Oregon Statutes 30.198 – Civil action for intimidation; remedies; attorney fees; liability of parents
(1) Irrespective of any criminal prosecution or the result thereof, any person injured by a violation of ORS § 166.155 or 166.165 shall have a civil action to secure an injunction, damages or other appropriate relief against any person whose actions are unlawful under ORS § 166.155 and 166.165.
Terms Used In Oregon Statutes 30.198
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Upon prevailing in such action, the plaintiff may recover:
(a) Both special and general damages, including damages for emotional distress; and
(b) Punitive damages.
(3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court.
(4) The parent, parents or legal guardian of an unemancipated minor shall be liable for any judgment recovered against such minor under this section, in an amount not to exceed $5,000. [Formerly 30.190; 2019 c.553 § 16]