A. A. R. v. Rustad ( 2022 )

844
Argued and submitted April 27, reversed May 25, 2022
A. A. R.,
Petitioner-Respondent,
v.
Alan Jay RUSTAD,
Respondent-Appellant.
Lane County Circuit Court
21PO05124; A176455
511 P3d 88
Amit K. Kapoor, Judge.
George W. Kelly argued the cause and filed the brief for
appellant.
No appearance for respondent.
Before Tookey, Presiding Judge, and Kamins, Judge, and
DeVore, Senior Judge.
PER CURIAM
Reversed.
Cite as 319 Or App 844 (2022) 845
PER CURIAM
Respondent appeals the trial court’s continuation of
a restraining order issued against him under the Family
Abuse Prevention Act, ORS 107.700 to 107.735. While work-
ing from her marital home, petitioner was leading a video
meeting with several colleagues when respondent, who was
her father-in-law, interrupted the meeting by loudly mak-
ing humiliating remarks about her at the screen and refus-
ing to leave despite repeated requests from petitioner and
her coworkers. Having reviewed the record, we conclude
that while respondent’s behavior was reprehensible, the
evidence was insufficient to establish that he “represents a
credible threat to the physical safety of the petitioner.” ORS
107.716(3)(a)(C). Given that disposition, we need not reach
respondent’s argument concerning how the Supreme Court’s
jurisprudence relating to free speech, particularly, State v.
Rangel, 328 Or 294, 977 P2d 379 (1999) applies, if at all, to
the Family Abuse Prevention Act.
Reversed.