268 P.3d 765
Or. Ct. App.2011Background
- J.G. obtained a FAPA restraining order against Trivitt prohibiting entering J.G.'s residence and interfering with him, including through third parties.
- Trivitt posted a sign on Thompson’s driveway concerning J.G., a current girlfriend of J.G., while the FAPA order was active.
- The state contends the conduct was an attempt to interfere with J.G. through a third party in violation of ORS 107.718(1)(e).
- Trivitt argues the order did not prohibit this communication or entry, and that ORS 107.718(1)(f) does not extend to third-party contact; she also asserts First Amendment concerns.
- The trial court concluded Trivitt violated the FAPA order by willfully interfering with J.G., and he was found in contempt for contempt under ORS 33.015(2)(b).
- On appeal, the court reviews whether the evidence supports a finding of “interfering” under ORS 107.718(1)(e), focusing on statutory construction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Trivitt's conduct violated ORS 107.718(1)(e). | State: conduct interfered with J.G. via third party. | Trivitt: conduct not proscribed by the order and not willful interference. | Insufficient evidence; reversed. |
| Whether ORS 107.705(4)'s definition of 'interfere' supports a broad reading to include this conduct. | State: broad reading covers third-party interference. | Trivitt: only direct hindrance; not tak[ing] part in concerns. | Limiting interpretation; not encompass here. |
| Whether the order's interpretation would raise constitutional concerns under free speech/association. | State: no overbreadth; restricts only needed speech. | Trivitt: broad reading infringes rights. | Constitutional concerns acknowledged; not necessary to sustain conviction; reversed on merits. |
Key Cases Cited
- State v. Ryan, 350 Or. 670 (2011) (controls standing to challenge FAPA order on appeal)
- State v. Gaines, 346 Or. 160 (2009) (statutory construction in context and legislative intent)
- PGE v. Bureau of Labor and Industries, 317 Or. 606 (1993) (statutory interpretation with canons of construction)
- State v. Thomas, 229 Or. App. 453 (2009) (standard for sufficiency of evidence on appeal)
- State ex rel. Emery v. Andisha, 105 Or. App. 473 (1991) (earlier broad understanding of 'interfere' prior to statutory narrowing)
- Mastriano v. Board of Parole, 342 Or. 684 (2007) (legislature presumed to enact in light of prior case law)