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[Domestic Violence issues]

http://www.oregonlive.com/sports/index.ssf/2015/02/kurt_busch_suspended_by_nascar.html


New SPO case:

A.M.M. v. Hoeffer
Date Filed: 02-19-2015
Case #: A154043
Nakamoto, J. for the Court; Armstrong, P.J.; & Egan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A154043.pdf

CIVIL STALKING PROTECTIVE ORDER: To meet the burden of proof for a permanent stalking protective order (SPO),a petitioner must tie their fear and alarm to an apprehension regarding personal safety.

Respondent appealed a judgment imposing a permanent stalking protective order (SPO) under ORS 30.866.  After petitioner and Hoeffer stopped dating, Hoeffer engaged in multiple forms of unwanted contact with the petitioner including in-person contact where he called her derogatory names, leaving items at her house, sending her emails, and creating fake Facebook accounts to gain info from her friends. Petitioner filed for an SPO, and the court granted her a temporary SPO. At the hearing for the permanent SPO, Hoeffer argued that evidence is insufficient to support an SPO because his contacts did not contain a "threat" as defined in ORS 30.866. The trial court held that petitioner met the burden of proof that his unwanted contact represents a threat. Hoeffer appealed, and the Court of Appeals reversed the trial court's decision. The court said that the verbal communications did not qualify as contacts because they did not include imminent threats. As for the other contacts, Petitioner did not tie her fear and alarm to apprehension regarding personal safety  so the court had no basis to assess whether apprehension was objectively reasonable.

**The Petitioner/Respondent did not submit an argument before the COA, only Respondent/Appellant had an attorney and appeared before the court.

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