Rosiles-Flores v. Browning

Petitioner appeals from the trial court’s order denying her petition for a restraining order pursuant to the Family Abuse Prevention Act (FAPA). ORS 107.700 to 107.735. We reverse and remand to the trial court with instructions to issue the requested order because we conclude, on de novo review, that petitioner’s sworn allegations, along with her personal appearance at an ex parte hearing, satisfy the statutory requirements for obtaining an ex parte restraining order under FAPA.

The facts are as follows: On February 8, 2005, petitioner filed a petition for a restraining order pursuant to FAPA.…