M. A. B. v. BUELL

(CC 17PO09823) (SC S066752).

466 P.3d 949 (2020)

366 Or. 553

M. A. B., Petitioner on Review, v. Anthony Nicholis BUELL, Respondent on Review.

Supreme Court of Oregon, En Banc.

June 18, 2020.


Attorney(s) appearing for the Case

Emily Rena-Dozier , Legal Aid Services of Oregon, Portland, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Caleb Mammen , Oregon Law Center, Hillsboro.

George W. Kelly , Eugene, argued the cause and filed the brief for respondent on review.

Kelsey Benedick , Larkins Vacura Kayser LLP, Portland, filed the brief for amicus curiae Oregon Attorney General's Sexual Assault Task Force. Also on the brief was John C. Rake .

Sarah E. Feldman , Forum Law Group, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Kathryn Moakley , Domestic Violence Clinic, Eugene, filed the brief for amici curiae Oregon Coalition Against Domestic and Sexual Violence, National Crime Victim Law Institute, and Oregon Crime Victims Law Center.


Under the Family Abuse Prevention Act (FAPA), ORS 107.700 to 107.735, a petitioner may obtain a protective order by establishing, among other things, an "imminent danger of further abuse" by the respondent. ORS 107.718(1). In this case, the trial court concluded that petitioner had met that standard, but the Court of Appeals disagreed...

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