State v. McDougal

A trial court's contempt judgment should be reversed and remanded when "the trial court ha[s] applied an incorrect standard in determining that the defendant ha[s] violated a restraining order." State v. Heal, 298 Or App 806, ___ P3d ___ (2019).

Defendant appealed from a judgment of contempt based on an alleged violation of a restraining order under the Family Abuse Prevention Act (FAPA). Defendant assigned error to the trial court's reliance on facts not in evidence. On appeal, Defendant argued a new trial was necessary because the trial court erred when it relied on facts that were not in evidence, or speculated, in its decision. In response, the State agreed reversal was proper, but the State argued since the trial court was the "factfinder" a completely new trial was not needed. A trial court's contempt judgment should be reversed and remanded when "the trial court ha[s] applied an incorrect standard in determining that the defendant ha[s] violated a restraining order." State v. Heal, 298 Or App 806, ___ P3d ___ (2019). The Court determined, due to these particular circumstances, the appropriate remedy was reversal and remand for a new trial.

Reversed and remanded.