A. A. v. Cunial

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Stalking Protective Order
  • Date Filed: 12-11-2024
  • Case #: A181961
  • Judge(s)/Court Below: Shorr, P.J.; Powers, J.; & Pagán, J.
  • Full Text Opinion

“[P]rior voluntary contacts do not, as a matter of law, disqualify subsequent contacts from being unwanted or objectively alarming.”

Petitioner appealed a trial court’s dismissal of a stalking protective order under ORS 30.866, arguing that intermittent voluntary contact with a restrained party does not preclude, as a matter of law, “subsequent contacts from qualifying as unwanted and objectively alarming.”

After determining that the contacts at issue were unwanted and objectively alarming, the Court concluded that prior voluntary contacts did not preclude—as a matter of law—those conclusions.

“Vacated and remanded.”

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