Weatherly v. Wilkie

Respondent appeals from a judgment granting petitioner’s request for a permanent stalking protective order (SPO). The sole issue on appeal is whether the evidence is sufficient to support the order. On de novo review of the facts (ORS 19.415(3); Hanzo v. deParrie, 152 Or App 525, 537, 953 P2d 1130, rev den 328 Or 418 (1998)), we reverse.

The controlling legal principles are not disputed. Briefly summarized, and as applicable to this case, the civil stalking statute authorizes a court to issue an SPO against someone who intentionally, knowingly or recklessly makes “repeated and unwanted…