Miller v. Leighty

Respondent in a stalking protective order (SPO) proceeding appeals, challenging the issuance of a permanent SPO. ORS 163.738(2)(a)(B). He argues, inter alia, that the trial court impermissibly precluded him from presenting evidence in opposition to the issuance of the permanent SPO. We agree and, consequently, reverse and remand for further proceedings.

In November 1997, petitioner applied for and obtained a temporary SPO against respondent. Following a hearing on December 19, 1997, that temporary order was renewed and extended to January 16, 1998. The court subsequently extended the temporary…