Swarringim v. Olson

Respondents appeal stalking protective orders (SPOs) entered against them pursuant to ORS 30.866, prohibiting them from having contact with petitioner or her family. Respondents argue that the evidence is insufficient to warrant the issuance of the orders. On de novo review, Osborne v. Fadden, 225 Or App 431, 433, 201 P3d 278, rev den, 346 Or 213 (2009); Hanzo v. deParrie, 152 Or App 525, 536-37, 953 P2d 1130 (1998), rev den, 328 Or 418 (1999), we agree with respondents and reverse.

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