Lomax v. Carr

This appeal from the issuance of a permanent stalking protective order (SPO) presents two issues. First, is a stalking complaint in the form specified by statute adequate to initiate a proceeding to obtain an SPO? Second, if so, is a complaint in that form adequate to dispense with a trial? We answer the first question yes and the second question no. We reverse and remand.

The pertinent facts are procedural. Plaintiff filed a complaint for an SPO in the form specified by ORS 163.744(2). Respondent, who was represented by counsel, filed pretrial motions testing the adequacy of the complaint…