Geving v. Young
Annotate this Case
Download PDF
FILED: March 28, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON ANGELA M. GEVING, Petitioner-Respondent, v. MABLE A. YOUNG, Respondent-Appellant. Lane County Circuit Court 181020709 A147188 Ted Carp, Judge. Submitted on February 23, 2012. George W. Kelly filed the brief for appellant. David C. Force filed the brief for respondent. Before Haselton, Presiding Judge, and Armstrong, Judge, and Hadlock, Judge. PER CURIAM Reversed. 1 PER CURIAM 2 Respondent appeals a stalking protective order (SPO) that the trial court 3 entered against her. A detailed recitation of the facts would not benefit the bench, the 4 bar, or the public. On appeal, respondent contends that the record lacked sufficient 5 evidence to establish an objectively reasonable basis for petitioner to have felt alarmed or 6 coerced. We agree and, accordingly, reverse. 7 8 ORS 163.738(2)(a)(B) provides that a court may enter an SPO against a person if it finds by a preponderance of the evidence that 9 10 11 12 "(i) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person; 13 14 "(ii) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and 15 16 17 "(iii) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household." 18 The evidence submitted to the court was legally insufficient to establish the requisite 19 objectively reasonable alarm on petitioner's part. Thus, the trial court erred in entering an 20 SPO against respondent. 21 Reversed. 1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
