Committee hears bill to create civil harassment restraining order; supporters cite gaps in current law

Chair Prozanski opened a public hearing on Senate Bill 389 on Feb. 25 in the Senate Committee on Judiciary. The bill, sponsored in committee by Senator Hayden, would create a civil harassment restraining order and establish procedures, standards and timelines for seeking that protection. Under the proposal, a petitioner would show by a preponderance of the evidence—through a sworn petition—that the respondent engaged in harassment within the past 180 days, describe the nature and dates of the harassment and establish a reasonable apprehension for personal safety.

The bill would rely on statutory definitions already in Oregon law for harassment and would specify court rules for form and service of orders, the respondent’s right to a hearing, judicial review, scope and modification of orders, and procedures for remote appearances if the petitioner fears for their safety. It assigns county sheriffs…