LOMAX v. CARR

CCV-02-11285; A121038.

95 P.3d 1163 (2004)

194 Or.App. 518

Tracy Lynn LOMAX, Respondent, v. Donald Allen CARR, Appellant.

Court of Appeals of Oregon.

Decided August 11, 2004.


Attorney(s) appearing for the Case

Clint Lonergan, Portland, argued the cause and filed the brief for appellant.

No appearance for respondent Tracy Lynn Lomax.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.


LINDER, J.

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...

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