State v. Orton

Defendant appeals his conviction for violating a court-issued stalking protective order (SPO). ORS 163.750 (since amended by Or Laws 1995, ch 353, § 7). We reverse that conviction.

On September 24, 1993, the circuit court issued an SPO pursuant to ORS 163.738(3) (since amended by Or Laws 1995, ch 353, § 4), which provided:

“(3) (a) The circuit court may enter, after personal or telephonic appearance by the petitioner, a court’s stalking protective order if the court finds by a preponderance of the evidence that:

“(A) The person, without legitimate purpose, intentionally, knowingly or recklessly…