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S.L.L. v. MacDonald

Court of Appeals of Oregon

December 17, 2014

S. L. L., Petitioner-Respondent,
v.
KENNETH FRANK MACDONALD, Respondent-Appellant

Argued and Submitted January 09, 2014.

Multnomah County Circuit Court No. 101217455. Karin Johana Immergut, Judge.

Donald J. Molnar argued the cause and filed the briefs for appellant.

Helen C. Thompkins argued the cause and filed the brief for respondent.

Before Lagesen, Presiding Judge, and Duncan, Judge, and Schuman, Senior Judge.[*]

OPINION

[267 Or.App. 629] SCHUMAN, S. J.

Page 774

The trial court in this case granted petitioner's motion for a permanent stalking protective order (SPO) against respondent, her ex-husband. Respondent appeals, contending that petitioner did not establish that he had engaged in the two predicate contacts that must be proven in order to justify an SPO. We disagree with respondent, and we therefore affirm.

The following facts are supported by constitutionally sufficient evidence. See Travis v. Strubel, 238 Or.App. 254, 256, 242 P.3d 690 (2010) (trial court's findings of fact in stalking cases reviewed for any evidence). In 2009, when petitioner and respondent were living in Washington and still married, respondent on at least one occasion, beat and choked petitioner. He was subsequently convicted of felony assault. One provision of his sentence prohibited him from having any contact with petitioner. A divorce followed. Petitioner subsequently moved to Multnomah

Page 775

County. Respondent, however, continued to contact her. On at least one occasion, he told her, over the telephone, that if she ever reported his violations of the no-contact provision of the assault sentence, he would " send his skinhead friends to come take care of [her]." He also told her over the telephone that he was going to " fuck [her] up." And he posted on his website photographs of petitioner's Multnomah County house, taken from a cemetery located across the street from it.

In 2010, within two years of the Washington assault, petitioner filed a motion for an SPO, alleging that, in addition to the assault, respondent had made the contacts described above. After a hearing, the trial court granted petitioner's motion. Respondent appeals.[1]

Oregon's civil stalking statute, ORS 30.866, provides, in part:

" (1) A person may bring a civil action in a circuit court for a court's stalking protective order or for damages, or ...

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