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Can a stalking order be droped/ modifyed or removed?

Grants Pass, OR |

the petitioner of the stalking order called my home, i did not talk to them. there is already a restraning order, but there is a child in the middle of this. divorce is in the process.

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Attorney answers 3

Posted

Yes, but you would need to go through the courts to make it happen and would strongly suggest that involve your current family law attorney or hire one asap to protect your rights in these matters. If the "petitioner of the stalking order" is contacting you, you should keep very clear and fact-based records of each of these contacts - date, time, nature of contact, how long it lasted, what happened, etc. so that if it comes up later you are relying on thorough notes rather than an oft times faulty memory.

You could contact the legal aid services organization or state bar association for referrals to attorney who could help you with these matters.

Center for Non-Profit Legal Services

(A legal aid program sponsored by the Jackson County Bar Association)

225 W. Main Street (P.O. Box 1586)

Medford, OR 97501

(541) 779-7291

www.cnpls.org

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

Posted

Great job not talking to the petitioner when s/he called! The order may be modified or removed by a judge, not by agreement of the parties. As someone else mentioned, if you have a lawyer for the divorce piece, see if they can help you with the stalking order. If you don't have a lawyer, now is a great time to get one. Good luck!

Posted

A stalking order can be dismissed and sometimes (if the parties feel safe) it can be helpful to do so during the custody/divorce process. Your divorce attorney should be able to help you with that, as well as assess whether it could be beneficial to your overarching case.

My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.

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