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Oregon Supreme Court, June 18, 2020

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by: Rankin Johnson • June 18, 2020 • no comments

 

Summarized by Rankin Johnson, OCDLA

STALKING AND PROTECTIVE ORDERS - Sufficiency

Threats and violence from the time that petitioner and respondent lived together tended to show that, after separation, respondent still posed a threat to petitioner. Court of Appeals reversed, remanded to Court of Appeals for further proceedings.

Although the parties had separated by the time of the hearing, respondent left erratic telephone messages and was angry and hostile when meeting in person. The Supreme Court held that the record was sufficient to support the trial court's finding that petitioner was in "imminent danger of further abuse," but that the Court of Appeals had not resolved whether "respondent represented a credible threat to petitioner's physical safety," and so a remand was necessary.

M.A.B. v. Buell 366 Or 553 (June 18, 2020) (Nelson) (Washington County, Thompson)