Legal Opinion · Dissent

State v. Gerhardt

Court of Appeals of Oregon

Decided September 16, 2015No. 12P3329; A152760Published

1DissentFlynn, J.

I agree with the majority that the “economic damages that can be awarded as restitution include reasonable expenses necessarily incurred by a victim to redress the harm caused to the victim by a defendant’s criminal conduct.” 273 Or App at 594. I respectfully disagree, however, that the language of the victim’s restitution request, here, precludes an award of restitution for the expense necessary for the victim to obtain a Family Abuse Prevention Act *601(FAPA) restraining order. I dissent separately to emphasize my understanding that our causation standard does not make restitution dependent on…

2Cases cited9 opinions

  1. State v. PumphreyCourt of Appeals of Oregon · 2014
  2. State v. StephensCourt of Appeals of Oregon · 2002
  3. State v. DotyCourt of Appeals of Oregon · 1982
  4. State v. JordanCourt of Appeals of Oregon · 2012
  5. State v. RamosCourt of Appeals of Oregon · 2014

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