C.M.V. v. Ackley

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Law
  • Date Filed: 03-05-2014
  • Case #: A153377
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Sercombe, J.; Hadlock, J.
  • Full Text Opinion

In order for a FAPA restraining order to be upheld, a party seeking to maintain the order must make a showing, with evidence, that conduct of the other presented imminent danger of further abuse and a credible threat to physical safety.

Ackley appeals a trial court decision continuing a FAPA restraining order obtained by his former girlfriend, cohabitant, and coworker, C.M.V. C.M.V. pointed to an argument the two had in a car, where Ackley slammed his hands on the steering wheel, got out and started yelling at her. C.M.V. went inside the home they shared and C.M.V. refused to unlock the door. This led Ackley to break down the door. Additional situations involved verbal berating and one known physical altercation. After ending their relationship, ending their cohabitation, and being separated at the workplace, C.M.V. claims to have continued fearing for her safety. Ackley argued that there was insufficient evidence to establish that C.M.V. was in imminent danger of further abuse and that he posed an actual threat to her physical safety. The Court determined that the parties had a “tumultuous” relationship and that there were “volatile episodes” during their time together. This volatility, though, ended upon the end of their relationship and cohabitation. Therefore, the Court held that Respondent’s conduct did not provide sufficient evidence to uphold a FAPA restraining order. Reversed.

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