Johnson v. McNamara

Petitioner obtained a stalking protective order (SPO) against respondent. Respondent appeals, arguing that the record does not contain facts or supporting inferences that meet the statutory requirements for such an order. On de novo review, Osborne v. Fadden, 225 Or App 431, 433, 201 P3d 278, rev den, 346 Or 213 (2009), we agree. Accordingly, we reverse.

The legal standards governing the issuance of an SPO are well settled. We recently summarized them as follows:

“To obtain an SPO against a person under ORS 30.866(1), a petitioner must demonstrate by a preponderance of the evidence that

“ ‘(a)…