State Ex Rel. Adult & Family Services Division v. Burkhart

Defendant appeals from a trial court order holding him in contempt for wilful disobedience of the court’s order that he submit to a blood test and sentencing him to serve 30 days in jail. The dispositive issue is whether the court’s contempt order is sufficient. We reverse and remand.

The contempt proceeding arose out of a disputed paternity proceeding commenced by the state. Defendant was ordered to submit to a blood test. ORS 109.252. 1 He refused to have his blood drawn at the medical facility designated by the trial court. He agreed, however, to have blood drawn by his own doctor and…