Allen v. Halvorson

Respondent appeals the entry of a stalking protective order (SPO), contending that the evidence was insufficient to support it. We agree with respondent and therefore reverse.

Respondent requests that we review the record de novo. See ORS 19.415(3) (the Court of Appeals may, in our sole discretion, review an equitable case de novo). However, because we do not consider this an “exceptional case,” we deny that request. See ORAP 5.40(8)(c) (“The Court of Appeals will exercise its discretion to try the cause anew on the record or to make one or more factual findings anew on the record only in…