Huber v. Landolt

Respondent appeals a judgment imposing a stalking protective order (SPO) against him pursuant to ORS 30.866. He contends that the evidence was insufficient to support the entry of that SPO. We agree and, therefore, reverse.1

To establish that an SPO should issue under ORS 30.866, petitioner had the burden to prove, by a preponderance of the evidence, that each of the requirements of that statute were met. Ragsdale v. Fleming, 265 Or App 342, 348, 336 P3d 534 (2014).2 The statutory requirements may be summarized as follows.

“First, a respondent’s conduct must meet the statutory definition…