DELGADO v. SOUDERS

(95-10330; CA A92188; SC S44163).

46 P.3d 729 (2002)

334 Or. 122

Joy DELGADO, Respondent on Review, and State of Oregon, Respondent on Review, v. Robert Hunter SOUDERS, Petitioner on Review.

Supreme Court of Oregon.

Decided May 16, 2002.


Attorney(s) appearing for the Case

Chris W. Dunfield, Corvallis, argued the cause and filed the brief and additional authorities for petitioner on review.

Richard L. Wehmeyer, Corvallis, argued the cause for respondent on review Delgado.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent on review State of Oregon. With him on the briefs and additional authorities were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.


CARSON, C.J.

This case involves ORS 30.866, set out post, the civil anti-stalking statute. The trial court entered a stalking protective order (SPO) under that statute, prohibiting defendant from knowingly following plaintiff, knowingly being in plaintiff's presence or within 100 feet of her residence, and from entering certain property. Defendant appealed, raising various constitutional challenges to ORS 30.866 and...

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