341 P.3d 841
Or. Ct. App.2014Background
- Victim obtained a FAPA temporary restraining order prohibiting defendant from intimidating, molesting, interfering with, or menacing the victim, with an exception allowing service or provision of documents "related to a court
- case."
- Parties initiated pro se dissolution proceedings; defendant filed a response and a five‑page "Addendum to Response and Counterclaim" and later served it on the victim.
- The addendum contained extensive, emotive, third‑person and directly addressed passages urging the victim to reconsider divorce, expressing love, remorse, and requests for counseling.
- Victim reported receipt to police; state charged defendant with contempt for violating the FAPA no‑contact provision.
- Trial court found the addendum was effectively direct communication to the victim, not a document "related to a court case," and concluded the violation was willful; defendant moved for judgment of acquittal, which was denied.
- Defendant appealed, arguing the filing was protected as court‑related and, alternatively, that the state failed to prove willfulness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the addendum fell within the FAPA exception for documents "related to a court * case" | The addendum was a pleading in the dissolution case and thus related to the court case | The addendum was a thinly veiled letter aimed at the victim, not genuinely related to court proceedings | The addendum was not "related to a court case"; its content and defendant's intent show it was directed to the victim, so it violated the FAPA order |
| Whether the state proved a willful violation of the FAPA order | Willfulness established by showing valid order, defendant's knowledge, and voluntary noncompliance | Defendant argued a layperson could not be held to a counterintuitive reading of the order and lacked specific intent | Willfulness only requires knowledge of the order and voluntary noncompliance; defendant knowingly filed the addendum despite the order, so the violation was willful |
Key Cases Cited
- State v. Graham, 251 Or App 217 (discussing standard for reviewing denial of judgment of acquittal and contempt willfulness)
- State v. Nollen, 196 Or App 141 (legal question review when facts undisputed)
- Walti v. Willamette Industries, Inc., 100 Or App 89 (construction of temporary restraining order is a question of law)
- State v. Montgomery, 216 Or App 221 (willfulness as voluntary noncompliance with court order)
- Couey and Couey, 312 Or 302 (willfulness requires voluntary noncompliance)