Hubbell v. Sanders
263 P.3d 1096
Or. Ct. App.2011Background
- Hubbell petitions for a FAPA restraining order against Sanders after their intimate relationship ended in Aug 2009.
- Starting Sep 2009 Sanders was frequently seen near Hubbell's neighborhood, though he lived over six miles away.
- Hubbell discovered a flat tire on Sep 2, a later tire incident on Nov 5, and vandalism on Sep 19; Sanders denies involvement.
- Neighborhood observations and Hubbell's fear increased as Sanders trespassed on or loitered around Hubbell's property and she received threatening communications.
- On Nov 23, Hubbell found intruder in her backyard; police apprehended Sanders; Hubbell sought ex parte FAPA order that day.
- An evidentiary hearing on Jan 11, 2010 upheld the order; Sanders challenges findings regarding fear of imminent injury and imminent danger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hubbell was in fear of imminent bodily injury | Hubbell asserts fear from Sanders' repeated intrusions and messages. | Sanders contends fear was not established by sufficient evidence. | Yes; sufficient evidence to establish fear of imminent bodily injury. |
| Whether Hubbell was in imminent danger of further abuse | Her continuing encounter with Sanders showed ongoing danger. | No demonstrated pattern beyond isolated incidents in 180 days. | Yes; evidence shows imminent danger of further abuse. |
| Whether Sanders is a credible threat to Hubbell's safety | Sanders' conduct indicates a dangerous obsession and credible threat. | Any intoxication or remorse negates credibility. | Yes; Sanders' conduct supports credibility of threat. |
Key Cases Cited
- Fielder v. Fielder, 211 Or.App. 688 (Or. App. 2007) (fear-based abuse sufficient for FAPA under ORS 107.718(1))
- Lefebvre v. Lefebvre, 165 Or.App. 297 (Or. App. 2000) (fear, not explicit threats, can support imminent danger finding)
- Roshto v. McVein, 207 Or.App. 700 (Or. App. 2006) (subjective fear requires corroborating evidence of imminent danger)
- Travis v. Strubel, 238 Or.App. 254 (Or. App. 2010) (review for any evidence supports trial court decision)
- State v. S.T.S., 236 Or.App. 646 (Or. App. 2010) (declines de novo review absent compelling reason)