A.J.T v. Croft

Following a contested hearing, under the FAPA, the record must include evidence (1) of past abuse committed by the respondent (within 180 days of filing), (2) that the petitioner reasonably fears for her physical safety, and (3) that the respondent represents a credible threat to the petitioner’s safety or the safety of her child. ORS 107.716(3).

Respondent appealed the trial court’s order issued under the Family Abuse Prevention Act (FAPA). Respondent assigned error to the trial court’s denial of his motion to dismiss the court’s continuation of the FAPA order. Respondent argued that there was not enough evidence to show that he posed a threat to Petitioner’s physical safety. Following a contested hearing, under the FAPA, the record must include evidence (1) of past abuse committed by the respondent (within 180 days of filing), (2) that the petitioner reasonably fears for her physical safety, and (3) that the respondent represents a credible threat to the petitioner’s safety or the safety of her child. ORS 107.716(3). The Court held that this was a relationship with a clear beginning and end. While Respondent was unhappy, the relationship ended and he expressed his unhappiness through text messages, although, there were no threats or additional future contact with Petitioner. Because there was a lack of evidence to show that Respondent was a credible threat to Petitioner’s safety, the trial court erred in continuing the FAPA. Reversed.