279 P.3d 290
Or. Ct. App.2012Background
- Petitioner sought permanent stalking protective orders (SPOs) against Evan Braude and Karla Braude after a history of divorce and post-judgment proceedings.
- Trial court applied ORS 30.866 and entered permanent SPOs based on alleged two-year pattern of unwanted contacts by the respondents.
- Incidents included residents driving by petitioner’s rural home, photographing property, and occasional parking near the driveway in the early morning hours.
- Petitioner also cited past violent conduct by Evan in 2004–2005 to support fear for personal safety, though such events occurred years earlier.
- Respondents acknowledged some driveway-by-events and Karla’s photographs but denied ongoing contact after 2009; some events occurred before May 2010.
- On appeal, the court reviews the trial court’s factual findings for any evidence and legal conclusions for errors of law, and reverses when the record does not support entry of an SPO.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to support an SPO under ORS 30.866 | B. argues repeated, unwanted contacts caused alarm and were objectively reasonable. | Braude contends contacts did not create objectively reasonable apprehension of safety. | Insufficient evidence; no objectively reasonable apprehension established; SPOs reversed. |
Key Cases Cited
- Travis v. Strubel, 242 P.3d 690 (Or. App. 2010) (standard of review for SPO appeals)
- Reitz v. Erazo, 274 P.3d 214 (Or. App. 2012) (unwanted contact and objective/subjective elements)
- Falkenstein v. Falkenstein, 236 P.3d 798 (Or. App. 2010) (speech contacts require threat to serve as predicate)
- Habrat v. Milligan, 145 P.3d 180 (Or. App. 2006) (directly threatening behavior supports SPOs)
- Sparks v. Deveny, 189 P.3d 1268 (Or. App. 2008) (continued presence without threatening conduct may be insufficient)
- Boyd v. Essin, 12 P.3d 1003 (Or. App. 2000) (context of history of abuse affects threat assessment)
- Osborne v. Fadden, 201 P.3d 278 (Or. App. 2009) (elements of intent/mental state in SPO analysis)