. Second, collateral consequences often occur with employment. Many employers don’t want to retain an employee who has been found by the court to be a stalker. Third, it immediately affects a person’s right to carry a concealed firearm.

In Lane County, Oregon, and statewide, there is a culture of people who abuse protective orders, using them as a tool to aid in an uncomfortable yet non-threatening breakup (lovesick telephone calls), to get even with a neighbor or a partner’s ex, or to gain advantage in a custody case.

This sort of abuse undermines the legitimate stalking claims. Fortunately, stalking orders and restraining orders are civil litigation cases and you can conduct depositions and use other legal strategies to defend your good name if being falsely accused or prove your case if you have been stalked or abused.

Our Eugene criminal defense law firm founder, Mike Arnold, has tried many stalking order and retraining cases in court and has argued stalking order case law before the Oregon Court of Appeals. Stalking orders require a specific knowledge of the relevant Oregon cases, particularly those involving protected speech (State v. Rangel and its progeny). We can help with your case, starting with an initial phone call to 541-359-4585.

What Should I Do If I’ve Been Served with an SPO in Oregon?

Being served with a Stalking Protective Order (SPO) in Oregon is a serious legal matter that requires immediate action. Even if the allegations are false, exaggerated, or based on a misunderstanding, violating the order can result in criminal charges, fines, and jail time.

Your response in the first few days after receiving an SPO can significantly affect the outcome of your case.

Do Not Violate the Order

• Follow the restrictions carefully-even if you believe the order was wrongly issued.
• Avoid all contact with the petitioner, including direct and indirect communication (calls, texts, emails, social media, or messages through a third party).
• Do not attempt to explain or “fix” the situation-any communication can be used against you.

Review the Order Carefully

• Read the entire document to understand the restrictions and conditions imposed on you.
• Pay close attention to prohibited locations, communication bans, and court hearing dates.
• If you fail to appear at your scheduled hearing, the order may become permanent without hearing your side of the story.

Gather Evidence for Your Defense

• Collect text messages, emails, social media interactions, and phone records that may contradict the allegations.
• Identify witnesses who can testify on your behalf.
• Save any security camera footage, receipts, or GPS records that prove your whereabouts.

Contact an Attorney Immediately

• A skilled defense attorney can help you fight the SPO before it becomes permanent.
• Your lawyer can file motions to challenge weak evidence, cross-examine the petitioner, and present a strong defense.
• If the SPO is tied to a more significant criminal case, your attorney can develop a comprehensive defense strategy to protect your rights.

Attend Your Court Hearing

• Oregon law allows for a contested hearing, where you can challenge the SPO before it becomes permanent.
• Failing to appear could result in a permanent order that indefinitely restricts your rights.
• Your attorney will cross-examine the petitioner, present evidence, and argue for dismissal or modification of the order.

Why Legal Representation Is Critical

A Stalking Protective Order is more than just a legal document-it carries serious long-term consequences that can affect your freedom, employment, and parental rights. The process for obtaining an SPO is often one-sided, meaning a judge may issue a temporary order based only on the petitioner’s claims without hearing your side. That’s why having an aggressive defense attorney is crucial.

Contact Our Dedicated Stalking Protective Order Defense Lawyers in Eugene, Oregon

A Stalking Protective Order can have serious consequences on your freedom, reputation, employment, and personal relationships. If you have been wrongfully accused or face unfair restrictions due to an SPO, you need an experienced, aggressive defense attorney to challenge the order and fight for your rights.

At the Law Office of Mike Arnold, we specialize in high-stakes criminal defense, providing strategic, results-driven representation to those facing protective orders and related criminal charges in Eugene and throughout Oregon.

Time is critical when dealing with a stalking order. Protective orders can be granted quickly, often with little evidence, and once in place, they can be difficult to reverse. A violation—even unintentional—can lead to criminal charges, fines, and even jail time. Our firm knows how to expose false claims, challenge weak evidence, and build a compelling case for dismissal or modification of the order.

Our defense team is available after hours, on weekends, and for urgent defense matters to ensure you receive the immediate legal guidance you need. If you or a loved one is facing a Stalking Protective Order or related charges, don’t wait—the sooner you act, the better your chances of protecting your future.

Call 541-359-4585 to schedule a free intake call or a paid attorney consultation, or contact us online to connect with our trusted Eugene criminal defense lawyers today.