- Court: Oregon Court of Appeals
- Area(s) of Law: Family Law
- Date Filed: 12-16-2020
- Case #: A166273
- Judge(s)/Court Below: Money, J. for the Court; DeVore, P.J.; & DeHoog, J.
- Full Text Opinion
Husband and Wife were a separated married couple. Alleging abuse, Wife filed a petition for a protective order from Husband. ORS 107.710. The trial court granted the petition over Husband’s objection. In this remanded appeal, Husband argued that there is insufficient evidence to support a finding that he is a “credible threat” to Wife’s safety because the parties are separated; and he has not had any contact with Wife, except mutual supervised encounters. Wife argued that Husband's abusive history, hostile manner to her, and past threats create a “credible threat.” "The court’s task... [in protective order cases is]... to determine whether respondent continued to be a credible threat to petitioner’s physical safety and whether she was in imminent danger of further abuse from respondent. At its core, that task required the court to forecast the future by evaluating past conduct and discerning the likelihood that abuse would occur again: a calculation