D.A. v. White

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Stalking Protective Order
• Date Filed: 12-05-2012
• Case #: A149377
• Judge(s)/Court Below: Hadlock, J. for the Court; Ortega, P.J.; and Sercombe, J.

Under ORS 163.738, the "official duties" exceptions from ORS 163.755(1)(c), will not apply, effectively barring the use of a work place incident from counting towards the issuance of a stalking protective order, if the Respondent "intended" to intimidate the petitioner with the workplace incident.

Mr. White, Respondent, appealed the trial court's granting of a stalking protective order (SPO) under ORS 163.738. White claimed that the trial court erred in issuing the SPO because both parties were employees at the Drug Enforcement Agency at the time of the incident. Therefore, according to White, the "official duties" section of ORS 163.755(1)(c) should apply and bar the issuance of the SPO. The Court of Appeals held that if White's intent was to "intimidate" D.A. (Petitioner) while at work, the "official duties" section would not apply. Since the trial court found that White did intend to intimidate D.A., they properly held that the official duties section did not apply and the SPO could be issued. Affirmed.

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