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HEMINGWAY v. MAUER

C104430RO; A147428.

270 P.3d 375 (2012)

247 Or. App. 603

Stephanie Kathleen HEMINGWAY, Petitioner-Respondent, and Jason Daniel MAUER, Respondent-Appellant.

Court of Appeals of Oregon.

Decided January 5, 2012.

Attorney(s) appearing for the Case

Gilbert B. Feibleman and Feibleman & Case, P.C., filed the brief for appellant.

No appearance for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

As part of a continuing dissolution proceeding, husband appeals from the trial court's decision to continue a restraining order against him based on the Family Abuse Prevention Act, ORS 107.700 to ORS 107.735 (FAPA). ORS 107.718(10) (allowing hearing to contest ex parte FAPA order). Because husband was denied the opportunity to cross-examine wife's witness, we vacate the order and remand.

Under ORS 107.718(1), a court may issue a FAPA...

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