G. M. P. v. Patton

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 06-08-2016
  • Case #: A158149
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, C.J.

To obtain a restraining order under ORS 107.718(1), a petitioner must prove by a preponderance of the evidence that: (1) the respondent abused the petitioner within 180 days preceding the filing of the petition; (2) there is an imminent danger of further abuse to petitioner; and (3) the respondent represents a credible threat to the physical safety of petitioner.

Respondent appealed an order that continued a restraining order against him. He argued that Petitioner failed to present any evidence to prove that Petitioner had suffered abuse, was in imminent danger of further abuse, or that Respondent presented a credible threat to Petitioner’s safety to support the continuation of the restraining order. The Court reviewed the record to determine whether any evidence established the requisites for the issuance of the FAPA restraining order by the trial court. The Court concluded that the only evidence of Respondent’s aggressive or threatening behavior was on the day the argument occurred. There was no evidence that the behavior occurred prior to, or continued past, the isolated incident. Nor was there any evidence that Respondent actually carried out any of the threats. The Court held that the trial court erred in continuing the restraining order. Reversed.

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