- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 04-21-2021
- Case #: A173777
- Judge(s)/Court Below: Aoyagi, J. for the Court; Armstrong, P.J, & Tookey, J.
- Full Text Opinion
Respondent appealed a continuation of a Family Abuse Prevention Act (FAPA) restraining order. Respondent argued that the evidence was legally insufficient to establish imminent danger of further abuse to Petitioner nor was it enough to show that he posed a credible threat to Petitioner's physical safety. Petitioner provided evidence of Respondent's past physical violence towards her, his express threat of physical violence, and his repeated expressions of hostility. A FAPA restraining order is available upon a showing that (1) the Petitioner has been the victim of abuse committed by the Respondent within the 180 days preceding the filing of the petition, (2) there is an imminent danger of further abuse to the Petitioner, and (3) the Respondent represents a credible threat to the physical safety of the Petitioner or the Petitioner’s child. ORS 107.718(1). The Court found that his act of kicking and beating on Petitioner's door would "put a reasonable person in fear of imminent bodily injury." The Court determined that the evidence was legally sufficient to establish that Respondent, at least recklessly (if not knowingly or intentionally), placed Petitioner in fear of imminent bodily injury, that there was an imminent danger of further abuse to Petitioner, and that Respondent posed a credible threat to her physical safety. Affirmed.