Hemingway v. Mauer

As part of a continuing dissolution proceeding, husband appeals from the trial court’s decision to continue a restraining order against him based on the Family Abuse Prevention Act, ORS 107.700 to 107.735 (FAPA). ORS 107.718(10) (allowing hearing to contest ex parte FAPA order). Because husband was denied the opportunity to cross-examine wife’s witness, we vacate the order and remand.

Under ORS 107.718(1), a court may issue a FAPA restraining order upon a showing that the petitioner:

“[H]as been the victim of abuse committed by the respondent within 180 days preceding the filing of the…