August 11, 2011

New Case Law – Definition of Abuse under Family Abuse Prevention Act

On August 10, 2011, the Oregon Court of Appeals decided Sacomano v. Burns.

The Court of Appeals reversed the trial court’s decision to continue a restraining order after a hearing. The court found that, although the respondent had sent the petitioner harassing text messages, and had threatened to expose damaging information about her to the public, he had not placed her in fear of imminent bodily injury, which is the standard under the Family Abuse Prevention Act.

 The entire opinion can be found here: