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N.J.R. v. Kore

Summarized by: 

Date Filed: 05-08-2013
Case #: A150433
Egan, J. for the Court; Armstrong, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A150433.pdf

Family Abuse Prevention Act: The Court of Appeals lacks jurisdiction to hear an appeal of a dismissal of a FAPA violation when no substantial right has been affected. An SPO may only be given if requested as a remedy in civil action, or when a person complains to a law enforcement officer and that officer gives a citation with specific notice, not sua sponte.

Kore appealed a circuit court order dismissing a temporary restraining order against her under the Family Abuse Prevention Act (FAPA). Kore also appealed a decision by the circuit court to impose a permanent stalking protective order against her. N.J.R. was granted a temporary restraining order under FAPA. In a hearing to determine whether the order should be extended, the circuit court concluded that N.J.R. did not meet her burden and dismissed. The circuit court then entered a judgment in an entirely new case, imposing a permanent stalking protective order (SPO) against Kore. The Court of Appeals dismissed Kore’s first appeal because a dismissal may only be appealed when a substantial right has been affected and when the court effectively dismissed the case to prevent a judgment. Neither of these was shown, so the Court of Appeals lacked jurisdiction over this case. Regarding the second appeal, the Court of Appeals reversed, holding that an SPO may only be a remedy when (1) it is sought as a remedy in civil action or (2) when a complaint is presented to a law enforcement officer and that officer serves a citation containing specific notice requirements. The case took neither of these paths, and N.J.R. never requested an SPO. A circuit court does not have the authority to impose an SPO on its own, nor create a new case without warning either party. In A150433, appeal dismissed. In A150434, reversed.