J.V.-B. v. Burns

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Abuse Prevention Act
  • Date Filed: 03-15-2017
  • Case #: A160118
  • Judge(s)/Court Below: Garrett, J. for the Court; Duncan, P.J.; & DeVore, J.
  • Full Text Opinion

Under FAPA, an order continuing a restraining order must be supported by legally sufficient evidence that the subject of the order presented a "credible threat" to the physical safety of the protected person(s).

Husband appealed trial court's order to continue FAPA restraining order against him by Wife. Husband argued that the trial court's decision was not supported by legally sufficient evidence to meet the necessary threshold: that he was a "credible threat" to Wife's physical safety. The Court found that the trial court based its decision primarily on Wife and daughter's subjective fear of Husband, and that since the time that Husband and Wife stopped living together, there was no evidence regarding abuse or concerns of abuse. The Court held this to be insufficient evidence that Husband presented a "credible threat" to Wife. Reversed.

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