K.L.D. v. Daley

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Abuse Prevention Act
  • Date Filed: 08-31-2016
  • Case #: A160411
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Tookey, J.; & DeHoog, J.
  • Full Text Opinion

Under ORS 107.718(1), “a FAPA restraining order will be upheld only if the evidence established that the alleged conduct create[d] an imminent danger of further abuse and a credible threat to the physical safety of the petitioner.”

Daley appealed an order continuing a Family Abuse Prevention Act (FAPA) restraining order Petitioner obtained against him. He argued that Petitioner failed to provide evidence satisfying the requirements of ORS 107.718(1). Under ORS 107.705(1), “attempting to cause bodily injury” or “intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury” can constitute abuse. Under ORS 107.718(1), “a FAPA restraining order will be upheld only if the evidence established that the alleged conduct create[d] an imminent danger of further abuse and a credible threat to the physical safety of the petitioner.” Hannemann v. Anderson, 251 Or. App. 207, 213 (2012). The Court held that the evidence in the record was insufficient to find that there was an “imminent danger of further abuse” or that Daley threatened Petitioner’s “physical safety.” Reversed.

Advanced Search