by Shaanth Nanguneri, Oregon Capital Chronicle
March 23, 2026
The Oregon Court of Appeals has allowed a Lane County woman to seek a stalking protective order against a roommate who allegedly sexually abused and assaulted her, undoing a lower court’s suggestion that their proximity could stop her from obtaining one.
In a decision last week, Chief Judge Erin C. Lagesen found that the woman, identified in the ruling as “L. N. E. J.,” was entitled to a court hearing determining whether she had sufficient evidence for a protective order barring contact with the individual. The appeals court reversed a decision by Circuit Court Judge Bradley A. Cascagnette, who had denied her petition and raised concerns that allowing such an order could open the gates to excessive claims from roommates who fight with one another.
“We appreciate the trial court’s concern that allowing a petitioner to obtain an SPO against a housemate with whom they have agreed to share a residence could result in housemates bringing their conflicts before the court,” Lagesen wrote on behalf of a three-judge panel. “But that is not a concern that permits a court to deny an SPO to a person who otherwise demonstrates the requisite number of qualifying contacts.”
Oregon law has long empowered people to seek stalking protective orders, which prevent a person from contacting an individual and members of their household or immediate family. To do so, a petitioner must prove an individual intentionally, knowingly or recklessly engaged in repeated and unwanted contact, and that such contact has caused reasonable concern for their personal safety.
It must also be “objectively reasonable” for a person in their situation to have been alarmed or coerced by the contact. An Oregon court could find probable cause and issue a temporary stalking protective order. That could turn into a permanent one if the respondent has the opportunity to appear and challenge the claims in court.
In the Lane County case, the woman had a long list of complaints about her roommate’s conduct, spurring her to file a petition for a stalking protection order in December 2024. According to the ruling, the woman had alleged that her roommate had touched her inappropriately and stared at her in a “sexually predatory way.”
In October 2024, she said that he was intoxicated and threw her on a sofa, groping her breasts and crotch and warning her she would “have problems” if she reported the incident to authorities. She further alleged that he tried to open her locked bedroom door several times in one night. The ruling notes that he was arrested and charged with first-degree sexual abuse and fourth-degree assault after she reported his conduct to police.
“Petitioner asserted that respondent knew or should have known that the contact was unwanted because she had told him not to touch her, kept her bedroom door locked so he could not come into her room, and did not consent to ‘any touching or sexual contact of any kind,’” Lagesen wrote. “Finally, petitioner alleged that those contacts, as well as threats made by third parties on respondent’s behalf, caused her to be afraid for her physical safety.”
In a brief statement posted on social media, an attorney representing the woman who sought the stalking order celebrated the outcome.
“This was a very satisfying win for my client and survivors of violence,” wrote Sarah Mader, an attorney at the Oregon Law Center. “The Oregon Court of Appeals found that roommates are not prohibited from getting stalking orders when they otherwise qualify for such an order.”
Lino Lopez Lugo, who is named in the case as the respondent, could not be immediately reached for comment. Lugo did not appear at the trial court’s proceedings or have legal representation file arguments on his behalf at the Oregon Court of Appeals, according to the ruling. A June 2025 affidavit from a Lane County prosecutor in his criminal case shows that federal authorities deported him to Mexico last year.
The stalking order case’s filings are public records, though they are not available online through the Oregon court system due to the Violence Against Women Act.
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