- Court: Oregon Court of Appeals
- Area(s) of Law: Family Law
- Date Filed: 02-10-2021
- Case #: A172266
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Tookey, J.; & Aoyagi, J.
- Full Text Opinion
In 2015, the circuit court entered a restraining order against Husband, after finding that he sexually assaulted and threatened murder against Wife. Husband requested a hearing, where the court modified its order to permit “parenting time” with their children. In 2016, 2017, and 2018, the order was renewed. In 2019, the court granted renewal again. On appeal, Husband argued that he no longer represents a “credible threat.” Wife argued that, despite no contact, Husband continued to represent a “credible threat” because he still expressed anger about her to mutual friends. Courts may renew restraining orders only if the petitioner remains in reasonable fear of further abuse. ORS 107.710. Courts examine the reasonableness of a purported fear on the totality of the evidence. Here, the Court found that the evidence did not show Wife’s fear of Husband was reasonable because no evidence supported any harm coming to Wife during their “parenting times” or any threat being made against Wife since 2015. Therefore, the Court held that circuit court erred by renewing the order. Reversed.