State v. Balero

DUNCAN, J., pro tempore

Defendant appeals the trial court’s judgment finding him in contempt of court for violating a restraining order issued under the Family Abuse Prevention Act (FAPA), ORS 107.700 to 107.735. On appeal, defendant asserts that the state failed to present legally sufficient evidence that he “interfered” or attempted to “interfere” with the person protected by the FAPA order. We agree with defendant and, therefore, we reverse the trial court’s judgment.

When a defendant challenges the legal sufficiency of the evidence supporting a finding of contempt, we view the evidence in…