Legal Opinion

Atkins v. Taylor

Marion County Circuit Court, Oregon

Decided June 22, 2016No. 15SK00054; A159120PublishedCited by 1 opinion

1Opinion of the CourtSercombe, P. J.

Respondent appeals, challenging the trial court’s denial of his motion to set aside a stalking protective order (SPO). He asserts that the court erred in denying his motion when, prior to the entry of the final SPO, respondent had never been served with the petition and temporary SPO, nor been given notice of the hearing on the final SPO. We agree that the trial court so erred and, accordingly, reverse and remand.

The background facts are procedural and undisputed.1 On January 20, 2015, petitioner filed a petition for an SPO. The same day, the court held an ex parte hearing on the petition and…

2Cases cited1 opinion

  1. Nelson v. American Home Mortgage Servicing, Inc.Court of Appeals of Oregon · 2012

3Cited by1 opinion

  1. United States v. Michael HagarCourt of Appeals for the Sixth Circuit · 2020

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