[DV_listserv] New FAPA case

[Domestic Violence issues]

New FAPA case:

http://www.publications.ojd.state.or.us/A145759.pdf

Willamette Law summary:

(9) Maffey v. Muchka

Decided: 7/13/2011

Case No.: A145759

Duncan, J., for the Court; Haselton, P.J.; & Armstrong, J.

http://www.publications.ojd.state.or.us/A145759.pdf

FAMILY LAW - Under ORS 107.105, a person can commit "abuse" without

causing bodily harm because evidence of a person's past pattern of abusive

behavior that is likely to be repeated in the near future is sufficient

support for issuing a Family Abuse Prevention Act restraining order.

Respondent appeals the continuation of a restraining order under the

Family Abuse Prevention Act (FAPA), claiming petitioner failed to present

sufficient evidence. Petitioner and respondent have a child together and

have been in a relationship for approximately 18 months. Petitioner

presented evidence of respondents violent behavior on at least two

occasions, while admitting that petitioner had never actually caused her

bodily harm. Petitioner also presented evidence that respondent had

violated the temporary restraining order issued by the court while

awaiting a hearing to determine if the restraining order should be

continued. The court reviewed "legal conclusions for error of law, but

are bound by [the trial court's] factual findings if there is any evidence

in the record to support them." See ORS 19.415(3)(b); ORAP 5.40(8)(c).

"The evidence of respondent's past and continuing behavior toward

petitioner was sufficient to establish that petitioner was in imminent

danger of further abuse." Affirmed.

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