[DV_listserv] New FAPA case

[Domestic Violence issues]

FACTS: 

Family Abuse Prevention Act:  Posting a sign at the residence of a
third party does not constitute "interfering" with a person protected
by a FAPA restraining order, and therefore is not covered by a FAPA
order that prohibits an individual from intimidating, molesting,
interfering with or menacing the protected person, or attempting to
intimidate, molest, interfere with or menace that person directly or
through third parties.

Defendant's ex-boyfriend had a FAPA restraining order prohibiting
defendant from entering or attempting to enter the ex-boyfriend's
residence or "intimidating, molesting, interfering with or menacing
[ex-husband], or attempting to intimidate, molest, interfere with or
menace [him] directly or through third parties." Defendant was
convicted of contempt of court for posting a sign at the residence of
her ex-boyfriend's current girlfriend. Defendant appealed, arguing that that the
evidence was legally insufficient to show that she engaged in conduct
prohibited by the FAPA order. The Court of Appeals reasoned that
legislative intent was not to proscribe the type of conduct at issue
in this case, and that "interfering" within the context of FAPA could
not encompass defendant's conduct. As such, the Court ruled that
defendant's conduct did not constitute "interfering" with the
protected person and was not otherwise prohibited by the FAPA order.
Reversed.

(Link Below. I would encourage you to read the full opinion so you can see the nature of the sign that the court felt did not "intimidate, molest, interfere with, or molest"  the protected party). 


http://www.publications.ojd.state.or.us/A143932.pdf

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