State v. Montgomery

Defendant appeals a judgment of contempt based on a finding that she willfully dialed her ex-husband’s telephone number in violation of the terms of a restraining order. ORS 33.015(2)(b). Defendant asserted that she dialed the number accidentally. The trial court concluded that whether she did so accidentally was irrelevant to the question whether she acted in “willful” violation of the restraining order. Defendant contends on appeal that the trial court erred in applying the wrong legal standard in determining whether she acted “willfully.” The state concedes the error. For the following…