STALKING ORDER 226 PAGE 1 of 5 (Stalking 8/2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF In the Matter of : ) Case No. ) ) TEMPORARY STALKING ) PROTECTIVE ORDER , ) Petitioner, ) FINAL STALKING PROTECTIVE Guardian Ad Litem ) ORDER AND JUDGMENT and ) ) ORDER OF CONTINUANCE ) , ) JUDGMENT OF DISMISSAL Respondent. ) This matter came before this Court on / / (date) for hearing on issuance of a: Temporary Stalking Protective Order Final Stalking Protective Order and Judgment. PETITIONER: Appeared in person Did not appear With attorney RESPONDENT: Appeared in person Did not appear With attorney The court considered the allegations made in the Petition and other evidence offered and FINDS: (For Temporary Order) probable cause that: (For Final Order and Judgment) by a preponderance of the evidence that: 1. Respondent has engaged intentionally, knowingly, or recklessly in repeated and unwanted contact with the Petitioner or a member of the Petitioner222s immediate family or household, and it was reasonable for Petitioner to be alarmed or coerced by this contact. 2. Respondent knew or should have known that the repeated contact was unwanted. 3. It is objectively reasonable for a person in Petitioner222s situation to have been alarmed or coerced by Respondent222s contact. 4. Respondent222s repeated and unwanted contact caused the Petitioner reasonable apprehension regarding the Petitioner222s own personal safety or the safety of a member of his/her immediate family or household. 5. Respondent represents a credible threat to the physical safety of Petitioner or Petitioner222s or Respondent222s child/ren. 6. The unwanted contact occurred within two years of the filing of this action. American LegalNet, Inc. www.FormsWorkFlow.com STALKING ORDER - PAGE 2 of 5 (Stalking 8/2016) 7. If applicable: Any unwanted contact that was purely communicative in nature was perceived by Petitioner as a credible threat of imminent serious personal violence or physical harm to Petitioner or to a member of his/her family, and it was reasonable to believe that such threat was likely to be followed by unlawful acts. IT IS HEREBY ORDERED that: Temporary Stalking Protective Order Final Stalking Protective Order and Judgment 8. Respondent shall stop stalking Petitioner or member of Petitioner222s immediate family or household members and shall stop all contact and avoid all contact with Petitioner or members of Petitioner222s immediate family or household. Contact includes but is not limited to: A. Coming into the visual or physical presence of the other person; B. Following the other person; C. Waiting outside the home, property, place of work or school of the other person or of a member of that person's immediate family or household and being at the following places: D. Sending or making written or electronic communications in any form to the other person; E. Speaking with the other person by any means; F. Communicating with the other person, including through a third person; G. Committing a crime against the other person; H. Communicating with a third person who has some relationship to the other person with the intent of affecting the third person's relationship with the other person; I. Communicating with business entities with the intent of affecting some right or interest of the other person; J. Damaging the other person's home, property, place of work, or school; or K. Delivering directly or through a third person any object to the home, property, place of work or school of the other person. L. Other: American LegalNet, Inc. www.FormsWorkFlow.com STALKING ORDER - Page 3 of 5 (Stalking 8/2016) IT IS FURTHER ORDERED THAT: 9. Respondent must appear at a hearing on this Temporary Stalking Protective Order on / / (date) and (time) in Room of the County Courthouse to show cause why the Temporary Stalking Protective Order should not be continued for an indefinite period. The Temporary Stalking Protective Order issued on / / (date) shall be enforceable against the Respondent until terminated by the court or until service upon the Respondent of a Final Stalking Order. See attached 223Notice to Respondent and Order to Personally Appear For Hearing.224 10. NO Temporary Stalking Protective Order shall issue, as the Court finds Petitioner has not proven a basis for such order. 11. CONTINUANCE The hearing shall be CONTINUED to / / (date) and (time) in Room of the County Courthouse. The Stalking Protective Order issued on / / (date) shall remain in effect pending this hearing. 12. WARRANT A Warrant for Respondent222s arrest shall issue because Respondent did not appear. Security amount is set at $5,000 / $ . 13. DISMISSAL The Temporary Stalking Protective Order issued on / / (date) shall be terminated and the Petition dismissed, as the Court finds that Petitioner has not proven the basis for this order or Petitioner did not appear. 14. VOLUNTARY DISMISSAL The Temporary Stalking Protective Order issued on (date) shall be terminated and the Petition dismissed, as the Court finds that Petitioner has made such a request voluntarily. 15. FINAL ORDER AND JUDGMENT The court has ordered the continuation of the terms of the restraint detailed above in Paragraph 8. This Order is a Final Judgment and is of unlimited duration unless modified by law or by further order of the court. 16. ATTORNEY FEES Pursuant to ORS 30.866(4)(c), Petitioner is awarded attorneys fees in the amount of $. Other order regarding award of attorneys fees to Petitioner: . An ex parte hea ring on TEMPORARY relief having been held: A hearing on PERMANENT relief having been set for today after notice to the Respondent: American LegalNet, Inc. www.FormsWorkFlow.com STALKING ORDER - Page 4 of 5 (Stalking 8/2016) 17. MENTAL HEALTH EVALUATION Respondent is ordered to undergo a mental health evaluation and, if indicated by the evaluation, treatment. Respondent is without funds to obtain the evaluation or treatment or both. Respondent is referred to (mental health agency): 18. SERVICE: Petitioner Respondent was served in Court with a copy of this Order. 19. DATE OF BIRTH: Respondent222s date of birth is: (See CIF) CERTIFICATES OF COMPLIANCE WITH THE VIOLENCE AGAINST WOMEN ACT 20. FIREARMS NOTIFICATION under 42 USC 2473796gg-(4)(e): As a result of this Order, it may be unlawful for Respondent to possess, receive, ship, transport or purchase a firearm or ammunition pursuant to federal law under 18 USC 247922(g)(8) and state law under ORS 166.250 to 166.270. This Order also may negatively affect Respondent222s ability to serve in the Armed Forces of the United States or to be employed in law enforcement. [OJIN/ODYSSEY Event Code: NOGR] 21. FIREARMS PROHIBITION: This Order (or the original Order that is continued) prohibits Respondent from possessing FIREARMS or AMMUNITION and it is unlawful for Respondent to do so under state law. [OJIN Event Code: FQOR] 22. FEDERAL & STATE FIREARMS FINDINGS (18 USC 922(g)(8) (223BRADY224) AND ORS 166.250 to 166.270: This Order may subject Respondent to federal and state prosecution for possession, receipt, shipping, transportation, or purchase of firearms or ammunition while it is in effect. This prohibition would apply whether or not the restraining order contains specific terms prohibiting the possession or purchase of firearms or ammunition. [OJIN/ODYSSEY Event Code: ORBY; LEDS Brady Code: Y] The Court finds: A. Relationship : The person protected by this Order is (check at least one): A spouse or former spouse of Respondent. The parent of Respondent222s child. A person who does or did cohabit (live in a sexually intimate relationship) with Respondent. Respondent222s child. A child of an intimate partner* of Respondent (*intimate partner is spouse/former spouse, cohabitant/former cohabitant, or parent of Respondent222s child). B. Notice and Opportunity to Participate : The Order was issued after a hearing of which Respondent received actual notice and at which Respondent had the opportunity to participate. NOTICE TO RESPONDENT: If you have questions about whether federal or state laws make it illegal for you to possess or purchase a firearm, and/or about whether this Order will a